19980013 Ver 1_COMPLETE FILE_19980105

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
D E N R
January 26, 1998
Wake County
WQC 401 Project # 980013
APPROVAL of 401 Water Quality Certification
Mr. Steve Davenport
AAC Real Estate Services
333 Fayetteville Street
Suite 300
Raleigh NC 27601
Dear Mr. Davenport:
You have our approval, in accordance with the attached conditions, to place temporary fill in 0.017 acres of
wetlands or waters for the purpose constructing the Brier Creek CP&L Power Line Realignment, as you described in your
application dated December 23, 1998. After reviewing your application, we have decided that this fill is covered by
General Water Quality Certification Number 3114. This Certification allows you to use Nationwide Permit Number 33
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. Also 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. 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 21-1.0506
(h). For this approval to be valid, you must follow the conditions listed in the attached certification.
If } ou 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. 276 1 1-7447. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you
have any questions, please telephone John Dorney at 919-733-1786.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
Mr. John Domey
Central Files
Kevin Martin; S & E C
Sincerely,
re on Howard, ?JrP.E.
980013.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # 733-
9959
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
(FROM RALEIGH REGULATORY 01.05.1998 12:25 P.01
401 ISSvEp 9 P
00 01 3
PRE-7)ItiCHAK(,k; NOTIFICA1<ION (PDN.)
"TO: National Marine Fisheries Sen,lce .
Pivers [gland, NC
FAX. [phone]
US Dish & Wildlife Service
Raleigh, NC
FAX [phone]
US Irish & Wildlife Service
Asheville, NC
FAX [phone]
State Historic Preservation
Office
Raleigh, NC
IP AX [phone]
I. ACTION ID:
2. APPLICANT: j.?e UDC'.
3. DATE OF TRANSMITTAL: f5 q9
4. RESPONSE DEADLINE, (5 days from transmittal):
5. COMMENT DEADLINE (10 days from response deadline):
6. SENT) COMMENTS TO RALEIGH RF,GULATORY FIRLD OFFICE
CORPS OF FNGINFFRS:
ATTN: AJrl
1'eAX# (919) 876--5823
We are also forwarding the attached PCN to the Fish and Wildlife Service and the National
Marine Fisheries Service for review and comment concerning any likely affect to any
threatened or endangered species or, their critical habitat within those agencies'
Jurisdiction.
FROM RALEIGH REGULATORY
01.05.1998 12:25
it -
P.02
Soil & iEnvironmental consuttants, inc.
244 West Millbrook Rcad a Raleigli, Noah C.am lira 2.7609 a [phone] ¦ rax (919) 846-94.67
December 23,1997
US Army Corps of Engineers -'Regulatory NCDPHNR - DWQ
Attn: Ms. Eric Alsmeye.r . Attn: John Dorney
6508 Falls of the Neuse ]load 4401 Reedy Creels Road
Suite 120 Raleigh, NC 27607
Raleigh, NC 27615
Dear Mr. A.lsmeyer & Mr. Dorney:
The purpose of this letter is to request a Nationwide Permit 33 for the project. known as
Brier Creek CP&-L Power Line Realignment. The project is located near RDU Airport,
NC (Wake County). The site is shown on the attached plans and USGS Topo Quad
vicinity map.
A Nationwide Permit, 33 will be necessary to tetrporarily impact 0.017 acres (see trap)
Qf jurisdictional waters and wetlands above headwaters for the realignment of a CP&L
power line. Impacts will be associated with temporary access roads. No tower's will be
in jurisdictional areas.
Temporary wetland impacts are to intermittent and stormwater channels. Clearing of
the right-of-way should not require a 401 or 404 permit. Such clearing also should be
consistent with the Neuse Basin Buffer Ru.l,es.
See the attached letter from the project owner describing the need for the realignment.
The attached plan shows both the existing and proposed alignment. An agent ;
authorization form is enclosed.
please call if you have questions or if you int6nd to perform additional site visits.
Danny Smith of DWQ and Eric Alsmeyer of the Corps. have previously visited the site.
soivsite ;"valut?4 N Mapping and Physical Analysis 0 Wed-Ands Mapping and Mitigation N tnvironrnen'tal; At
on-Site waste'I'reatment Systems, Evaluation and Desi ri
FROM RALEIGH REGULATORY 01.05.1998 12:26 P.03
DWQ 1D: Corps Action ID:
Nationwide Permit Requested (Provide Nationwide Permit #): - 3?
Pre-Construction Notification Application
For Nationwide Permits that Require:
1) Notification to the 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 form to the apprvp.riate field office of
the Corps of Engineers (see agency addresses sheet). Seven (7) copies should be sent to
the NC Division of Environmental Management (see agency addresses sheet). PLE,ASR
PRINT.
c?Q AAC Real Esteke Services Attn' Steve DaveLpQrt
1. Owner's Name;
2. Mailing Address: 333 Fayetteville Street- Suite 300
Subdivision Naive: Brier Cron
City; Releigh__State: NC Zip Code: _ 276_Q1____
Project location address, including subdivision name (if different from mailing address
above); Between Highway 70 & SR1644?see vicinity map)
3) Telephone Numl:%er (klonie)- - (Work): 9.19-821-2700
4) if applicable, agent's name or responsible corporate official, address, plione
number:
Soil & Environmental QansQ1tants log, Phone: [phone]
244 W Millbrggl Road ----------- -- w: 1. T-
609
5. Location of work (provide a map, preferable a copy of USGS topographic map or
aerial photograph with scale):
County: Wake Nearest town or city:. RTE-
'FROM RALEIGH REGULATORY 01.05.1998 12126 P.04
Specific Location (include road numbers, landmarks, etc.):
South of Highway 70 west of 1644 & ZB 1973 north of SR J Q2
See Vidnity_Map --
6. Impacted or nearest stream/river: Little Brier Creek
River Basin: Neuso
7a. Is project located near water classified as trout, tidal saltwater (SA), high quality
waters (HQW), outstanding resource waters (ORW), water supply (WS-I or WS-
II)? YES ( ) NO (X) If yes, explain:
7b. If the project is located within a North Carolina division of coastal management
area of environnimi.tal concern (ACC)? YES ( ) NO (X)
7c
If the project is located within a coastal county (see page 7 for list of coastal
counties), what is the land use plan (Lbl'P) designation?
Sa. have any Section 444 permits been previously requested for use on this property?
YES ( ) NO (X) If yes, provide Action ID number of pervious permit and
any additional information (including photocopy of 401 certification.).
To our knowled-ge
$b. Are additional permit requests expected for this property in the future?
YES (X) NO ( ) If yes, describe anticipated work:
Residential eom erciol development infr r t e jQpcla. utiliti
planning is currently ur derway
9a. Estimated total number of acres in. tract of land: Roughly 1500 acres
9b. Estimated total number or acres of wetlands located on project site:
_-Unknown
FROM RALEIGH REGULATORY 01.05.1998 12:27 P.05
10a. Number of acres of wetlands impacted by the proposed project by:
Pilling:
Flooding:
Drainage:
Other;
Total, acres to be impacted: 0.017
10b. (1) Stream channel, to be impacted by the proposed project- (if relocated,
provide distance both before and after relocation):
Length before: 150 ft After: 150 ft
Width Before (based on normal high water contours):
ft
Width. After: ft
Average depth before- -- -- -- -----------------------____-_ft After: ft
(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 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 81/2" x 11" drawingF only):
0.017 aC (5 crossings. 30' wide) Excavation:
1YRic al construction of a large aerial CP&L power transmission line. _
FROM RALEIGH REGULATORY 01.05.1998 12:27 P.06
13. Purpose of proposed work: Realignment of existing power line see attached
letter from AAC
'14. State reasons why it is believed that this activity must be carried out in wetlands
(include any measures taken to minimize wetland impacts):
See attached letter from AAC
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or
National Marine Fisheries Service (NMFS) (see agency addresses sheet) regarding
the presence of any federally listed or proposed. for listing endangered or
threatened species or critical habitat in the permit area that may be affected by the
proposed project. Date contacted: (attach responses from these agencies).
NA (performed_p Cor s- --
1G. You are required to contact the state historic preservation officer (SHPO) (see
agency address sheet) regarding the presence of historic properties in the permit
area which may be affected by the proposed project. Date contacted:
NA (performed by Corps.) _
17. Does the project involve an expenditure of public funds or the use of public (state)
land?
YES ( ) NO If no, go to 18.
a. If yes, does the project require preparation of an environmental document
pursuant to the requirements of the North Carolina Enviralunental Policy
Act?
YES ( ) NO ( )
b. If yes, has the document been reviewed through the North Carolina
Department of Adininisb-ation State Cloari.nghouse?
YES ( ) NO ( )
If answers to 17b is YES, then submit appropriate documentation from the state
r1paringhousp 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 Deparbuent of
FROM RALEIGH REGULATORY 01.05.1998 12127 P.07
Administration, 116 West )ones Street, Raleigh, North Carolina 27603-8003,
telephone [phone].
1.8. 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 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 used of surrounding property?
Undeveloped or residential & commercial
f. It applicable, what is proposed method of sewage disposal?
NA -
g. Signed, and dated agent authorization letter, if applicable.
NOTE: Wetlands or Waters of the U.$, 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 Environmental
Management (Water Quality) certification, and
3. (in the twenty coastal counties only) A letter from the North Carolina
Division of Coastal Management stating the proposed activity is consistent
with the North Carolina Coastal Management program.
Ownells g?rxtt! Signature
\Z? 3 ICE
Date
(Agent's signature valid only if
Agent Authorization Letter from
the owner is provided (18 g.))
FROM RALEIGH REGULATORY
01.05. 1998 12128 P.08
SCALE 1:24 000 1 MILE
1000 0 loco 2000 3000 4000 5000 6000 7000 FEET
* 1 5 0 1 KILOMETER
f,I H
°H CONTOUR INTERVAL 10 FEET
NATIONAL GEODETIC VERTICAL DATUM OF 1929
1 47MILS l'l7'
77 MIL SOUTHEAST DURHAM, N.
NIV4 DURHAM SOUTH IS' OVAORANO1.E
35078•H7•TF-024
U1M GRID AMC 1967 MAGNETIC NORTH FIGURE 2• TOPOGRAPHIC FEATURES OF 1973
DECLINATION AT CENTER OF SHEET SUBJECT PROPERTY PHOTOREVISED 1987
DMA 52GG IV Ns-SERIEG V042
FROM RALEIGH REGULATORY 01.05.1998 12,28 P.09
SOLI $ tivironmerdal Consultants, Inca
1'+44 West mdlbmk K014llRdc10, NoethfiWla 276"(919) 846.59005 pix [phone]
'"'Hoa?A'ndN`?aaM
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project NametDas 1a"Olo^ n:
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The Oeportrllent of the Army.
U.S, Amity Corps of enatnaehl.
Wilmingtion blstrtd
PO Box 1690 '
V?l iminotvn, NC 264Q2
Attn: .___?(?
Field Orrice:
:
Re-. Wetlands ROAM Conli*V ve mittinp
'to Whom It May OQ(MM:
1, the current Zgj%a vwttpr ilnei?0 kd WAilltfte soil and ltnvlronmenta?t
Ccntvltonts, tno.10 act in;ry-Oshff -*. IMy 1t?j?,, In VA sNrq of Perth appllcallans, to
lumish upon requa9t 1aetA+r?la a41on au of applloetions, eto, fMm this day
iolward. ThIsthe ,.dN Ot k7
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rnis notlflcatt?otnsuverses6a+a:Ony 01490A cArroaponde* on the spent for t1N9 project.
AAA. a a? ? sus ;w ? ?S?t?
PEtInA Ownero Name: rob eft OvVrtigrs 31QhsiUre'
cc: Mr, John 09may
NCl;PeH&NR • IlM r'
Water Quality P
4401 Reedy Credo
Katetph, He 2700'
rc: Mr. Kevin Martin
mal C.a IlAnts. inc.
Soll end Envlfo to:
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Vn•5tk' w.yetr??itmcrt gysteni;. F? -'•?•?ta,n ,tract 17aa1gn
. 12119/1997 10:46 9198469467 tilt GZ
FROM RALEIGH REGULATORY 01.05.1998 12129 P.10
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Deeember 23, 1997
U.S. Army Cores of 1~nglnoers
N.C. Division of WaterQuality
010 itevin Marlin
Soil & Environmental Consultants, Inc.
244 West Mlllbrook Road
Raleigh, North Carolina 21609
Re: Brier Creek - CP&L Transmission tine Relocation
AAC Real Estate Services, Inc., as development agent for 13der Greek
Associates, owner of the approximatety t ,$Qo acres generally known as the "Airport
Assemblage", has submllled permit applicatlons to relocate an existing Cpe1t
traosmIssion line. The existing lint bi3e0t3 proportY dooignated for residential
development, Relocation of the line to the proposed right of way has two major benefits.
It will remove a substantial hazard and disruptive agent from the interior of the residential
community, and it will create a significant buffer between a more cohesive community
and the proposed AVlation FWKway.
Thank you for this opportunity to describe why this tronsmission line needs to be
moved. If you have any questions or need further information, please call.
Very lruty yours.
AAC REAL ESTATE SERVICES) INC.
tave Davenport
Senior Vice President
Cc: Paul Herndon
Tom AAderson
FROM RALEIGH REGULATORY 01.95.1998 12:29 P.11
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