19980886 Ver 1_COMPLETE FILE_19980903

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
soft
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
October 6, 1998
Wake County
WQC 401 Project #980886
APPROVAL of 401 Water Quality Certification and Neuse River Buffer Rules
Mr. Steve Davenport
Brier Creek Associates
c/o AAC Real Estate
333 Fayetteville Street
Suite 300
Raleigh, NC 27601
Dear Mr. Davenport:
You have our approval, in accordance with the attached conditions, to place fill material in 0.22 acres of wetlands or
waters for the purpose of constructing utility lines at Brier Creek project, as you described in your application dated
August 31, 1998. After reviewing your application, we have decided that this fill is covered by General Water Quality
Certification Number 3101. This Certification allows you to use Nationwide Permit Number 12 when the Corps of
Engineers issues it. This approval is also valid for the Neuse River buffer rules (15A NCAC 213 .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, 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 send us a new application. If the property is sold, the new owner must be given a copy of
this Certification and approval letter and is thereby responsible for complying with all conditions. If total 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. 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.
I
rest n Howa , Jr. P.E.
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 980886.Itr
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 Aff irmative Action Employer • 50% recycled/10% post consumer paper
11EMORANDUM ^
TO: John Dorney Regional Contact:
Non-Discharge Branch WQ Supervisor: _
Date: 0 5 9
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Brier Creek Associates County Wake
Project Number 98 0886 County2
Recvd From APP Region Raleigh
Received Date 9/3/98 Recvd By Region
Project Type utility lines
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
F 12 F_ [5-Y -@)N F -F27-33-4-1 ?- NSW 030402 0.22 (?--
F-F- O Y O N I F-F-F-F-F- I
Mitigation Wetland
MitigationType Type Acres Feet
Is Mitigation required?
Did you request more info?
Is Wetland Rating Sheet Attached?
Have Project Changes/Conditions Been Discussed With Applicant'
Recommendation:
Comments:
OY
OY
OY
?0Y
O Is
ON
ON
ON
ON
sue O Issue/Cond O Deny
rage numDer i
Central Office

Briar Creek NW 12
I met with Kevin Martin about this site. Kevin Martin explained that the site was compliant with
NW 12 general conditions and he explained to me that it is therefore compliant with NBR. I
posed the question: Forget about NW 12, is the utility line compliant with NBRs ? Kevin
explained that he was not sure, but it could be compliant.
This is my thoughts on the NBR and 401 issue:
401 Certifications address impacts to wetlands. Specifically, a NW 12 address impacts to utility
lines that impact jurisdictional wetlands.. The General Certification for NW 12 only address
impacts to wetlands and waters. The General Certification does not talk about uplands or
riparian zones that are non jurisdictional. Hence, compliance with General Conditions does not
make NBR not applicable..
The Certification issue aside, a Permit Application has to be sent to the Non-Discharge Group in
order to build a gravity sewer, force main, or lift station. The Application, Flow Allocation, and
Plans are reviewed. Thus, regardless if they are meting the 401 General Certification Conditions
they must comply with a Non-discharge permit.
I have brought up the issue (twice) of non-discharge permits being issued that violates the
NBRs (forget the 401 issue there are sewer lines that are installed that do not need a 401
Certification). (If they need a permit they are not vested or approved, and DWQ should not issue
permits that violate its own rules).
Soil & Environmental Consultants, Inc.
244 \X/est Millbrook Road ¦ Ralcigh, North Carolina 27609 ¦ [phone] ¦ Fax[phone]
August 31, 1998
US Army Corps of Engineers - Regulatory
Attn: Todd Tugwell
6508 balls of Neuse Road
Suite 120
Raleigh, NC 27615
NCDF1JNR - DWQ
Attn: John Dorney
4401 Reedy Creek Road
Raleigh, NC 27607
V
Action ID # 199820360 1 f!
Deaa° Mr. TU Iwell and Mr. Dorney:
SEP - 31998
"1'he purpose of this letter is to request a Nationwide Permit P2 fir ? j 1Mvn as
Brier Creek. The project is located near RDU Airport, NC (W kj_k . ? t ire is
shown on the attached plans and USGS Topo Quad vicinity map.
A Nationwide Permit 12 will be necessary to impact 0.22 acres (see map) of jurisdictional
waters and wetlands for the installation of utility lines.
Impacts are to intermittent and stormwater channels. According to "current" Neuse Basin
policy, utility lines are considered compliant with the Buffer Rules if they are installed so
that all conditions of NW 12 are met.
A Nationwide Permit 33 was previously issued for this project and another NW12 was
requested on 7/6/98 for a different area.
The attached plan shows proposed utility alignments. An agent authorization form is
enclosed. Notification to DWQ is not required for NW 12 but we are doing so as a
professional courtesy.
Please cell if you have questions or if you intend to perform additional site visits. Danny
Smith of DWQ and Eric Alstneyer of the Corps have previously visited the site to approve
Neuse Basin Buffer calls and our wetland delineation.
Sincerely,
Kevin C. Martin
President
Soil/Site Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Environmental Audits
On-Site Waste Trcauncnt Systems, Evaluation and Design
DWQ 11): Corps Action 11): 199820360
Nationwide Permit Requested (Provide Nationwide Permit #): _ 12
Pre-Construction Notification Application
For Nationwide Permits that Require:
1) Notification to the Corps of Engineers
2) Application for Section 40"1 Certification
3) Coordination with the NC Division of Coastal Management
Send the original and (I) copy of this completed form to the appropriate 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). PLEASE,
PRINT
1. Owner's Name: Brier Creek Assoc. c/o AAC Real Services Attn : Steve Davenport
2. Mailing Address: 333 Fayetteville Street; Suite 300
Subdivision Name: Brier Creek
City: Ralei_ h State: NC Zip Code: 27601
Project location address, including subdivision name (if different from mailing address
above): Between Hiqhway 70 & SR1644 (see vicinity map)
3) Telephone Number (Home):
(Work): [phone]
4) If applicable, agent's name or responsible corporate official, address, phone
number:
Soil & Environmental Consultants, Inc. Phone: [phone]
244 W. Millbrook Road
Raleigh NC 27609
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: RTP
Specific Location (include road numbers, landmarks, etc.):
South of Highway 70, west of 1644 & SR 1973, north of SR 1002
ee Vicinity Ma
6. Impacted or nearest stream/river: Unnamed tributares of Little Brier Creek and
Brier Creek
River Basin: Neuse
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 environmental concern (AFC)? 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 (LUP) designation?
8a. Have any Section 404 permits been previously requested for use on this property?
YES (X) NO ( ) If yes, provide Action ID number of pervious permit and
any additional information (including photocopy of 401 certification).
NW 33 for 0.017 acres of temporary impact and NW12 for 0.10 acres.
Za3 io 0
l ` ct 96
8b.
Are additional permit requests expected for this property in the future?
YES ( X ) NO ( ) If yes, describe anticipated work:
Residential & commercial development infrastructure roads, and possibly other
utilities. Planning is currently underway.
9a. Estimated total number of acres in tract of land: Roughly 1800 acres
9b. Estimated total number or acres of wetlands located on project site: 8.13 acres
wetlands ( does not include waters of the U.S.)
10a. Number of acres of wetlands impacted by the proposed project by:
Filling:
Flooding:
Drainage:
Excavation: 0.22
Other:
Total acres to be impacted: 0.22
10b. (1) Stream channel to be impacted by the proposed project (if relocated,
provide distance both before and after relocation): - see table on impact map
Length before: 280 ft After:
Width Before (based on normal high water contours):
Width After:
Average depth before:
After:
(2) Stream channel impacts will result from: (chock all that apply)
Open channel relocation: Placement of pipe in channel:
Channel Excavation: X Construction of a Dam/Flooding:
Other: Utility Crossings
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 8 1/2" x 11" drawings only):
Typical construction of utility lines, (see attached plan sheets)
13. Purpose of proposed work: Installation of utility lines to serve a residential &
commercial development
14
Stale reasons why it is believed that this activity must be carried out in wetlands
(include any measures taken to minimize wetland impacts):
Crossings are perpendicular as practical.
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 by Corps.)
16. You are required to contact the state historic preservation officer (SIIPO) (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 ( X ) 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 Environmental Policy
Act?
YES ( ) NO ( )
b. If yes, has the document been reviewed through the North Carolina
Department of Administration State Clearinghouse?
YES ( ) NO ( )
If answers 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, Raleigh, North Carolina 27603-8003,
telephone [phone].
18. The following items should be included with this application if proposed activity
involves the discharge of excavated or fill material into wetlands:
a. Welland 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. Whet is land used of surrounding property? Undeveloped or residential &
commercial
f. If applicable, what is proposed method of sewage disposal?
Munici
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 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.
Owner's /Agent's Signature
d 7
Date
(Agent's signature valid only if
Agent Authorization Letter from
the owner is provided (18 g.))
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MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WO Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Brier Creek Associates County Wake
Project Number 98 0886 County2
Recvd From APP Region Raleigh
Received Date 9/3/98 Recvd By Region
Project Type utility lines
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
12 r O Y O N 1 27-33-4-1 r C NSW 030402 0.22 F-
Mitigation Wetland
MitigationType Type Acres Feet
I F- r F_
Is Mitigation required?
Did you request more info?
Is Wetland Rating Sheet Attached?
Have Project Changes/Conditions Been Discussed With Applicant'
Comments: Recommendation:
0Y
0Y
0Y
!OY
O Is
ON
ON
ON
ON
sue O Issue/Cond O Deny
cc: Regional Office
Central Office Page Number 1
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WO Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Public Works Commission-Operations Complex County Cumberland
Project Number 98 0884 County2
Recvd From APP Region Fayetteville
Received Date 9/3/98 Recvd By Region
Project Type road crossing
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
14 HWF W770 N 18-(26) ??- 030615 0.05
26 F_ Y, O.N.r??r-F-- F- F-- F-
Mitigation Wetland
MitigationType Type Acres Feet
Is Mitigation required?
Did you request more info?
Is Wetland Rating Sheet Attached?
Have Project Changes/Conditions Been Discussed With Applicant'
Comments: Recommendation:
OY
OY
OY
tOY
O Is
OON
ON
ON
ON
sue O Issue/Cond O Deny
cc: Regional Office
Central Office Page Number 1