19990486 Ver 1_COMPLETE FILE_19990517

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
AM% Now
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
July 29, 1999
Wake County
DWQ Project # 990486
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS, WRP
Forrest Ball
Hartwell Realty
1027 Highway 70 West
Garner N.C. 27529
Dear Mr. Ball:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
material in an additional 0.45 of waters for the purpose of constructing lots 2 and 3 at I-40 East Industrial Park in
Wake County, as you described in your application dated May 17, 1999. After reviewing your application, we have
decided that this fill is covered by General Water Quality Certification Number 3108. This certification allows you
to use Nationwide Permit Number 26 when the Corps of Engineers issues it. 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 for a new certification. 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 and
any additional conditions listed below.
1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas
within 50 feet of all streams and ponds to notify the state in order to assure compliance for future wetland and/or water impact.
These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is
later).
2. An additional condition is that a final, written storm plan including a wet detention basin must be
approved by DWQ before wetland (or stream) impacts occur. Also before any building is occupied at
the subject site the stormwater treatment facilities shall be constructed and operational and the
stormwater management plan be implemented.
We understand that you have chosen to contribute to the Wetland Restoration Program in order to compensate
for these impacts to wetlands and/or streams. In accordance with 15A NCAC 2R .0402, this contribution will
satisfy our compensatory mitigation requirements under 15A NCAC 2H .0506(h). According to 15A NCAC 2H
.0506(h), feet of restoration will be required. Until the Wetland Restoration Program receives and clears your check
(made payable to: DEHNR - Wetland Restoration Program), wetland or stream fill shall not occur. Mr. Ron Ferrell
should be contacted at 919-733-5083 ext. 358 if you have any questions concerning the Wetland Restoration
Program. You have one month from the date of this Certification to make this payment. For accounting purposes,
this Certification authorizes the fill of an additional 0.45 acres of riparian wetlands and 030402 river and
subbasin and 0.45 acres are required. Please be aware that the Wetland Restoration Program (WRP) rules
require rounding of acreage amounts to one-quarter acre increments (15A 2R.0503(b)).
Division of Water Quality • Environmental Sciences Branch
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
x.
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
July 29, 1999
Wake County
DWQ Project # 990486
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS, WRP
Forrest Ball
Hartwell Realty
1027 Highway 70 West
Garner N.C. 27529
Dear Mr. Ball:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
material in an additional 0.45 of waters for the purpose of constructing lots 2 and 3 at I-40 East Industrial Park in
Wake County, as you described in your application dated May 17, 1999. After reviewing your application, we have
decided that this fill is covered by General Water Quality Certification Number 3108. This certification allows you
to use Nationwide Permit Number 26 when the Corps of Engineers issues it. 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 for a new certification. 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 and
any additional conditions listed below.
1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas
within 50 feet of all streams and ponds to notify the state in order to assure compliance for future wetland and/or water impact.
These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is
later).
2. An additional condition is that a final, written storm plan including a wet detention basin must be
approved by DWQ before wetland (or stream) impacts occur. Also before any building is occupied at
the subject site the stormwater treatment facilities shall be constructed and operational and the
stormwater management plan be implemented.
We understand that you have chosen to contribute to the Wetland Restoration Program in order to compensate
for these impacts to wetlands and/or streams. In accordance with 15A NCAC 211 .0402, this contribution will
satisfy our compensatory mitigation requirements under 15A NCAC 2H .0506(h). According to 15A NCAC 2H
.0506(h), feet of restoration will be required. Until the Wetland Restoration Program receives and clears your check
(made payable to: DEHNR - Wetland Restoration Program), wetland or stream fill shall not occur. Mr. Ron Ferrell
should be contacted at 919-733-5083 ext. 358 if you have any questions concerning the Wetland Restoration
Program. You have one month from the date of this Certification to make this payment. For accounting purposes,
this Certification authorizes the fill of an additional 0.45 acres of riparian wetlands and 030402 river and
subbasin and 0.45 acres are required. Please be aware that the Wetland Restoration Program (WRP) rules
require rounding of acreage amounts to one-quarter acre increments (15A 2R.0503(b)).
Division of Water Quality - Environmental Sciences Branch
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

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 Dorney at 919-733-1786.
i ely
Steve
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
Mr. John Domey
Central Files
Ron Ferrell; Wetland Restoration Program
Todd St. John
Kevin Martin; Soil and Environmental Consultants 990486.1tr
l
NORTH CAROLINA-DIVISON OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2 H .0500, Forrest Ball has permission as outline below for the purpose(s) of
proposed Commercial / Industrial Development. All activities associated with these authorized impacts must be
conducted with the conditions listed in the attached cetification transmitttal letter. THIS CERTIFICATION IS NOT
VLID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT WETLAND RESTORATION PROGRAM
LOCATION:
COUNTY:
BASIN/SUBBASIN:
DWQ Project #
I- 40 East Industrial Park
Wake
030402
990486
As required by 15A NCAC 2H .0506, and the conditions of this certification, you are required to compensate
for the above impacts through the restoration, creation, enhancement or preservation of wetlands and surface waters
as outlined below prior to conducting any activities that impact or degrade the waters of the state.
Note: Acreage requirements proposed to be mitigated through the wetland Restoration Programs must be rounded
to one-quarter acre increments according to 15 2r .0503(b) `
0.45 acres of Class WL wetlands
0.45 acres of riparian wetland
acres of non-riparian wetlands
acres of Class SWL wetlands
linear feet of stream channel
(other)
One of the options you have available to satisfy the compensatory mitigation requirements is through the
payment of a fee to the Wetlands Restoration Fund per NCAC 2R .0503. If you choose this option, please sign this
form and mail it to the Wetlands Restoration Fund at the address listed below. An invoice for the appropriate
amount of payment will be sent to you upon receipt of this form. PLESES. NOTE, THE ABOVE IMPACTS ARE
NOT AUTHORIZED UNTIL YOU RECEIVED NOTIFICATION THAT YOUR PAYMENT HAS BEEN
PROCESSED BY THE WETLANDS RESTORATION PROGRAM.
Signature - Date
WETLANDS RESTORATION PROGRAM
DIVISON OF WATER QUALITY
P.O. BOX 29535
RALEIGH, N.C. 27626-0535
[phone] ezt. 358
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
ILT?
now
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
July 28, 1999
Wake County
DWQ Project # 990486
APPROVAL of 401 Water Quality Certification
Forrest Ball
Hartwell Realty
1027 Highway 70 West
Gamer, NC 27529
Dear Mr. Ball:
You have our approval, in accordance with the attached conditions, to place fill material in 0.45 acres of wetlands or
waters for the purpose of constructing a commercial development, as you described in your application dated May 17,
1999. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification
Number 3108. This Certification allows you to use National Permit Number 26 when the Corps of Engineers issues it. 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. This
approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General
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. 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
Mr. John Domey
Central Files
Kevin Martin; S & E C
Sincerely,
. Stevens
L?
990486.1tr
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
http://h2o.enr.state.nc.us/wetlandc.html
Soil & Environmental Consultants, Inc.
244 West Millbrook Road • Raleigh, North Carolina 27609 • Phone: [phone] • Fax: [phone]
Web Page: www.SandEC.com
Action ID #199404213
DWQ #95039, 970280
NCDEH & NR - DWQ
Attn: Mr. John Dorney
4401 Reedy Creek Road
Raleigh, NC 27607
US Army Corps of Engineers
Attn: Mr. Todd Tugwell
6508 Falls of Neuse Road, Suite 120
Raleigh, NC 27615
Dear Mr. Tugwell and Mr. Dorney:
The purpose of this letter is to request approval of additional wetland impacts for the
project known as Lot 2 and Lot 3 of the I-40 East Industrial Park. The project is located
in Raleigh, NC (Wake County) and is bordered by I-40 East on the western boundary and
Jones Sausage Road on the southeastern boundary.
The wetland delineation was reviewed in the field and approved by Ms. Amy Ohlberg of
the US Army Corps of Engineers. Steve Mitchell of DWQ has reviewed the site and
determined that none of the proposed impact area is subject to the Neuse Basin Buffer
Rules. Mr. Mitchell also stated that development of the lots and construction of the pond
would be preferred to leaving the low quality wetland undisturbed with no properly
constructed pond in place.
Previously 0.8 acres were permitted for a road crossing and development of the property.
These new impacts are being applied for as Nationwide 26 impacts and total 0.45 acres.
However, a redelineation of the wetlands may result in less jurisdictional area and the
quality of existing wetland is low.
Please call if you have questions or require further information. If you intend to perform
a site visit please call and we will arrange for someone to accompany you. Stormwater
pond calculations are attached. An existing detention basin is being upgraded and are the
cause of some impacts. Our clients proposal to mitigate would be via payment into the
WRP at 1;1 ratio for a total of $12,000.00 based on 0.5 acres of impact rounded to the
nearest quarter acre. dk.at
Sincerely,
r -' ate"
Ke in C. Martin
President
KCM/sh
Wetland Delineation/Permitting/Mitigation Soil/Site Evaluations On-Site Septic Systems Environmental Assessments/Audits
Neuse Basin and Watershed Buffer Evaluations Groundwater Hydrology Endangered Species
Branch Office: 231 16th Avenue N.E. • Hickory, North Carolina 28601 Phone: [phone] • Fax: [phone]
4
DWQ ID: 95039,970280 Corps Action ID: 199404213
Nationwide Permit Requested (Provide Nationwide Permit #): 26
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 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: Forrest Ball
2. Mailing Address: Hartwell Realty 1027 Highway 70 West
Subdivision Name:
City: Garner State: NC Zip Code: 27529
Project location address, including subdivision name (if different from mailing address
above):
3) Telephone Number (Home): 919-772-9274 (Work): 919-772-0170
4) If applicable, agent's 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 USGS topographic map or
aerial photograph with scale):
County: Wake Nearest town or city: Garner
Specific Location (include road numbers, landmarks, etc.):
0.56 miles north of the I-40/Jones Sausage Road (SR2547) intersection.
6. Impacted or nearest stream/river: Big Branch
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 ® If yes, explain:
7b. If the project is 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? N/A
8a. Have any Section 404 permits been previously requested for use on this property?
YES ® NO ? 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 ? If yes, describe anticipated work:
NW's =199404213 401 =941031,95039,970280
9a. Estimated total number of acres in tract of land: -3.03
9b. Estimated total number or acres of wetlands located on project site: 1.03
10a. Number of acres of wetlands impacted by the proposed project by:
Filling: 0.20
Excavation: 0.25
Flooding:
Drainage:
Other:
Total acres to be impacted: 0.45
10b. (1) Stream channel to be impacted by the proposed project (if relocated,
provide distance both before and after relocation):
Length before:
After: N/A
Width Before (based on normal high water contours):
Width After:
Average depth before:
After: N/A
(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? See attached calculations
What is the expected pond surface area? See attached calculations
12. Description of proposed work including discussion of type of mechanical
equipment to be used (attach plans 81/2" x 11" drawings only):
Development of 2 commercial lots and a stormwater pond.
13. Purpose of proposed work: Allow commercial development
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 S&EC
letter
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).
copy to be sent to USFWS by USACOE
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:
copy to be sent to SHPO by USACOE
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? commercial
f. If applicable, what is proposed method of sewage disposal?
sanitary sewer
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 orth C olina Coastal Management program.
?i Jam'
er' gents Sign re 13ate'/
(Agent's signature valid only if Agent Authorization Letter from the owner is provided
(18 g.))
14
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