19990629 Ver 1_COMPLETE FILE_19990427

State of North Carolina
Department of Environment
and Natural Resources • •
Division of Water Quality
James B. Hunt, Jr., Governor D E N R
Bill Holman, Secretary Kerr T. Stevens, Director
November 23, 1999
DWQ# 99-0629
Wake County
Robert Kirk Leone
2903 Campbell Road
Raleigh, NC, 27606
APPROVAL of 401 Water Quality Certification and Neuse River Buffer Rules
Dear Mr. Leone:
You have our approval, in accordance with the attached conditions, to construct a crossing of an unnamed
tributary to Swift Creek in Wake County, as you described in your application received by the Division of Water
Quality on April 27, 1999. After reviewing your application, we have determined that this fill is covered by
General Water Quality Certification Number 3103. This Certification allows you to use Nationwide Permit
Number 14 when it is issued by the U.S. Army Corps of Engineers. This approval is also valid for the Neuse River
buffer rules (15A NCAC 2B .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, Non-Discharge and Water
Supply Watershed regulations. Also this approval will expire when the accompanying 404 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 for a new certification. If
the property is sold, the new owner must be given a copy of the 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. 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 919-733-9646.
Sincerely,
e T. Stev s
Non-Discharge Branch 1621 Mail Service Center Raleigh, North Carolina 27699-1621
Telephone [phone] FAX # [phone]
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DWQ ID: CORPS ACTION Ip:
NATLONWIIME VERMFr REQVESTED (PROVME NA'11ON-WIDE PERMIT #)
PRE-CONSTRUCTION,: OTH ICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
APPLICA. , ,ON'
Ap
1) NOTIFICATION TO THE, CORPS OF ENGINEERS ;?? --- ? ?
2) APPLICATION FOR SECTION 401 CERTIFCATLON - G tnj CfF?
3) COORDINATION WITH THE. NC DIVISION OF COASTAL MANAGEM= C? r
SEND THE ORIGINAL. AND (I) COPY OF THIS COMPLETED FOIL'S :O THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGF-qCY ADDRESSES SHEET). SEVEN
(7) COPIES MUST BE SENT TO THE NC DIVISION OF WATER
OUALITY, AWN: JOHN DORNEY, 4401 REEDY CREEK ROAD,
RALEIGH, NC 27607. PLEASE PRINT OR TYPE.
1. OWNER'S NAME: Ro/5ER7" klRk Ll n),rs_
2. kAILING ADDRESS: 2!20 3 G A MP-fi `LL RD.
SUBDMSIONNAME QAl[ 'Ys LA?I?J
C'°I"Y: -12A-[.Er,,[ d STATE: _ A), 1 21P CODE: z ?r_o fQ
PROJECT LOCATION .ADDRESS, INCLUDING SUBD711SION NAME (IF DIFFERENT FROM
MAlLD;G ADrA,'ESS A.$C1VI:): 'r2)100 3. TELEPHONE NLNBER: (HOME) (WORK) 93-'1 ' Z09 O

4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL„ ADDRESS,
PHONE NUMBER:
q` Z8 7-le2to? ROAD ?2AL '/G ff !JL .
0740 f 7'E4.' ---
M? i _ - Pea ?-? z p. c Vic.
, 5. LOCATION OF WORK ('PROVIDE A", PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):.
COUNTY; J?AL9149
..
f*4
`Q
%gYo ? r2 p, .
APR ib '95 10:ldq.9
SPECIFIC LOCATION (INCVJDE ROAD NUI gMU-S, LANDMARKS, ECT)
6. IMPACTED OR NF-kREST STRBAM/RIvM- 5 F'? CC R ?? ?-
RIVER BASIN: _,, _ _,,,,?? tJ5 C
=ti
P.
7a. IS PROJECT LOCATED NEAR WATER. CLASSIFIED AS TROUT. TIDAL SALTWATER, (SA),
HIGH QTJALny WATERS (14Q%0,a.LIT8TAAIDIId4g_WOURSE WATERS (OR•N), WATER
SUPPLY ('W$-I Ck WS-TI)? YES ) NO ( IP YES. r-MLAIN: --
S
7b IS THE PKO. ECT LOCATED %TCHIN A NORTH CAROL2A DIVISION OF COi?STAL
MANAGE-MENT AREA. OF FU MRO'r'.(TNI'AL CONCERN (AEC)? 'Y'ES ( ) NO (X)
7c. II~ THE PROJECT IS LOCATED WITHIN A COASTAL COUN -47 (SEE PAGE -7 FOR LIST OF
COASTAL, COUNTIES), WHAT tS THE LAND USE PLAN (LVP) DESIGNATION" .
N//yIA
Sa. DAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE UN 'rKS
PROJE=CT? YES ( ) NO (x) IF YES. PROMS ACTICh I.U. NUMBER. OF PREVIOUS
PEP-NUT &ND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION); ---
Sb. ARE ADDITIONAL PERNUT REQUESTS EXPECTED FOR THIS PROPERTY 2-; THE
FUTURE? YES (x) NO ( ) IF YES. DESCRIBE ANTICIPATED WORK;
? -V C h CO e 7-16,U-4 L-
f 0-f 0,*-6 P 1 A?:5 c? r L,(- Hi-VC-
/ZO-(I% eA65SiA) G S -
9a_ EST114ATFD TOTAL NURBERS OF ACRES IN - ACT Or- LAND: 2!%.70-
5b. ESTTMATEI7 ,OTAL NumBER OF ACRES OF WMIANDS LOCATM ON PROJECT SITI<:
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROP09ED PROMC"1' B Y':
• APP 16 '9'a 10:10",,
Fu.LING: EXCAVATION:
FLOODING: OTHER :
DRAINAGE : TOTAL ACRES TO BE U"ACT'ED:
lob. (1) STREAM CHANNEL TO BE IMPAC-MI) BY THE PROPOSED PROJECT (IF
RELocATED, PROVTmE DISTANCE BOTH BEFORE AND AFTER RELOCATION;
LENGTH BEFORE: 9b T Ate: ?0 Fr
P.3
WIDTH BEFCFE (based on nomW high water contours): A. Z 9 _ FT
3•S?
AV>~RAGE D1P.>rTli BEFORE: _ -FT .e.F'IER: 3 • $ Fl-
(2) STREAM CHANNO IMPACTS WILL RESULT FROM: (CT -CK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: _ PLACEMENT OF PTE IN OW4NM:
CHANNEL EXCAVA'T'ION: COONSTRUCTION OP A DA&MOODI G:
OTHER. --- ---
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE S= OF'TRP WATcRSHED
DR.AINiNG TO THE POND? WHA A IS THE EXPECTED
POND SURFACE AREA? - --
12, DISCTIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY I I DRAWINGS ONLY)
(Zo D CP, oSS? N 6 46eQ-
?•4d t f?
13. PURPOSE OF PROPOSED WORK: SyBQ? J 5t orb
14. STATE RH.ISONS wHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS (INCLUDE ANY MEASURPS TAKEN TO ?IIMMIT.B WETLAND IMPACTS)

IS. YOU ARE REQUIRED TO CUNTACT'THE US FISH AND WILDLIFE SERVICE AND/OR
NATIONAL MARINE FISHERIES SERIVE REGARDING THE PRESENCE OF ANY FEDERALY
LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR
CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY TIm PROPOSED
PROJECT. DATE CONTACTED: , J1,4
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA
WINCH IMAY BE AFFECTED BY THI~ PROPOSED PROJECT. DATE CONTACTED
ti/4h
17. DOES THE PROJECT INVOLVE AN EXPENDI'I OF PUBLIC FUNDS OT THB USE OF
PUBLIC (STATE) LAND? YES ( ) NO ( `(IF NO, GO TO 16)
a. IF YES, DOES THE PROJECT REQUIRE PREPERATION OF AN ENVIRONMENTAL
DOCUMENT PURUANI' TO THE REQUIREMENT'S OF THE NORTH CAROLINA
ENVIRONMENTAL POLICY ACT? YES( ) NO( )
b. IF YES, HAS THE DOCUMENT BEEN REFIEWED THROUGH TrM NORTH CAROLINA
DEPARTMENT OF ADMINISTRATTON STATE CLEARINGHOUSE YES ( ) NO ( )
IF ANSWER 17b IS YES, THEN SUBMIT APPROPR ATE DOCUMENTATIONFRONI THE STATE
CLEARINGHOUSE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DLREC17ED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, ! 16 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE [phone].
1S. THE FOLLOWING TI•EMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF FILL MATERIAL INTO
WETLANDS:
a. WETLAND DEL114FATION MAP SHOWING ALL WETLANDS, STREAMS, LADS, AND
PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 19, 21, 26, 29,
AND 38). ALL STREAM (INTERMITTENT AND PERMANENT) ON THE PROPERTY
MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE I INCH EQUALS 50 FEF'T
OF 1 INCH EQUALS 100 FEET OF THEM EQUIVALENT.
b. IF AVAILASLE, REPRESENTATIVE PHOTOGRAPH OF WFTLA.,NDS TO BE IMPACTED
BY PROU'UCT'.
c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA
SHEETS RELEVANT TO ITIE PLACEMENT OF THE DELINEATION LIINTE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED,
e. WHAT IS LAND USE OF SURROUNDING PROPOERTY?
or
APR 16 19y 1l_i :11rtf1 P . ?.
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAI.,?
Scp ri c-
g, SIGNED AND DAT'BD AGENT AUTHORIZAiZON LETTER, IF APPLICABLE.
NOTE: WTL 0NDS OR WATERS OF TLIE US MAY NOT BE. LMPACI?D PRIOR TO.
1) ISSUANCE OF A SECTION 404 CORPS OF ENrjU IFMS PERMIT,
2) E.MiER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF WATER QUALITY
CERTIFICATION, AND
3) (IN ThM TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH
CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PRUPOSED
ACTIVITY IS CONSISTENTWITH TFE NORTH CAROLINA COASTAL.
MANAGEMENT PROGRAM,
O R'S/AGENT'S SIr,NA:T'URE DATE
(.AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
TIM, OWNER IS PROVIDED).
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?a UNITED STATES
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DEPARTMENT OF THE INTERIOR
GEOLOGICAL SIIRVFv `n
S 4628 TRYON RD. v
pRALEIGH, N C. 27606
PHONE-919-a5, 2oeo
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From:

North Carolina Department of Environment,
Health, and Natural Resources eg printed on Recycled Paper
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
1 ?•
Maw
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
May 13, 1999
Mr. Robert K. Leone
2903 Campbell Road
Raleigh, NC 27606
Dear Mr. Leone:
Re: Robert Leone project
Wake County
DWQ # 990629
P
9?F?F?r
The Division of Water Quality has reviewed your submittal for a 404/401 Permit for a road crossing in
Wake County. Your application was not complete since a location map and a site plan were not included. Please
provide information regarding the location and design of your project. This information is needed by DWQ in order
for us to decide whether this project is approvable.
Please respond with three weeks of the date of this letter by sending us the appropriate information. If
we do not hear from you in three weeks, we will assume that you no longer want to pursue this project and we will
consider the project as withdrawn.
I can be reached at 919-733-1786 if you have any questions. Until this information is received, I will
request (by copy of this letter) that the Corps of Engineers place this project on hold. Also, the project will be placed
on hold for our processing due to incomplete information (15A NCAC 2H .0507(a)(4)). Your processing time will
begin once we receive a complete application.
I

Attachment

cc: Raleigh DWQ Regional Office
Wilmington District of Corps of Engineers
Raleigh Field Office Corps of Engineers
John Dorney
Central Files
Jo eer Dorney
Wuality Certificat' n Program
990629.hld
Division of Water Quality - Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
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