19981263 Ver 1_COMPLETE FILE_19990129

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
1 0• 2
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
February 1, 1999
Wake County
DWQ Project # 981263
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS and Neuse River Buffer
Rules
Mr. Tim Bailey
Town of Cary
PO Box 8005
Cary, NC 27512
Dear Mr. Bailey:
You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 0.16 acres
of wetlands or waters for the purpose of constructing the Middle Creek sewer line for Town of Cary, as you described in your
application dated December 29, 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 2B .033). 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 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) (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.
1. Applicant is reminded that anti-seep collars are required to be installed at 150 feet intervals when the sewer
line passes through wetlands.
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.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
John Domey
Central Files
Kevin Martin; S & E C
Howar , Jr. P.E.
ponn
981263.1tr
Division of Water Quality • Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
MEMO r
TO:
S114BJE XCiT
DUM
John Dorney
Non-Discharge Branch
WETLAND STAFF REPORT AND RECOMMENDATIONS
Regional Contact:
WQ Supervisor:
Date:
Facility Name Town of Cary Middle Creek Sewer Project County Wake
Project Number 98 1263 County2
Recvd From APP Region Raleigh
Received Date 12/29/98 Recvd By Region
Project Type sewer line
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim_ Senn Rcn 0--
--rr- -111 . -I. I Icy.
12 FTWF O Y O N F_- 2?7-43-15-( F-
C NSW x30403 6.16 F-
IVBR (?- O Y Orr ?-?-?--?--?---I----(-- ?-
Mitigation Wetland
MitigationType Type Acres Feet
Is Mitigation required? Q Y Q N
Did you request more info? Q Y Q N
Is Wetland Rating Sheet Attached? O Y O N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y Q N
Comments: Recommendation: Q Issue ?8?ssue/(;;d Q Deny
Town of Cary Middle Creek Sewer Project.
p
Application states that the installation of a gravity will be in an "existin cleared fo
main easement by typical methods". Accordin i . t Q rce
With both NBR and NW 12 general condition owever, aftererevieouid stay complaint
site plan I recommend the explicit requirem nt of anti seep collars, the proposed

98IF?

DWQ ID:
Corps Action ID:
Permit Requested (Provide Nationwide Permit #):
2-(+12
0-0r% '?r* re-Construction Notification Application
FA ati Permits that Require:
1 tification to the Corps of Engineers
pplication for Section 401 Certification
Coordination with the NC Division of Coastal Management
the original and (1) copy of this completed form to the appropriate field office of
e 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. Owners Name: Town of Cary, Attn: Tim Bailey, Director of Engineering
2. Mailing Address: PO Box 8005
Subdivision Name:
City: Cary State: NC Zip Code: 27512
Project location address, including subdivision name (if different from mailing address
above): See vicinity Map and USGS
3) Telephone Number (Home):
(Work): [phone]
244 West Millbrook Road
Fax: [phone]
Raleigh, NC 27609
4) If applicable, agent's name or responsible corporate official, address, phone
number:
Soil & Environmental Consultants, Inc. Phone: [phone]
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: Cary
Specific Location (include road numbers, landmarks, etc.):
Between Kildaire Farm Road (SR 1300) and Stephenson Road (SR 1302)
See attached USGS
6. Impacted or nearest stream/ river: Unnamed tributary of Middle Creek
River Basin: Neese
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 N If yes, explain:
7b. If the project is located within a North Carolina division of coastal management
area of environmental concern (AEC)? YES ? NO N
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 N If yes, provide Action ID number of pervious permit and
any additional information (including photocopy of 401 certification).
8b. Are additional permit requests expected for this property in the future?
YES '? NO N If yes, describe anticipated work:
9a. Estimated total number of acres in tract of land: N/A within easement 1.2 acres
9b
Estimated total number or acres of wetlands located on project site:
unknown
but within easement 0.16
10a. Number of acres of wetlands impacted by the proposed project by:
Filling:
Flooding:
Drainage:
Excavation: 0.13
Other: 0.03 reestablish channel
Total acres to be impacted: 0.16
10b. (1) Stream channel to be impacted by the proposed project (if relocated,
provide distance both before and after relocation):
Length before: 0
After: 30'
Width Before (based on normal high water contours):
Width After:
Average depth before:
(2) Stream channel impacts will result from: (check all that apply) NA
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? NA
What is the expected pond surface area? NA
12. Description of proposed work including discussion of type of mechanical
equipment to be used (attach plans 81/2" x 11" drawings only):
Installation of a gravity sewer line in an existing cleared force main easement
After:
by typical methods.
13. Purpose of proposed work: To serve a residential subdivision
14. State reasons why it is believed that this activity must be carried out in wetlands
(include any measures taken to minimize'wetland impacts): Sewer must connect
to an existing pump station. Following existing cleared easement is least
damaging.
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).
Performed by Corps
16. 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:
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 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. 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? Residential or undeveloped
If applicable, what is proposed method of sewage disposal? Municipal
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.
6A?? IZ'28-99
Owner's/Agent's Sign #ure Date
(Agent's signature valid only if Agent Authorization Letter from the owner is provided
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FROM RALEIGH REGULATORY 01.08.1999 17:40 P•22
PRE-DISCHARGE NOTIFICATION PCN
TO: National Marine Fisheries Service
P,ivers Island, NC Fax [phone]
US Fish & Wildlife Service
Raleigh, NC FAX [phone]
State Historic Preservation Office
Raleigh, NC FAR [phone]
NC Division of Water Quality
Raleigh, NC FAX [phone]D
NC Wildlife Resources Commission
Creedmoor, NC rAX (919)528-9B39
1. ACTION ID: 199920294/199920295
2. APPLICANT: Town Of Cary
3. DATE OF TRANSMITTAL: 01/11/98
4. RESPONSE DEADLINE(5 days from transmittal): 1/15/99
5. COMMENT DEADLINE(10 days from response deadline): 1/25/99
6. SEND COMMENTS TO: RALEIGH REGULATORY FIELD OFFICE
RALEIGH, NC
AT'IN : Todd TUgwOll
PAX: [phone]
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.

Soil. r& Environmental Consultants, Inc.
244 West Millbrook Road ¦ Raleigh, North Carolina 27" ¦ (919) 846-59M 0 Fax [phone]
US Army Corps of Engineers
Attn.. Mr. Todd Tu.gwell
6508 Falls of Neuse Road, Suite 120
Raleigh, NC 27615
Re: Request for Nationwide Permit 12 and 26
Dear Mr. Tugwvell & Mr. Dorney:
December 23,1998
job #4215
NCDEH&NR - DWQ .
Attn: John Dorney
9:401 Reedy Creek Road
Raleigh, NC 27607
The purpose of this letter is to request the authorization of Nationwide Permit 26 for 0.03
acres and Nationwide Permit 12 for 0.13 acres. The project is located in Wake County
east of Stephenson Road, west of Kildaire Farm Road in. Raleigh, NC (see Site Vicinity
Mai). I previously net on site to review the area with Danny 5xn.itlz of DWQ.
All NW 12 impacts except the one shown on Figure 4 will result from the excavation of
juilsdictional waters for utilities within an existing cleared easement to Serve a residential
development (see Site Plan . NW 26 impacts will be required in order to redirect flow
into an existing channel. Currently the intermittent stream discharges into the existing
easement and the channel disappears (see Figure 3). The original channel reappears about
30' away. Apparently the c1,annel was blocked/ disturbed during construction to the
original force main,. No forest vegetation will be removed in order to accomplish the NW
26 impacts.
Please Contact us if you have any questions or if you would like to schedule another site
meeting. Our current understanding is that notification to DWQ for a 401 or coFnpliance
with the Meuse Basin Buffer is not required if all conditions of Nationwide Permit 12 are
followed. NW 12 conditions will be met at all other locations on the project except at the
NW 26 impact.
Sincerely,
Kevin C. Martin
President
KCM/edk
SoiVSite Rvaluauor% ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Env- Wpglal n Audits
On-Site Waste Treatment Systems, Evaluation and Design
FROM RALEIGH REGULATORY 01.08.1999 17:41 P•23
FROM RALEIGH REGULATORY
DWQ ID:
01.08.1999 17:41
Corps Action ID,
Nationwide Permit Requested (Provide Nationwide Permit #): / (0 -q- i_
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 ManagemeTit
P.24
Send the original and (1) 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 Dame: Town of Cary, Attn: Tim Bailey, Director of Engineering
2. Mailing Address: Pa Box 8005
Subdivision Name:
City: Carte, State: NC Zip Cade: 27512
project location address, including subdivision name of different front mailing address
above): See vicin' a a d USCS
3)
Telephone Number Morne): ('Work): [phone]
4) if applicable, agents name or responsible corporate official, address, phone
number:
Soil & Environmental Consultants, Inc. Phone: [phone]
244 West Millbrook Road Fax: [phone]
Raleigh, NC 27609
5_ Location of work (provide a map, preferable a copy of TJSGS topographic map or
aerial photograph with scale):
County: Wake Nearest town or city. Cary
FROM RALEIGH REGULATORY 01.08.1999 17:41 P•25
Specific Location (include road numbers, landmarks, etc.):
Between Kildaire Farm Road (SR 1300) and Stephenson Road (SR 1302)
See attached USGS
6. Impacted or nearest stream/river: Unnamed..tributarkof Middle Ct?ek
7a.
'Cover Basin:
hs 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)? YES Q NO ® if yes, explain:
7b_ If the project is located within a North Carolina division of coastal management
area of environmental concern (AEC)? YES n NO
7c.
Sb.
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?
Sa. Have any Section 404 pen.-nits been previously requested for use on this property?
yEs (] Nth 0 If yes, provide Action TD number of pervious permit and
any additional information (including photocopy of 401 certification).
Are additional permit requests expected for this property in the future?
yF,, [] NQ g if yes, describe anticipated work:
9a. Estimated total number of acres in tract of land: N/A within easement 1.2 acres
9b. Estimated total number or acres of wetlands located on project site: unknown
but within easement 0.16
FROM RALEIGH REGULATORY 01.08.1999 17:42 P.26
1Qgi. Number of acres of wetlands impacted by the proposed project by:
Filling:
Flooding:
Drainage:
Excavation: 0.13
Other: 0.03 reestablish channel
Total acres to be impacted: 0.16
10b. (1) Stre.anvchaunel to be impacted by the proposed project (if relocated,
provide distance bath before and after relocation):
Length before: 0
Width Before (based on normal high water contours):
Width After:
Average depth before:
After:
(2) Stream channel impacts will result from. (check all that apply) NA
Open channel relocation: ? Placement of pile in charnel: ?
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? NA
What is the expected pond surface area?
12. Description of proposed work including discussion of type of mechamical
equipment to be usod (attach plans 81/2" x 71" drawings only):
Installation of a gravity sewer line in an existing cleared force main easement
by typical methods.
After: 30'
FROM RALEIGH REGULATORY 01.08.1999 17:42 P•27
13. Purpose of proposed work: To serve residential subdivision
14. State reasons why it is believed that this activity must be carried out in wetlands
(include any measures taken to minimize wetland impacts): Sewer must connect
to an existing puattp station. Following existing cleared easement is least
damaging.
15. You are required ! 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 perinit area that may be affected by the
proposed project. Bate contacted: (attach responses from these agencier.).
Performed b Cor s
16. You are required', to contact the state historic preservation officer (SHFO) (see
agency address skeet) regarding the presence of historic properties in the permit
area which may be affected by the proposed project. Tate contacted:
oo.fnrmntJby rnrns
17. Does the project involve an expenditure of public funds or the use of public (state)
land?
YPS ® NO ? If no, go to 18.
a_ If yes, does the project require preparation of an environmental document
pursuant E0 the requirements of the North Carolina Environmental Policy
Act? I
YES ? No
b. if yes, has ?be document been reviewed through the North Carolina
Departme 't of Administration State Clearinghouse?
YES \ ? NO ?
If answers to 17? is YES, then submit appropriate documentation from the state
clearinghouse t? division of environmental management regarding compliance
with the North Parolina Environmental Policy Act.
FROM RALEIGH REGULATORY 1 01.08.1999 17:42 P.28
Questions regarding the State Clearinghouse review process should be directed to
Ms. Chrys Baggett, Director Slate ClearinghnusP, North Carolina Department of
Administration, 116 West Jones Street, Raleigh, North Carolina 27603-8003,
tolophone [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. 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 finch equals 50 feet or Y inch equals 100 feet or
their equivalent
b. If available, representative photograph of wetlands to be impacted by project.
C- If delineation was perfon-ned 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? Residential of undeveloped
f. If applicable, what is proposed, method of sewage disposal? Municipal
Z, 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.
r
Owner's/.Agent's Sign re Date
(Agent's signature valid only if Agent Authorization Letter from the owner is provided
(18 S-))