19970474 Ver 1_COMPLETE FILE_19970708

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
Ag 4 7jL*AJ
ID F= F=1
July 29, 1997
Wake County
DWQ Project # 970474
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Leonard Aurand
921 Trailwood Drive
Raleigh, NC 27606
Dear Mr. Aurand:
You have our approval, in accordance with the attached conditions and those listed below, to fill in
0.10 acres of wetlands or waters for the purpose of lot fill at Avent Ferry Road, as you described in
your application dated 8 July 1997. After reviewing your application, we have decided that this fill is
covered by General Water Quality Certification Number 3106. This certification allows you to use
Nationwide Permit Number 18 when it is issued by the Corps of Engineers. In addition, you should get
any other federal, state or local permits before you go ahead with your project including (but not limited
to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed
regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless
otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application except
as modified below. If you change your project, you must notify us and you may be required to send us
a new application. If total wetland fills for this project (now or in the future) exceed one acre,
compensatory mitigation may be required as described in 15A NCAC 211.0506 (h) (6) and (7). For this
approval to be valid, you must follow the conditions listed in the attached certification and any additional
conditions listed below. Deed restrictions, conservation easements or similar mechanisms shall be
placed in all lots with remaining jurisdictional wetlands and waters to prevent future fill. These
mechanisms shall be put in place within 30 days of the date of this letter.
L1`
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send]
a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office
of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its -
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone John Domey at 919-733-1786.
r r. .E.
Pee n owa
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
Mr. John Domey
Central Files
970474.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
DEM ID: CORPS ACTION ID: R91700 Qo y
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT 4): O
PRE--CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTITICATION TO T= CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED rOP-M SO TRZ APP aDFtlt?^E
gImTn OFFICE OF THE CORPS 09 ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
/ i UrCI/?l?1A1?0
1. OWNERS NAME:
2. MAILING ADDRESS: PAR,
SUBDIVISION NAME:
CITY: STATE: /U G
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME
MAILING ADDRESS ABOVE):
3. TELEPHONE NUMBER (HOMM): 96 El-4 7Y (WORK)
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: W,gkF NEAREST TOWN OR CITY: IZI?L- IL
26
ZIP CODE: Z_ 1 6D 6
(IF DIFFERENT FROM
1
FROM RALEIGH REGULATORY 06.30.1997 16:31 P.03 ?•
C' SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC. j : SOuT!-1?5? ?ll?(Jjf2 O? ele,11 Lry
,?4a,c? 6ll1d ?r /u?oarl /??rsec?iU? 1 1.7f le, lualew a?- Z yo
?;r?1 ???rr?ia?YY LcIA? ? Nac?r? G?'zc??tiA.
6. IMPACTED OR NEAREST STREAM/RIVER: 6f), bilo (2'?ar r
RIVER BASIN: NJ'owse.
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER
SUPPLY (WS-1 OR WS-II)7 YES (J NO J q IF YES, EXPLAIN:
7b. Is THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC) ? YES ( ] 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?
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES [ ] NO bl 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
FUTURE? YES [ ] NO [ ) IF YES, DESCRIBE ANTICIPATED WORK:
Rs S?_1BLy? if yam„ +1 me SddtJ'
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9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 5 R CA- ?
9b: ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
1,`a 4cltE';?
2
10a. NUMBER OF ACRES OF WETLANDS-IMPACTED BY THE PROPOSED PROJECT BY:
FXLLING: EXCAVATION:
FLOODING: OTHER:
DRAINAGE: TOTAL ACRES TO BE IMPACTED: D •?
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PP0VXDX DISTANCE -b0TH BEFORE AND AFTER RELOCATION)
LENGTH BEFORE: FT AFTER: FT
WIDTH BEFORE (based on.normal high water contours): FT
WIDTH AFTER: FT
AVERAGE DEPTH BEFORE: FT AFTER: H"P
(2)'STRE CHANNEL IMPACTS WILL RESULT PROM: (CHECK ALL THAT APPLY)
OPEN CHAk?NEL RELOCATION: PLACEMENT OF PIPE XN CHANNEL:
CHANNEL EXCAVATION: CONSTRUCTION OF A. DAM/FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND YS PROPOSED, WHAT TS THE SIZE OF THE
WATERSHED DRAINING TO THE POND?
WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS
ONLY) GlcnN -Pi (I n,e cu scHtNQ aru "(n JA ',LL-"-1 '7'r, FJuS?
13. PURPOSE OF PROPOSED w0m; "tla IAv CR e a S e L
1 i
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3
FROM RALEIGH REGULATORY 06.30.1997 16:32 P.05
19. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINI!-11ZE WETLAND
IMPACTS) :
This area in question has been made 'Wetlands" by the action of silting from construction activities tip
stream {Bushy Branch), and by the establishment of a dam by an active beaver colony. Until recently the'S
arcs drained into Walnut Crock and thence into Lake Raleigh. It is above the head wall of Lake Raleigh.The
recent development of them 'Wetlands" is manifested by the number of large trees that have died in the area
in question. Water flow over the beaver dam is of good velocity, and when the dam is broken the area (sa-
called "Wetlands") drains effectively.
15. YOU-AE REQUIRED TO CONTACT TIjE CISIi AND WILDLIFE SERVICE ?J
(USFWS) AND ATIONAL MARINE RTES SERVICE (NMFS) (SEE AGENCY
ADDRESSES SHEET) EGARDING T RESENCE OF ANY FEDERALLY LISTED OR
PROPOSED FOR LISTI N RED OR THREATENED SPECIES OR CRITICAL HABITAT
IN THE PERMIT AREA TH E AFFECTED BY THE PROPOSED PROJECT. DATE
CONTACTED: (ATTACH RESPONSES
FROM THESE AGEN aS.)
16. YOU AR ACT THE ST_AT-E
(SHPO) (SEE AGENCY _ ADDRESSES. SH_EF `?"rtlSARD
PROPERTIES.-BI-7-IE PERRMI WHICH MAY BE
PROJECT . DATES'Ai?PA'CTED _ -
TORTC -RTiSERVAT?ON_OFFICER 1110 r
.
THE PRESENCE OF HISTORIC - r.. ,15
ECS9D-Z-Y THE-PROPOSED
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES [ ] NO Ix (IF NO, GO TO 18)
a. IF YE5, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL,
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL
POLICY ACT?
YES [ J NO [ ]
b. IF YES, HI'S THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [ ] NO [ ]
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALFTGH,
NORTH CAROLINA 27603-8003, TELEPHONE (919) 73?-6369-
4
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18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL
INTO WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES
AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26,
29, AND 38-). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY
KIST 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?
r, '?-$ ?P'1???11? C'dw. 1?11L 1 t1 T` N.2y u'? t- 1'eS', .1 ,
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO;
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF
ENVIRONt?ENTAL "-ANAGEMElsT (WATER QUALITY) CERTIFICATION, AND
3) (ZN THE TWENTY COASTAL COUNTTES ONLY), A LETTER FROM THE
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM.
za?_-
OWNER'S/AGENT'S SIGNATURE
-?' q7
DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
er"r't
5
FROM RALEIGH REGULATORY 06.30.1997 16:32 P.07
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FROM RALEIGH REGULATORY
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