19990574 Ver 1_COMPLETE FILE_19990602

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
. /I J( I
L1.91WAA
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
August 8, 1999
Wake County
DWQ Project # 990574
Approval of 401 Water Quality Certification and ADDITIONAL CONDITIONS and Neuse River Buffer Rules
Rose and Luther Burch
8309 Glenwood Avenue
Raleigh, NC 27612
Dear Mr. And Ms. Burch:
You have our approval, in accordance with the attached conditions, to place fill material in 0.21 acres of water for the
purpose of developim, a commercial shopping center at US 70 and Turkey Creek, 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 Certificate allows you to use Nationwide Permit Number 26 when the Corps of Engineers
issue:; 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 permit before you go ahead with your project including (but not limited to) Sediment and Erosion,
Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the
accompanying 404 or CAMA 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 noti fy 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 wit 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 2I-I
.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.
1. Deed notifications or similar mechanisms shall be placed on all lots with remaining juridictional wetlands and waters or
areas within 50 feet cif 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 comes first).
2. An additional condition is that stormwater shall be directed to sheetflow at nonerosive velocities through the protected
stream buffers.
3. A final, written stormwater plan including a wet detention hasin must be approved by DWQ before wetland (or stream)
impacts occur. Also before any building is occupied at the subject site, the approved stormwater treatment facilities shall
he corstnucted and operational and the approved stormwater management plan shall be implemented.
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 1508 of the North Carolina General Statues to the Office of Administrative Hearings, PO Box 27447, Raleigh, NC
2761 1-7447. This Certification and its conditions are final and binding unless you ask for 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 919-733-9646.
Sincerely,
Division of Water Quality . Environmental Sciences Branch
Envirn. 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
a? I

v
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
ILF!WAA
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
August 8, 1999
Wake County
DWQ Project # 990574
Approval of 401 Water Quality Certification and ADDITIONAL CONDITIONS and Neuse River Buffer Rules
Rose and Luther Burch
8309 Glenwood Avenue
Raleigh, NC 27612
Dear Mr. And Ms. Burch:
You have our approval, in accordance with the attached conditions, to place fill material in 0.21 acres of water for the
purpose of developing a commercial shopping center at US 70 and Turkey Creek, as you described in your application dated
May 27, 1999. After reviewing your application, we have decided that this fill is covered by General Water Quality
Certi l'ication number 3108. This Certificate allows you to use Nationwide Permit Number 26 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 permit before you go ahead with your project including (but not limited to) Sediment and Erosion,
Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the
accompanying 404 or CAMA 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 noti fy 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 wit all conditions. If total wetland fills for this
project ,now or in the I'uture) 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.
1. Deed notifications or similar mechanisms shall be placed on all lots with remaining juridictional wetlands and waters or
areas within 50 feet cif 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 comes first).
2. An additional condition is that stormwater shall be directed to sheetflow at nonerosive velocities through the protected
stream buffers.
3. A final. written swrmwater 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 approved stormwater treatment facilities shall
be constructed and operational and the approved stormwater management plan shall be implemented.
If you do not accept any of the conditions of this Certification, you may ask for an adjudicatory hearing. You must
ac.. within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to
Chapter 1508 of the north Carolina General Statues to the Office of Administrative Hearings, PO Box 27447, Raleigh, NC
2761 1-7447. This Certification and its conditions are final and binding unless you ask for 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 919-733-9646.
Sincerely,
Division of Water Quality • Environmental Sciences Branch
Enviro. 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
I 1 . .1
Kerr T. Stevens
Cc: Wilmington Corps ofEnaincers
Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
John Dorney
Central Files
Todd St. John
Raleigh Division ol'Land Resources
Kevin Martin; S & E C
Russ Briggs; Rose Group
990574.Itr
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality

James B. Hunt, Jr., Governor NCDENR
Wayne McDevitt, Secretary NORTH CAROLINA DEPARTMENT OF
Kerr T. Stevens, Director ENVIRONMENT AND NATURAL RESOURCES
July 27, 1999
Wake County
DWQ Project # 990574
APPROVAL OF 401Quality Certification and ADDITIONAL CONDITIONS and Neuse River Buffer Rules
Raleigh and Luther Burch
8309 Glenwood Ave.
Raleigh N.C. 27612
Dear Mr: and Ms. Burch
You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 2.21 aces
of wetlands or waters for the purpose of developing a commercial shopping center at US70 and Turkey Creek as you described in
your application dated 27 May 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. 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). This approval shall expire when the corresponding Nationwide Permit
expires or as otherwise provided in the General Certification. 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 stormwater shall be directed to sheetflow at nonerosive velocities
through the protected stream buffers.
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,
rr . Stevens
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
John Domey
Central Files
Todd St. John
Raleigh Division of Land Resources
Kevin Martin; Soil and Environmental Consultants
Russ Briggs; Rose Group
990574.1tr
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
NCDEH & NR - DWQ
Attn: Mr. John Dorney
4401 Reedy Creek Road
Raleigh, NC 27607
Re: Request for Nationwide
Raleigh, North Carolina 276.09 Phone: [phone]
Web Pab*&vww.SandEC.com
US Army Corps of Engineers
Attn.: Mr. Todd Tugwell
6508 Falls of Neuse Road, Suite 120
Raleigh, NC 27615
May 27,1999
Job #3711
Dear Mr. Dorney and Mr. Tugw ?1? JUN 2 ?y?
The purpose of this letter is to re ues lltion of Nationwide Permit 26 for 0.21
acres. The project is located in ke S LCT 'key Creek and south of Highway
70 near Raleigh, NC (see Site Vicinity Map).
All impacts will result from the fill of jurisdictional waters for parking and retail
buildings commercial development (see Site Plan). The project has been completely
redesigned (copies of previous plans are available upon request) and to minimize impacts
to streams and avoid Neuse Buffers. A site behind the proposed development will be
utilized as a wet detention stormwater basins (see Vicinity Map). The dimensions and
other specific information regarding the stormwater basins can be obtained from Russ
Briggs at the Rose Group (919 829-0555).
Wetland acreage impacts as proposed are below the DWQ 1 acre mitigation threshold.
The i c 00' of DWQ "insi nificant" Cor s unimportant stream is included in the
acreage impact and no mitigation should be require or this work.
Please contact us if you have any questions or if you would like to schedule a site meeting.
Please note that Todd Tugwell met with us on site to verify wetland delineations and that
Danny Smith, Steve Mitchell and Pete Colwell have met on sift- t? veri T se Buffer
la , ons. The client has agreed to maintain the 50' buffer on the intermittent stream
below the dam even though it does not contain forest vegetation at all locations adjacent to
it.
Sincerely,
htc? /-QJL
Kevin C. Martin
WeWWWISAtion/Permitting/Mitigation Soil/Site Evaluations On-Site Septic Systems Environmental Assessments/Audits
Neuse Basin and Watershed Buffer Evaluations Groundwater Hydrology Endangered Species
Environmental Consultants,
Branch Office: 231 16th Avenue N.E. 9 Hickory, North Carolina 28601 • Phone: [phone] • Fax: [phone]
DWQ ID:
Corps Action ID:
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: Rose & Luther Burch
2. Mailing Address: 8309 Glenwood Avenue
Subdivision Name: (r f P JO fAJ n Q (?( <?X (_f--
City: Raleigh State: NC
Zip Code: 27612
Project location address, including subdivision name (if different from mailing address
above): _See attached Vicinity map
3) Telephone Number (Home):
(Work): 787-0767
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: Raleigh
Specific Location (include road numbers, landmarks, etc.):
South of Highway 70 and east of Turkey Creek (see attached USGS Quad
vicinity map)
6. Impacted or nearest stream/river: tributaries of Turkey 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 ® If yes, explain:
i
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?
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:
9a. Estimated total number of acres in tract of land: + 20 acres
9b. Estimated total number or acres of wetlands located on project site: < 1
Specific Location (include road numbers, landmarks, etc.):
South of Highway 70 and east of Turkey Creek (see attached USGS Quad
vicinity map)
6. Impacted or nearest stream/river: tributaries of Turkey 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 ® 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.
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:
9a. Estimated total number of acres in tract of land: .+ 20 acres
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?
9b. Estimated total number or acres of wetlands located on project site: < 1
10a. Number of acres of wetlands impacted by the proposed project by:
Filling: 0.21
Flooding:
Drainage:
Excavation:
Other:
Total acres to be impacted: 0.21
10b. (1) Stream channel to be impacted by the proposed project (if relocated,
provide distance both before and after relocation):
Length before: 200'
After: 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)
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? Contact Engineer, Russ Briggs 829-0555
What is the expected pond surface area? 0.8 acres
12. Description of proposed work including discussion of type of mechanical
equipment to be used (attach plans 81/2" x 11" drawings only):
construction of roads, utilities, parking lots and buildings for commercial
development
13. Purpose of proposed work: development of commercial property on uplands
14. State reasons why it is believed that this activity must be carried out in wetlands
(include any measures taken to minimize wetland impacts):
project was completely redesigned to minimize impacts, see attached letter
from S&EC
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).
handled 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:
handled 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? residential commercial
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 Caro ina Coastal Management program.
Asex??- /10 (4 t !5 / CD -?- / 9-1)t--1
Owner's Agent's Signatu Date
(Agent's signature valid only if Agent Authorization Letter from the owner is provided
(18 g.))
1999 12:41PM THE ROSE GROUP/RALEIGH
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78l°45, 704 2080000 FEET 3.8 MI. TO N.C. 50 706 .42'30"
SMITHFIELD 38 MI.
4) e? Mapped, edited, and published by the Geological Survey
?Gpg? Control by USGS, NOS/NOAA, and North Carolina Geodetic Survey * k
?2h yMN,.,. 1000
Topography by photogrammetric methods from aerial photographs GN? E?
taken 1965. Field checked 1967
Polyconic projection. 10,000-foot grid ticks based on North Carolina 7^
coordinate system. 1000-meter Universal Transverse Mercator grid 124 MIL 24oMILS
ticks, zone 17, shown in blue. 1927 North American Datum
To place on the predicted North American Datum 1983 move
the projection lines 12 meters south and 23 meters west
as shown by dashed corner ticks UTM GRID AND 1987 MAGNETIC NORTH
DECLINATION AT CENTER OF SHEET
Fine red dashed lines indicate selected fence and field lines where
generally visible on aerial photographs. This information is unchecked Revisions shown in purple and woodland compiled in
There may be private inholdings within the boundaries of cooperation with State of North Carolina agencies from A FOLDE
the State or National reservations shown on this map aerial photographs taken 1984 and other sources. This
Purple tint indicates extension of urban areas information not field checked. Map edited 1987

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& Environmental Consultants, Inc.
244 West Millbrook Road a Raleigh, North Carolina 27609 ¦ [phone] ¦ Fax [phone]
- AGENT AUTHORIZATION FORM -
ALL BLANKS TO BE FILLED IN BY CU RE LANDOWNER
Name:
Address:
Address:
Phone:
Project NomelDescription:
Date:
The Department of the Army
U.s. Army Corps of Engineers
Wilmington District
PO Box t ago
Wilmington, NC 28402 i
Attn: J acct 1-
4-Field Office, V
Re: Wetlands Related Consulting and Permitting
To whom it may concern:

1, the current oronettY owner, hereby designate and authorize Soil and Environmental
Consultants, Inc. to act in my behalf as my agent In the processing of permit applications, to
furnish upon request supplemental information in support of applications, etc, from this day
forward. This the L day of R , -- -
This notification supersedes any previous correspondence concerning the agent for this protect.
EW Owners Name:
cc: Mr, John Domey
NCDEM&NR-DEM
Water Quality Planning
4401 Reedy Creek Road
Raleigh, NC 27807
cc: Mr. Kevin Martin
Soil and Environmental Consultants, Inc.
C'/c
+Pro a Owners Signature:
S()il1Sitr Evaluation ¦ Mapping; and I'itysica! Analvsis ¦ Wetlands Mapping; and Mitigation ¦ F.n??rt,nmcntal :?u..
Vn-Silt Whsle Treatmtmt 5vstem%, I -'" `ttt?n .tnd Design
04/13/1998 14:53 9198469467 PAGE 05
'r
NCWRC,HCP,FALLS LAKE TEL:[phone] Jun 25'99 12:43 No.001 F.02
}
F
N.,th Carolina Wildlife Resources Commission®
- 512 N. Salisbury Street, Raleigh, North C Jina 27604-1188,919433-3391
Charles R. Fullwood, Exxeeutive Director
MEMORANDUM
TO, John Dorney, Wetland Scientist
Division of Water Quality
FROM: Owen F. Anderson, &ont.ion Coordinator
Habitat Conservation Prograrr?
DATE: June 25, 1999
SUBJECT: 401 Watcr Quality Certification for Rose and Luther Burch, Glenwood Tract,
Wake County, NC, Turkey Creek, Neuse River Basin, Habcon No P,99.06.19.01
Staff biologists with the Wildlife Resources Commission have completed a review of the
subject application to assess impacts on wildlife and fishery resources in the area. Our comments
arb provided in accordance with provisions of the Cleats Water Act of 1977 (33 U.S.C. 466 et
seq.), and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-
667d).
The applicant is requesting to impact 0.21 acres of wetlands and 200 feet of intermittent
stream for a retail shopping area. According to the application the stream ecluded considered
he
insignificant for mitigation purposes. A storinwater retention pond will be project.
We recommend the construction of a 3-6-foot littoral shelf along the stormwater pond
and planting the area with native woody shrubs and herbaceous wetland species. The vegetation
will help hrubs and trees may also have the added benefi of discouraging geese from using the nt
areas
pond.
(919) on this 6lication. If our office can
We appreciate the opportunity ow office comment
provide further assistance, plem contact
cc: Todd Tugwell, Raleigh Office Corps of Engineers