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20011848 Ver 1_COMPLETE FILE_20020123
z • SITE CEftTitryCAiE OF OWNERSHIP NORTH GAROUNA a a~ "This certifies and w WAKE COtlNTY A anarte that Mrs rttidero~ried is (ore) I, o Not Public of the Count and State afor Id ~ y the. sole owner(e} of the pr~erty eho~r on thte map or plot ~ aN y Bored before amea i and State afarewid, cert(ty that CURVE DATA -I peered before ma thle day and > ~ tnd ~y a~D~+I~q eheeh wbject to the exp~rtbrre on ocktiowl the eracuthxr o} ~ y ~ , ~ Tl record, havMq acQuhad the property k~ fee ehnple by (e) offlckY ~ 9 inetnrmerrt. witness m, trum~t. wltneee my hand and NUMBER BEARING RADIUS C 2 N ~ AR DIST. o ~ ~ recorded b the Ofl~e of Mrs R st ~ ~ Bed, thte day of egt ~ of Eked, of Wtece Carnty s ~ North Carding, or otherwise, as #iown below and ae ardr C-1 N 44'55'49" E 25.00 43.15 7. ~ o i ~ 6f has (hove} the right to aar?vey the pity Cn tee aknple 3 99 z ° C- ~ a 2 N 02'0818 ~ 1132.06 36.72 36.72 < t" ~ and that the dedlcatar(e} w!i w~rent and defend the title Hatory ptibitc r q~, against the Mortal ctWmt of ae persmrs whan~ewr unle~ Notary Pubitc ~ ~ ~ I C 3 5 035712E 2355.38 .46..37 46.37 excepted. heretn and shot by aubmiktan of Mile pidt ar map tAy aommtsMn exphbe for apprpvd i (we) do dedMate to the sty pf Refe~ti for C-4 N 05'14' o~ ~ o 32 W 2355.3$ .59.60 .59.60 0 cammte(on exphbe ~ ~ publk u~ oil streets, eaaem~ts, rights-of-wad parks and O ~ ~ Z v greenwoya (as these kitaeete are defkred In the Gone), and ae the efxrre may be elrown tfarevn, to pli lowfui purposes to ~ EIP 47 f ~ .ref N ~p c3 wfilch the qty maY devote or a9ow the sane to ~ used and ~ acaptarrae thereof ~ accordance with dl City w o' t GLENMi04D AVE. pollda, adMorias and re~lctkxre a cbnditMne of the City of Raletypr for the beneAt of Mrs public, Bad dedkxrtMn `fl I ~ 4 Q ehadl be 4rsvocabie; Provided, any dedfcatlal of eaeerrient ~ 1 I for storm draMage are not mode to the tatty af'k~e but ore irrev~ly mode to tfie sub ar o+arere ai I i VICINITY MAP N. T. S. ary are aN properties poem hereon tht u~ and'' eub}ect to con~tkxie of e~sectbns b cad and Neir•fit I SecMorr t and SectMn ~ f , { } (O " o the Cfty Storm Ordnogr Pdky ` (Reedutlon 1974-~42 ore Mle pane may be from tkne to tkne 1 I ari~idkl). I :3288 Soak Na. I NO N.C.C.S C~ITROI ~ Wt~}NN 2000' LEGEND ~ ` 1w.riM I P Na 1 LINES SURVEYED a~ LfNES NOT SURVEYED 4 I E.LP. EXi5tING IRON PIPE 4 ~j ahue(s} of property owner(e} 4 I I i.P.S. IRON PIPE 5ET C.M.S.. CQNCRETE MONUMENT SET I E,C.M, Q(iSTING CDNCRETI MONUMENT P.K~S. P.K. NAtI SET I E.P.K. EXCSIING P;K. NAZI i I ~ R/W RIGHT DF WAY i D;B. DAD fl00K 70 CPdd. EASEMENT ~ P,P, PGWER POLE t~ ~v D.H.P, QV~ HEAD PDWER R.R.S. RAILROAD SPIKE I a~ ~ ~ h (1234} ADDRESSES i Q Q r; C) N v i ~ Cr.I 0 a, This tY areates a subdlvisiori of land within the urea of a coun _ or municipality that has on ord'mance that regulotea' parcels of land. _ _ ~ ~ Q _ - l f~1 4 b. This survey is loccited in i portlorr of a county or municopaNty that $ i rs unregulated as to an ofdinonce that roguMt~i .parcels of Mnd. ~ P O c. An ne PL. yo of the foMowm : ~ ~ p ~p y I 9 R~ l... 1. That the auf'wy k of on existing parcel or porceh of land and does 6Q Pig P l... ~ not create-o new street or chap o on existing street; ~~C R /w ~H Q / 2; Thot Mte wrvey is of an existing building or other etructuro, or natural _ _ IPS $ ~ feature, ata~Fi os a watercourse; or - 19 E r v 7, C _ _ _ _ ~ .1,1' IPS ~ ~ 3. That the survey is a control survey.. - - - - _ _ _ _ _ Cr d. This survey is of another .category,. such as the recambirraMon of ~ 0 EXIStING ExIStINC sarurari~'s~ COGGINS CONSTRUCTI~d G4. existing parcels, scours-ordered survey, ar other exception to the definition ~ ("n 112 20' c.o.R SAN. of 6u~V18Wn. - SAN. SEW. fShfN' ~ ` - - - _ _ _ _ I DB .2541. PG. 190 4 e. The informa~on cvailabie u r ~ - _ _ O I ~ MH I. t 1 t unable to k ~ s rveyo Is such that the wrveyor is m0 a a determination titie f ~ ~ ` a~, io beet o the surveyor's profeaaional G , r. dY as to provisions contaMed in (i} through jd} above. ~ Qy ~ k=>k p,,~ ~ r Z _ _ 0p p t y ~ ~ ~ Z ~ ~ ~ ~ ~ Or w G - ~ d CURVE DATA. ~ - - ' NUM@ER @EARING RADIUS ARC DtST.' ~ ~ 7G . I _ _ _ o ` EIP N I ~ - 1 ~ C-1 N 44'55'49" E 25.00 43.15 37.99 ~ ~ p 1 I t Professional Land Surv m i eYa' n r I O 'l+, J this parcel is located in the ~ Plannin uri d 9 1 s ictron. I r, I ~ m~ 4 ~ I ~ ~o W m m - ~ a ~ r Q ~ p i ~ Q ~ ~ - ~ ~ NORTH CAROLINA ~ u~ ' e Q ~ , w ~ ~ CATCH ' BASIN Q ~ ~ 1 _ d`I S~, 1. O r S,~'. ` I ~ ~ I ~ ~ 34 A'C. i, Barry L Scott, certify that this plat woes drown under my supervision i , 34 A'C. ~ I z a ~ I $~e a.C s, Z ~ from (an acttati survey made under my supervision}(deed description recorded g4, R In tlJ~k poge 73 etc.xother}, thot the rcHio of pree~ion as ~ 4 ~ ~ ~ ~ coictdoted krtitude and by departures is 1/tO,DDD, that the boundnriea_ not i ~ ~pv~ S"1 ~ 1hr? ~ ~ I I a r ,,ANK ro E(P 1 ~ ~ :JANK a ahoym a booker, ifnes pladted from infarmaNon found in Soak , poi that the pkrt rrm pnporod in acaoMancs with ~ ( ~ ~ W GREEK ~ / 1-1 L ck ti ~ _ : ~ ?M b a the G.S. 47-'R1 spa a 3 mrrtertded. Witness original ro, registration v - D -fro 3 ~ m W number and seal this of b tel. day , A.. 20.,Q_. ~ BANK i ~ BANK I 0: !t 1 W ~ i I !W ~ 1527 1 74 ter. 52 Z . D.359 IP Q.359:kC. ~ i i I ~ e I I 1 Ii Q { ~ I i ~ 1 i ~ \ ~ 2p' DRAINAGE f e7 2C~' DRAINAGE EASEMENT _ t) ~ ~ _ _ t~ - _ A RL P 0 LA CL SED - - ~ I. - c~ CE BY . _ _ I EI>r ~ ~ , I RALEIGH CITY COUNCIL,.. _ EIP ~ RESOLUTION 2001-157 CONTR 1'44" W I F.. S 6T5 I ~ CORNER tO9,05 i I ~ i i ~g I ~ ~ o ~ ~ e" ~ -1 Er REF~BEN~ES t a 3 B.O.M. 160, PG. 29 W.C.R, z THIS PLAT NOT TO BE RECORDED OYMER ~ AFTER DAY OF P.J. dt C.' 1 COPY T4 BE RETAINED fOR THE D@ 2897, "Thh plat or map is not a subdivision, but a recornbiriation of reviousl P.J. ~ C.T. HA4MKS JYLES C. GHQIJZAQEH Z 3 DB 2897, PG. 764 ~ P. 0. BOX 1508 ~ C7 h P Y qTY. pkttted property, and masts alt atotutary rsqukemarts for recor~din 9 tHiS PLAT IS IN ~ OUT OF I RALEIGH, N.C. 276D2 THE CITY UMITS. EIP Plonnlnq Dseatar / Vsalce Count Review f)fflcer" Y } ' ~ h.. 1 ~ N t LOT 1 ' S ,BLOCK 2, ©EBLYN PARK SUB D AS RECORDED Ih HORIZONTAL GROUND DISTANCE I N , , o CORDED I.N. H.fl.M. 1:942, PG. 8Q W.C.R. AREA COMPUTED 8Y COOfiD. ; O ~ ~ ~ GEOMETRY METHOD I a g THIS PLAT RE 0R C D E D i N 0. M. P. B. / P. C. P G. W ~ W COUNT-Y REGISTRY r a4cn oc~ _ ?6F \o vv H r?9QG ? f o ? Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality February 1, 2002 DWQ# 01-1848 Wake County Robert Gron Town Engineer Town of Apex P.O. Box 250 Apex, NC, 27502 APPROVAL of 401 Water Quality Certification and Neuse River Buffer Rules Dear Mr. Gron: You have our approval, in accordance with the attached conditions, to place fill in 147 linear feet of intermittent streams and 0.115 acre of wetlands in order to construct the Apex Peakway Thoroughfare project in Wake County, as described in your application received by the Division of Water Quality on January 23, 2002. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3289, which can be downloaded from our web site at http://h2o.enr.state.nc.us/ncwetlands . This Certification allows you to use Nationwide Permit Number 14 when issued by the U.S. Army Corps of Engineers. This approval is also valid for the Neuse River Buffer Rules (15A NCAC 2B .0233). In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification. This Certification replaces the one issued to you under DWQ #01-0813 on June 22, 2001. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us in writing and you may be required to send us a new application for a new certification. 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. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. Td ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Charles Brown in our Raleigh Regional Office at 919-571-4700 or Cyndi Karoly in the Central Office at 919-733-9721. Sincerely, Attachments horpe, Ph. . cc: Corps of Engineers Raleigh Field Office Raleigh DWQ Regional Office Central Files File Copy Wendell Overby, 11010 Raven Ridge Road, Raleigh, NC, 27614 011848 North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) MEMORANDUM TO: John Dorney Regional Contact: Charles Brown Non-Discharge Branch WO Supervisor: Ken Schuster Date: 112-1/2-00-2 SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Apex'Peakway County Wake Project Number 01 1848 County2 Recvd From APP Region Raleigh Received Date 1/23/02 Recvd By Region Project Type Residential Certificates Stream Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. . Supp. Basin Req. Req. F14 Stream O T -@)N F- 27-43-2 WSIIi NSw 30.402. F_ 147.00 NTT3R 13uffcr,, K_'7_0 N F_F-F_-F X0.40?: 0.1 F_F_PV _0N r Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N Is Mitigation required? 0 Y O N Recommendation: 0 Issue 0 Issue/Coed 0 Deny Provided by Region: Latitude (ddmmss) 354355 Longitude (ddmmss) 785023 Comments: Issue w/out conditions. The site visit done for the original buffer call was to survey the entire corridor that the Town of Apex was using and had surveyed. The length of channel that was w_ it_hin the survey lines was not subject to the rule. The channel was a stormwater channel, cc: Regional Office Central Office Page Number 1 FIL E Tnage Check LlSt Date: In Z4 6..Z To`Project Name ?FRO a DWQ Protect Number d .1? ?WaRO Deborah Sawyer County t.2 ?WiRO Joanne Steenhuis ?WSRO Jennifer Frye CARP Mike Parker ?MRO. Pste Colwell From: Telephone (919) 733-17 The file attached is being forwarded to you for your evaluation. Please call if you need assistance. ? Stream length impacted ""Stream determination 1 ? Wetland determination and distance to blue-line surface waters on USGW topo maps ? Minimization/avoidance issues ? Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman) ? Pond fill ? Mitigation Ratios ? Ditching ? Are the stream and of wetland mif'gation sites available and viable? ? Check drawings for accuracy - e aPPGcation consistent with pre-application meetings? -1 t ?tR7t }NO tm rl?l('? f7Sfl[?ITC -r. ?.?-- 3?c. < r ? -•. -aP w. `? .. ,. ACTION ID 200120714 DWQ #01-0813 Soil & Environmental Consultants, PA PMB 291, 3020-I Prosperity Church Road • Charlotte, North Carolina 28269-7197 • Phone: (704) 720-9405 • Fax: (704) 720-9406 www.SandEC.com 1840 US Army Corps of Engineers-Regulatory Attn: Ms. Amanda Jones 6508 Falls of Neuse Road, Suite 120 Raleigh, NC 27615 Dear Ms. Jones and Mr. Dorney: J"z32002 The purpose of this letter is to request the use of Nationwide Permit 14 for construction of the proposed Apex Peakway Thoroughfare. In June 2001 the project was permitted by the USACE and NC DWQ (Action ID 200120714 and DWQ#01-0813, respectively). As the project approval process progressed, NCDENR Land Quality has required the addition of NC DOT class I rip-rap on suitable geotextile to armor the structure. The Division of Land Quality requirement will result in an additional 8 linear feet (105 square feet) of stream impact. The project is located east of Apex, NC between Old Raleigh Road and Center Street (35°43'56.20"N,78°50'24.41"W). The site is shown on the attached USGS Topo Quad vicinity map. Construction of the road crossing will comply with all of the general conditions stated within Nationwide Permit 14. Proposed impacts to jurisdictional waters will total 0.115 acres for impacts associated with one road crossing (see map). Proposed impacts to stream channels will involve 147 linear feet. Because proposed impacts to channels total less than 150 linear feet, S&EC believes no stream mitigation should be required for this project. Minimization and avoidance can be demonstrated through project design where the proposed road crosses wetlands and stream channel at a perpendicular angle (see maps). The width of the fill is limited to the minimum necessary for the crossing. The stream channel is not subject to the Neuse River Riparian Buffer rule as per NC DWQ (NBRRO 01-019). Included are: (1) Cover letters from the Town of Apex to USACE/NC DWQ, (2) a completed Pre-Construction Notification application, (3) signed Agent Authorization Form, (4) USGS Site Vicinity Map, (5) Soil Survey Map, (6) Site Plans, (7) Plan Review Comments from NCDENR Land Quality Section, (8) Copy of USACE Nationwide 14 Permit approval, (9) Copy of 401 Certification from NC DWQ, (10) Neuse River Riparian Buffer Letter from DWQ, (11) Wetland Data Forms, and (12) a check for $200 to NCDWQ for 401 fees. Please call if you have questions or require further information. Due to the small amount of additional impacts requested since the previous approval and because of delays outside the control of the applicant please process as quickly as possible. Sincerely, / // 6?1 Wendell Overby ore"; A, Greensboro Office: Hickory Area Office: Raleigh Office: 3817-E Lawndale Drive 710 Boston Road 11010 Raven Ridge Road Greensboro, NC 27455 Taylorsville, NC 28681 Raleigh, NC 27614 Phone: (336) 540-8234 Phone: (828) 635-5820 Phone (919) 846-5900 Fax: (336) 540-8235 Fax: (828) 635-5820 Fax: (919) 846-9467 NCDENR-DWO /14t Attn: Mr. John Dorney --2321 Crabtree Blvd., Ste. 250 Raleigh, NC 27604-2260 THE PEAK OF GOOD LIVING gown of teat P. O. BOX 250 APEX, NORTH CAROLINA 27502 1/10/02 a 0 ii '16 4 Amanda D. Jones Project Manager USACE Re: Action ID 200120714/ Wake County JAN 2 3 2007 Dear Ms. Jones, On June 4, 2001 The U.S. Army Corps of Engineers issued a Section 404/Nationwide 14 Permit to the Town of Apex which authorized impacts to 0.11 acres and 139 linear feet of an unnamed tributary for the Apex Peakway project (Please see attached). The previously permitted impacts will need to be slightly revised due to a requirement by the NCDENR Division of Land Quality (Please see attached). The Town of Apex has been ordered by NCDENR/DLQ to place Class I Rip Rap at the outlet of the 72" Corrugated Metal Pipe at the exit transition. The additional impact is 105 Square Feet and 8 linear feet. This raises the total impact to 0.115 acres (4995 Sq. Ft.) and 147 linear feet of total stream disturbance respectively. Due to the unexpected requirement and the non expeditious manner in which the review was handled by NCDENR/DLQ and the fact that this has put the Town of Apex well behind in construction schedule, we are kindly requesting an expeditious review by USACE. Thank you in advance for your consideration. S9.Harrison REngineering Projects Coordinator Cc: Robert Gron, PE Kent Jackson, PE ?p Ex z ? p z 13 Ay C ADO THE PEAK OF GOOD LIVING gown o l c: ac P. O. BOX 250 APEX. NORTH CAROLINA 27502 1/10/02 John R. Dorney NCDENR/DWQ Re: DWQ# 01-0813/ Wake County JAN 2 3 2002 Dear Mr. Dorney, On June 22, 2001 the NCDENR/DWQ issued a Section 401Permit to the Town of Apex which authorized impacts to 0.11 acres and 139 linear feet of an unnamed tributary for the Apex Peakway project (Please see attached). The previously permitted impacts will need to be slightly revised due to a requirement by the NCDENR Division of Land Quality (Please see attached). The Town of Apex has been ordered by NCDENR/DLQ to place Class I Rip Rap at the outlet of the 72" Corrugated Metal Pipe at the exit transition. The additional impact is 105 Square Feet and 8 linear feet. This raises the total impact to 0.115 acres (4995 Sq. Ft.) and 147 linear feet of total stream disturbance respectively. Due to the unexpected requirement and the non expeditious manner in which the review was handled by NCDENR/DLQ and the fact that this has put the Town of Apex well behind in construction schedule, we are kindly requesting an expeditious review by DWQ. Thank you in advance for your consideration. Sincerely, v Richard . Harrison Engineering Projects Coordinator Cc: Robert Gron, PE Kent Jackson, PE / p,P Ex z ? p Z ?Jy P, ?c ,o R > JM232 Pre-Construction Notification (PCN) Application Form For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401 General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE) Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's (DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401 Water Quality Certification. The USACE Individual Permit application form is available online at http://www..saw.usace.gmy.mil/wetlands/Penn app.htm. The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide, Regional or General permits, and to determine which permit applies to your project, please go to the USACE website at http://www..saw.usace.am.mil/wetlands/reiztour.htm, or contact one of the field offices listed at the end of this application. The website also lists the responsible project manager for each county in North Carolina and provides additional information regarding the identification and regulation of wetlands and waters of the U.S. The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant which 401 Certification will apply until the 404 Permit type has been determined by the USACE. Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at hitp://h2o.enr.state.nc.us/ncwetlands to read about current requirements for the 401 Water Quality Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The applicant is also advised to read the full text of the General Certification (GC) matching the specific 404 Permit requested. In some cases, written approval for some General Certifications is not required, provided that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet should contact DWQ's Central Office in Raleigh at (919) 733-1786. Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources Commission (NCWRC) is also required for projects occurring in any of North Carolina's twenty-five counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC regional coordinator (listed by county on the last page of this application). Page 1 of 12 CAMA Coordination - If the project occurs in any of North Carolina's twenty coastal counties (listed on the last page of this application) the applicant should also contact the North Carolina Division of Coastal Management (DCM) at (919) 733-2293. DCM will determine whether or not the project involves a designated Area of Environmental Concern, in which case DCM will act as the lead permitting agency. In such cases, DCM will require a Coastal Area Management Act (CAMA) Permit and will coordinate the 404/401 Permits. USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms, photos, etc. to the applicable USACE Regulatory Field Office (addresses are listed at the end of this application). Upon receipt of an application, the USACE will determine if the application is complete as soon as possible, not to exceed 30 days. This PCN form is designed for the convenience of the applicant to address information needs for all USACE Nationwide, Regional or General permits, as well as information required for State authorizations, certifications, and coordination. Fully providing the information requested on this form will result in a complete application for any of the USACE Nationwide, Regional or General permits. To review the minimum amount of information that must be provided for a complete PCN for each USACE Nationwide permit, see Condition 13, 65 Fed.Reg. 12893 (March 9, 2000), available at http://www saw usace army rniVwetlands/nWfinalFedReg_pdf. Processing times vary by permit and begin once the application has been determined to be complete. Please contact the appropriate regulatory field office for specific answers to permit processing periods. 401 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center, Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401 Certification, then a non-refundable application fee is required. In brief, if project impacts include less than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is required. A check made out to the North Carolina Division of Water Quality, with the specific name of the project or applicant identified, should be stapled to the front of the application package. For more information, see the DWQ website at http://h2o.ehnr.state.nc.us/ncwetlands/fees.html. The fee must be attached with the application unless the applicant is a federal agency in which case the check may be issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules, the application fee does not apply, and the applicant should clearly state (in a cover letter) that only Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional requested information, or denial. Page 2 of 12 Office Use Only: Form Version April 2001 USACE Action ID No. DWQ No. If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Section 10 Permit ® 401 Water Quality Certification ? Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: 14 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 Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: ? II. Applicant Information 1. Owner/Applicant Information Name: Town of Apex Mailing Address: PO Box 250 73 Hunter Street Apex NC 27502 Telephone Number: 919 249-3391 Fax Number: 919 249-3416 E-mail Address: 2. Agent 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: Robert Gron Company Affiliation: Town Engineer Mailing Address: PO Box 250 Apex. NC 27502 Telephone Number: 919 249-3391 Fax Number: 919 249-3416 E-mail Address: rgLon@gexnc.org Page 3 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: Apex Peakway 2. T.I.P. Project Number (NCDOT Only 3. Property Identification Number (Tax PIN): _0742.20-71-6624 4. Location County: Wake Nearest Town: Apex Subdivision name (include phase/lot number): n/a Directions to site (include road numbers, landmarks, etc.): East of Apex south of Old Raleigh Road North of McCullers Road (see attached USGS MM) 5. Site coordinates, if available (UTM or Lat/Long): 35°43'55.33"N, 78°50'22.88"W (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Describe the existing land use or condition of the site at the time of this application: Residential 7. Property size (acres): 0.78 8. Nearest body of water (stream/river/sound/ocean/lake):Unnamed tributary to Williams Creek 9. 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/mVs/.) Page 4 of 12 10. Describe the purpose of the proposed work: Construction of Apex Peakway Thorou are 11. List the type of equipment to be used to construct the project: Heavy machinery for grading and filling 12. Describe the land use in the vicinity of this project: Residential 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. Nationwide Permit 14 issued 6/4/01 by USACE Action ID 200120714) Water uality certification issued by NC DWQ 6/22/01 (DWQ#01-0813). V. Future Project Plans Are any additional permit requests anticipated for this project in the future? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application: No. 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. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must 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 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. Page 5 of 12 1. Wetland Impacts Wetland Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (yes/no) Distance to Nearest Stream (linear feet) Type of Wetland*** 1 Fill .115 No 0 Forested wetland * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till, excavation, flooding, ditchingtdrainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at htto://www.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: 0.115 Total area of wetland impact proposed: 0.115 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number (indicate on map) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please specify) 1 Pipe 147 UT Williams Creek 2-3' Intermittent * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, 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. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topoozone.com, www.Mnguest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 147 Page 6 of 12 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) N/A * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: Tin, excavation, areaging, flooding, drainage, bulkheads, etc. 4. 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.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: 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. The project has been permitted previously by both USACE and NC DM for 8 linear feet less stream impact NC DENR Land Quality has requested the additional impacts for placement of class I rip-rap to armor the proposed culvert The proposed impact is aligned perpendicular to the stream. The NC DWQ determined the stream was not subject to Neuse River buffers Page 7 of 12 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 March 9, 2000, 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 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 NCWRP 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/strmgide.htmi. 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 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. Stream impacts are under 150 linear feet. NC DWQ determined stream channel not subject to Neuse River buffer. Only the amount of impact necessary has been requested by Town. S&EC believes no mitigation required. Page 8 of 12 2: Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that you would like to pay into the NCWRP. Please note that payment into the NCWRP must be reviewed and approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401/Wetlands Unit if payment into the NCWRP is available as an option. For additional information regarding the application process for the NCWRP, check the NCWRP website at hqp://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Yes ? No 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/SF-PA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? 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 HpiTprs (DWQ Only) 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 #erein, 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. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No ® If you answered "yes", provide the following information: Page 9 of 12 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* (squImpact are feet) Multiplier MiRequired tigation 1 3 2 1.5 Total IN Zone 1 extends out 3U teet perpendicular trom near nanK of cnannei; Gone 6 exienas an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. XI. Storrttwater (DWQ Only) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss storrawater controls proposed in order to protect surface waters and wetlands downstream from the property. Stormwater pipes will not encroach wetlands. XII. Sewage Disposal (DWQ Only) 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 fapi?ty. N/A project is linear XIII. Violations (DWQ Only) 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 Page 10 of 12 XIV. 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). 6?4 I ZZ o z Applicant/Agent's Signature Date (Agent's signature is valid only if authorization letter from the applicant is provided.) US Army Corps Of Engineers Field Offices and County Coverage Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell US Army Corps of Engineers Avery Clay Jackson Polk 151 Patton Avenue Buncombe Cleveland Lincoln Rowan Room 208 Burke Gaston Macon Rutherford Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley Telephone: (828) 2714854 Caldwell Haywood McDowell Swain Fax: (828) 271-4858 Catawba Henderson Mecklenburg Transylvania Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes 6508 Falls of the Neuse Road Ashe Franklin Nash Surry Suite 120 Caswell Forsyth Northampton Vance Raleigh, NC 27615 Chatham Granville Orange Wake Telephone: (919) 876-8441 Davidson Guilford Person Warren Fax: (919) 876-5283 Davie Halifax Randolph Wilkes Washington Regulatory Field Office Beaufort Currituck Jones US Army Corps Of Engineers Bertie Dare Lenoir Post Office Box 1000 Camden Gates Martin Washington, NC 27889-1000 Carteret* Green Pamlico Telephone: (252) 975-1616 Chowan Hertford Pasquotank Fax: (252) 975-1399 Craven Hyde Pergt#mo4 s Wilmington Regulatory Field Office US Army Corps Of Engineers Post Office Box 1890 Wilmington, NC 28402-1890 Telephone: (Olt-) 251-44541 Fax: (910) 251-4025 Pitt Tyrrell Washington Wayne Union Watauga Yancey Wilson Yadkin *C '1 Noli*41 V?Tgs't Qnly Anson Duplin Onslow Bladen Harnett Pender Brunswick Hoke Richmond Carteret Montgomery Robeson Columbus Moore Sampson Cumberland New Hhnover"' Scotland Page 11 of 12 FROM; SOIL&F.NUI {TALC2DNSJLTANTS_ F!. NO, : 71,147209406 Mar. 0 2MI 08:44RM P2' - ? ?'• .: nwental Cons lit)tC3 Ravatt Up Road • e+ . i+lonk C*elim 27614 - Ph=(91%$4&5900 Fax: (910) 060.- 467 '%%b www.SWAW Wn AGENT AUTH Q=A t?N FORM AI3' Blanks To Be fill2d In ? The ?}t IAMd Yr Name:' t? .- .?-t' - --r-.wtA iiAi _Anw_ Address: _12% ..?cA`4&*'*A !sue tdt:. Ma ftL ikons: Pro#&Name/Descriptan: ?,&P ?? cr??° ? '?tam - ,??c 't???et?6 17ate: IM t - -- __. The Mpartn%Mt of *4 Artny U.S, Army Corks of Iran pryseres, Mmington Distr t, P.O. Box wft% ngtM, NC 284M .Attn: •,njo -riw4 s,C A - - --- field Office: Re: Weeands Related Ccmulting and 1P=uttmg 'fo Whom It May Conceni; Y, the current jZLW_rly O"ef, heretsy'desiPate ai""l authorize Noll & Envirmmwtal Consultants, ,Inc, to n u?esL Po rao act M my baba f as my agent in the proosssing oE;permit agglications, to famish U supple'Mental infvrmation.in support of applicauinw, etc. from. this day forwvxd. The 1, -r day of MAM 'mot This notification supexiedes any previous correspkindence concarrdng the agent for this project. NOTICE: This authoriwi6v, for liability and pr Pfessional conAM reawns, is vadiid Only for government otticiEau to enter the property when ikewInpanied by S&EC staff. You should call S&lrC tot arranp a site awls ing 'itw to 1r itilttg the #i$N4 ,trrr?tcte?i, tdA#lYl V^S. 'r 'R t+? t d ?,*+tYpWtre 961 t!o?1?? Aar print Property Owner's Name cc: Mr. John Domey NCDBH & NR - DWQ Wafer Quality PItt:inlrl 4401 Reedy Creek Road RaWlgi-v NC 276M Property O'wrees Signature cc; Mr. Kevin Marttn Soil & Easvironmental Consultants, Inc. Apw.hm Wal!wa Dclineotbs?d t i?igatean G>it/Ri1e EvalnsEiosu On-Sko SWic Syntonx ERvV0WVWlW AN"s--sWAWlb [?CYAa $ 1 #k tl?bd t eulf3 rA0M4w2ter y'IYdMlM Ends nerd Spcem C2sar!otte 4ffica: CV) 516.390?' • Rick*" OMOC., (SM 312-7902 U6 N ht- I C 0 w? ?o a c 1 c li c 0 N I ? U (n O O I O C I C ti 55 Au 0 a. v ti r Al v. . WAKE COUNTY. NOR" U U Z 'q- C; CO t0 U o ?oon °ooe . Z ^ rn 00+99 L a°m O z J a ? Q U U ? Z CL w a } U Q LI) a 3 Q 3 m U Y ? w 00+-v9 L 30 RCP w d Q= w 9 x X F-tY aU U O c0 U W aam pz II _ a °o? w 3 I p N a p Z W J DC) V _ d ? d (if 0 O z \ ' LL 00+7.9 s N ? Y L, ? W OO+Z9l IIIu' a a B ? o O O a J C 18" CP P t ? 00+09 d' U m N Z I Y I? a o a z N a r Z a U p0+09L LL W a 02 (TUE) 15 : 00 NCDENR RRO Land Quality Section Raleigh Regional Office Dgpartmcnt. of.Environment and Natural Resources 1628 Mail Service Center Raleigh, Worth Carolina 27699-1628 PLAN REVIEW COMMENTS TEL:919 571 4718 a 1q, - AW-IN -1141 1 NCDENR NmT m G,R©wmA DEPARTMENT of ENVIRONMENT AND NATURAL RESOURCES P. 003 Project Name: ggx Peakway Date Received: 11-21-2001 _ County.: Wake Date Processing Initiated: 11-21-2001 Watershed- Neuse#11-03-04-02 Reviewed By: RM New Submittal () Revised (x) Approved (x) Disapproved { ) Reasons for Disapproval( ) Modifications(x) Performance Reservations(x) (1) Based on the available information, all disturbed portions of the existing channel at the proposed 72"CW inlet and outlet, as well as any transition zones that may be constructed for this structure, must be armored with at least NCDOT class I rip-rap placed IS " thick on a suitable geotextile. This will help ensure that erosion problems are avoided. Although your assumptions about the performance of the culvert through the bankfull condition in the main channel are satisfactory, it should be noted that our law requires protection for flows higher than the bankfull condition. Performance during the required design conditions will not necessarily follow your assumptions since overbank floras will be directed into the path of the channel by the culvert rather than spread overland in the natural floodplain unless the proposed culvert spans the entire wetted floodplain for during the design storm. Regardless of DWQ approval conditions, if the requirements of our program dictate the need for dissipation measures they will be considered more restrictive and fully applicable. Further, disturbed portions of the channel must be provided with appropriate erosion protection. If these changes impact the footprint of the affected channel addressed by your 401 certificate, you may need to adjust your plans. If further design data is available to support your claim that no dissipation measures are necessary, you may provide them for our review and we wilt reduce or drop this requirement as appropriate. (?) Level spreaders must be provided at all concentrated discharges (swales, storm drain outlets) to the riparian buffers. Please detail these on the plans for our records. General Comments/Recommendations: Thanks for your cooperation. U.S. ARMY CORPS OF ENGINEERS Wilmington District Action ID: 200120714 County: Wake GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Applicant Authorized Town of Address P.O. Box 250 Apex, NC 27502 Telephone Number 919-249-3391 Agent Soil & Environmental Consultants, Inc. Attn: Wendell Overby Address PMB 291 3020-I Prosperity Church Road Charlotte, NC 28269 Telephone Number 704-720-9405 Size and Location of Property (waterbody, Highway name/number, town, etc.): The site is located between Old Raleigh Road and Center Street and is a proposed corridor for the Apex Peakway Thoroughfare, in Apex, Wake County, North Carolina. Description of Activity: This permit authorizes mechanized landclearing, excavation, the installation of culverts, and the placement of fill associated with the construction of a section of the Apex Peakway Thoroughfare. Impacts to wetlands and waters authorized by this permit are 0.11 acres, which includes 139 linear feet of an unnamed tributary to Williams Creek in the Neuse River Basin. Applicable Law: X Section 404 (Clean Water Act, 33 USC 1344) only. Section 10 (River and Harbor Act of 1899) only. Authorization: 14 Regional General Permit Number Nationwide Permit Number Any violation of the conditions of the Regional General or Nationwide Permit referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal action. This Department of the Army Regional General Permit or Nationwide Permit verification does not relieve the permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. please contact If you have any questions regarding the Corps of Engineers regulatory program, Amanda D. Jones at telephone number (919) 876 - 8441 extension 30 Regulatory Project Manager Signature. Date June 4, 2001 Expiration Date June 4 2003 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. _ -?o? WAT?9,P .? v ?? r Lp 'C Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Kerr T. Stevens Division of Water Quality June 22, 2001 DW Q# 01-0813 Wake County Town of Apex C/o Wendell Overby P.O. Box 250 Apex, NC, 27502 APPROVAL of 401 Water Quality Certification _-___Dear_Mr.. Overby: You have our approval, in accordance with the attached conditions, to place fill in 139 linear feet of an unnamed tributary to Williams Branch in order to construct the Apex Peakway Thoroughfare in Wake County, as described in your revised application received by the Division of Water Quality on June 20, 2001. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3289, which can be downloaded from our web site at http•//h2o.enr.state.nc.us/ncwetlands . This Certification allows you to use Nationwide Permit Number 14 when it is issued by the U.S. Army Corps of Engineers. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us in. writing and you may be required to send.us a new application for a new certification. 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. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required'as described.in"15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification. i.. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 1508 of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Steve Mitchell in our Raleigh Regional Office at 919-571-4700 or Cyndi Karoly in Raleigh at 919-733-9721. incerely, Stevens Attachment cc: Corps of Engineers Raleigh Regulatory Field Office Raleigh D,W Q .Regional. Office .,Central:Files File. Copy Wendell. Overby, 3020-1 Prosperity Church Road, Charlotte, NC, 28269-7197 010813 North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) State of North Carolina Department of Environment and Natural Resour p? Raleigh Regional Office D Michael F. Easley, Governor JAN 2 6 Zool William G. (Bill) Ross, Secret fe ; ?2 CDENR ORTH CAROLINA DEPARTMENT OF IRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY January 24, 2001 Mr. Sean Clark S&EC,Inc. 11010 Raven Ridge Road Raleigh, NC 27614 Subject: Neuse River Basin Riparian Buffer Rules NBRRO 01-019 Apex Peakway S&EC #00-5957 Wake County Dear Mr. Clark: On January 9, 2001, I conducted a site visit of the features involved in the above referenced project. It was determined as a result of the site visit that the channel present on the property was not subject to the Neuse River Basin: Nutrient Sensitive Waters Management Strategy; Protection and Maintenance of Existing Riparian Areas, Administrative Code T15A:02B.0233 (NCAC 0233). The ephemeral channel is indicated on the attached map. This office has assigned the reference number of NBRRO 01-019 to this project. Thank you for your attention to this matter and if this Office can be of any assistance or if you have any additional questions concerning this letter, please do not hesitate to contact me at 571-4700 ext. 237. Si erely, I- arles Brown 61--- ESpecialist cc: John Dorney, DWQ lneusbuf.let\nbr01019.let 1628 Mail Service Center, Raleigh, NC 27699-1628. Telephone (919)571-4700 FAX (919)571-4718 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-consumer paper Wetland Delineation Performed By: Soil & Environmental Consultants, Inc. 11010 Raven Ridge Road PMB 291,3020-I Prosperity Ch. Rd Raleigh, North Carolina 27614 Charlotte, North Carolina 28269 (919) 846-5900 (704) 720-9405 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) ProjecUSite: Apex Peakway Date: 12 /7/01 Applicant/Owner: Robert Gron Town of Apex County: Wake Investigator: W. Overby State: NC Do Normal Circumstances exist on the site? x Yes No Community ID: wetland Is the site significantly disturbed (Atypical Situation)? _Yes x No Transect ID: Is the area a potential Problem Area? -Yes x No Plot ID: flags 1-17 if needed, explain on reverse. VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Acer rubrum Tree FAC 9. 2. Liquidambar styraciflua Tree FAC+ 10. 3. Liriodendron tulipifera Tree FAC 11. 4. Woodwardia areolata Herb OBL 12. 5. Arundinaria gigantea Herb FACW 13. 6. Viburnum nudum Shrub FACW+ 14. 7. Ugustrum sinense Vine FAC 15. 8. 16. Percent of Dominant Species that are O BL, FACW,or FAC (excluding FAC- : 100 Remarks: HYDROLOGY -Recorded Data: Wetland Hydrology Indicators: -Stream, Lake or Tide Gauge Primary Indicators: -Aerial Photographs x Inundated -Other xSaturated in Upper 12 Inches Water Marks x No Recorded Data Available -Drift Lines -Sediment Deposits xDrainage Patterns in Wetlands Field Observations: Secondary Indicators (2 or more required): x Oxidized Root Channels in Upper 12 Inches Depth of Surface Water: 0-1 (in.) _Water-Stained Leaves -Local Soil Survey Data Depth to Free. Water in Pit: 0-10 (in.) xFAC-Neutral Test -Other (Explain in Remarks) Depth to Saturated Soil: 0-8 (in.) Remarks: Wetland Delineation Performed By: Soil & Environmental Consultants, Inc. 11010 Raven Ridge Road PMB 291,3020-1 Prosperity Ch Rd Raleigh, North Carolina 27614 Charlotte, North Carolina 28269 (919) 846-5900 (704) 322-6700 Project/Site: Apex Peakway Plot ID: wetland SOILS Map Unit Name. Drainage Class: Doorly (Series and Phase): Wehadkee Field Observations Taxonomy (Subgroup): Fluvaauentic Endoaaueots Confirm Mapped Type? x Yes _ No Profile Description: Depth Matrix Color Mottle Color Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-14 AB 2.5Y6/2 SiCL Hydric Soil Indicators: _Histosol -Concretions Histic Epipedon -High Organic Content in Surface Layer in Sandy Soils _Sulfidic Odor -Organic Streaking in Sandy Soils x Aquic Moisture Regime x Listed on Local Hydric Soils List x Reducing Conditions x Listed on National Hydric Soils List xGleyed or Low-Chroma Colors -Other (Explain in Remarks) Remarks: WETLANDS DETERMINATION Hydrophytic Vegetation Present? Wetland Hydrology Present? Hydric Soils Present? xYes _No x Yes No Is this sampling point within a wetland? x Yes No Remarks: x Yes _No qISS Wetland Delineation Performed By: Soil & Environmental Consultants, Inc. 11010 Raven Ridge Road PMB 291,3020-1 Prosperity Ch. Rd Raleigh, North Carolina 27614 Charlotte, North Carolina 28269 (919) 846-5900 (704) 720-9405 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: Apex Pea!2M Date: 1217/01 Applicant/Owner: Robert Gron - Town of Apex County: Wake Investigator: W. Overby State: NC Do Normal Circumstances exist on the site? x Yes No Community ID: mix pine hw Is the site significantly disturbed (Atypical Situation)? -Yes x No Transect ID: Is the area a potential Problem Area? Yes x No Plot ID: upland If needed, explain on reverse. VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Pinus taeda Tree FAC 9. 2. Liquidambar styraciflua Tree FAC+ 10. 3. Liriodendron tulipifera Tree FAC 11. 4. Smilax rotundifolia Vine FAC 12. 5. Juniperus virginiana Tree FACU- 13. 6. 14. 7. 15. 8. 16. Percent of Dominant Species that are OBL, FACW,or FAC (excluding FAC- : 80 Remarks: HYDROLOGY -Recorded Data: Wetland Hydrology Indicators: -Stream, Lake or Tide Gauge Primary Indicators: -Aerial Photographs -Inundated -Other -Saturated in Upper 12 Inches -Water Marks x No Recorded Data Available -Drift Lines _Sediment Deposits -Drainage Patterns in Wetlands Field Observations: Secondary Indicators (2 or more required): -Oxidized Root Channels in Upper 12 Inches Depth of Surface Water n/a (in.) -Water-Stained Leaves -Local Soil Survey Data Depth to Free Water in Pit: n/a (in.) _FAC-Neutral Test -Other (Explain in Remarks) Depth to Saturated Soil: n/a (in.) Remarks: Wetland Delineation Performed By: Soil.& Environmental Consultants, Inc. 11010 Raven Ridge Road PMB 291,3020-1 Prosperity Ch Rd Raleigh, North Carolina 27614 Charlotte, North Carolina 28269 (919) 846-5900 (704) 322-6700 Project/Site: Apex Pea!L%M Plot ID: ueland SOILS Map Unit Name Drainage Class: well (Series and Phase): Mavodan Field Observations Taxonomy (Subgroup): Topic Hapludult Confirm Mapped Type? x Yes _ No Profile Description: Depth Matrix Color Mottle Color Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-6 Ap 10YR 4/3 SL 7-12 E 2.5Y7/2 SL 13-18 Bt1 7.5YR6/8 CL 19+ Bt2 7.5YR5/8 C Hydric Soil Indicators: _Histosol -Concretions _Histic Epipedon -High Organic Content in Surface Layer i n Sandy Soils _Sutfidic Odor -Organic Streaking in Sandy Soils _Aquic Moisture Regime -Listed on Local Hydric Soils List -Reducing Conditions Listed on National Hydric Soils List _Gleyed or Low-Chroma Colors -Other (Explain in Remarks) Remarks: DETERMINATION Hydrophytic Vegetation Present? Wetland Hydrology Present? Hydric Soils Present? Remarks: x Yes No Is this sampling point within a wetland? -Yes x No -Yes x No -Yes x No Soti Sc'F? .%....2AB NORTH