19990866 Ver 1_COMPLETE FILE_19990809

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
1 ? •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
October 7, 1999
Wake County
DWQ Project # 990866
APPROVAL OF 401Quality Certification and ADDITIONAL CONDITIONS
Lewis Cooke
PO Box 3006
Cary NC 27519
Dear Mr. Cooke:
You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 128 linear
feet of streams for the purpose of constructing road crossings at the Lodge in Apex at SR 1308 and US 64, as you described in
your application dated August 6, 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.. 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).
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 Domey at 919-733-9646.
Attachment
cc: Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
File Copy
Central Files
Kevin Martin; Soil and Environmental Consultants

990866.1tr
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/wetiandc.htmi
401 / NBR
Subject: 401 / NBR
Date: Mon, 27 Sep 1999 10:49:06 EST
From: "Steven R. Mitchell" <[e-mail]>
Organization: DENR - Raleigh Regional Office
To: [e-mail]
Upon further review....
Sunset Forest Subdivision
99 0865 should be issued. My comments were ( 4V
incorrect regarding the need for a 50 foot buffer.
This -Dro-= ect_ is.--in--t-he-=£-awe---F-ea-r--R2i-ver-Bas-in,__
fihe Lodge at Apex
99 0866 should be issued. Danny made them move the
road crossing to its present proposed location to
minimize buffer impacts. Road crossing impacts 2 & 3
are necessary to access the back triangle.
Impact #1 occurs to buffer only as the road exits the
property.
1 nf 1 9/27/99 10:07 AM
MEMORANDUM
TO: John Dorney
Non-Discharge Branch
Regional Contact: Steve Mitchell
WO Supervisor: Ken Sch,ister
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name The Lodge at Apex County wake
Project Number 99 0866 County2
Recvd From APP Region Raleigh
Received Date 8/9/99 Recvd By Region 8/30/99
Project Type residenetial
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet r
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
f- _43
?6 -F--PT-@) N ? 27-43-2 WSIII NSW 30,402. 0.01 F_ ?-
Mitination Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y O N Recommendation: 0 Issue 0 Issue/Cond 0 Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
Is impact #1 necessary? Access through 2&3 is for Y road into pro ject_ As stream exits
property jmpact to buffer at #1 occurs. Nees Wined culvert for drainage.
Road crossing at impart 2 &R looks OK.
cc: Regional Office Page Number 1
Central Office
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
1 ? •
AM k
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
September 21, 1999
DWQ Project # 990866
Wake County
CERTIFIED MAIL-RETURN RECEIPT REQUESTED
Lewis Cooke
PO Box 3006
Cary NC 27519
Dear Mr. Cooke:
The Division of Water Quality has reviewed your plans for the discharge of fill material into 128
linear feet of streams located at the Lodge at Apex at SR 1308 and US 64 in Wake County for apartment
construction. Insufficient evidence is present in our files to conclude that your project must be built as
planned in waters and/or wetlands in accordance with 15A NCAC 2H .0506. Therefore, unless
modifications of the proposal are made as described below, we will have to move toward denial of your 401
Certification as required by 15A NCAC 2H .0507(e) and will place this project on hold as incomplete until
we receive this additional information, we are requesting (by copy of this letter) that the U.S. Army Corps
of Engineers place your project on administrative hold.
Please provide us with information supporting your position that states your project must be
constructed as planned and that you have no practicable alternative to placing fill in these waters and/or
wetlands. Specifically can you construct your development without Impact #1 (road crossing along eastern
side of property)? Any documentation such as maps and narrative that you can supply to address
alternative designs for your project may be helpful in our review of your 401 Certification.
Please respond within three weeks of the date of this letter by sending a copy of this information to
me and one copy to Mr. Steve Mitchell Raleigh Regional Office at 3800 Barrett Drive Raleigh NC 27609.
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 919-733-9646 if you have any questions.

cc: Raleigh DWQ Regional Office
Wilmington Office Corps of Engineers
Central Files
File Copy
Raleigh Field Office Corps of Engineers
Kevin Martin; S & E C
nce
n R. Dorney
990866.nty
Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27699-1621
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post consumer paper
MEMORANDUM
TO: John Dorney
Non-Discharge Branch
Regional Contact: Steve Mitchell
WO Supervisor: Ken Schuster
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name The Lodge at Apex
Project Number 99 0866
Recvd From APP
Received Date 8/9/99 Recvd By Region 8/30/99
Project Type residenetial
County wake
County2
Region Raleigh
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
26 . ?- ©YO N F 27-43-2 WSIII NSW 30,402. 0.01 F F_
.....
rp? p?
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? O Y ON Did you request more info? O Y ON
Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N
Is Mitigation required? Q Y O N Recommendation: Q Issue0 Issue/fond O Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
Is impact #1 necessary? It appears as fill for the sake of fill and a pipe for drainage.
Road crossing at impart 2 RR looks K.
cc: Regional Office
Central Office Page Number 1

Note: This is not a
Required.
NCDEH & NR - DWQ
Attn: Mr. John Dorney
4401 Reedy Creek Road
Raleigh, NC 27607
Environmental Consultants,
Raleigh, North Carolina 27609 • Phone: [phone]
Web Page: www.SandEC.com
AUG Li W Lb Li VJ LS
Application Fee is
91999 k August 6, 1999
Job # 4113
DS GROUP Corps Action ID #199920297
ALITY SECTION
US Army Corps of Engineers
Attn: Mr. Todd Tugwell
6508 Falls of the Neuse Road, Suite 120
Raleigh, NC 27615
Re: Notification of Compliance with Neuse Basin Buffer Rules and request for
Nationwide Permit 26, The Lodge at Apex
Dear Mr. Dorney and Mr. Tugwell:
The purpose of this letter is to notify you of our clients intent to utilize Nationwide
Permit 26 for 0.009 acres. The project is located in Wake County north of Hwy 64 and
east of Laura Duncan Road (see Site Plan and Vicinity Map).
All impacts will result from the fill of jurisdictional waters for a road within a residential
development (see Site Plan. The road impacts are to areas subject to the Neuse Buffer
Rules. Impacts are less than 150' and 1/3 acre under NW 26 so notification is not
required for the use of this permit. Channel impacts total 128'. Buffer impacts total 0.30
acres.
A map showing project impacts to jurisdictional areas is enclosed. Wetland acreage
impacts as proposed are below the DWQ 1 acre and 150' mitigation thresholds. No
mitigation should be required for buffer or wetland/ stream impacts.
Please contact us if you have any other questions.
Sincerely,
evin CMak_<?P?
KCM/ edk
Notes: 1. Danny Smith previously verified our Neuse Basin Buffer determinations
but we could not locate a letter from him. The maps were delivered on
2/17/99 and the site visit took place on 11/19/98.
2. Todd Tugwell previously approved our wetland delineation
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]
DWQ ID: Corps Action ID: 199920297
Nationwide Permit Requested (Provide Nationwide Permit ft 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: Lewis P. Cooke et. al.
2.
Subdivision Name: Lodge at Apex
City: Cary State: NC Zip Code: 27519
Project location address, including subdivision name (if different from mailing address
above): NE quadrant of intersection of US 64 and Laura Duncan Road
3) Telephone Number (Home):
Mailing Address: PO Box 3006
4) If applicable, agent's name or responsible corporate official, address, phone
number:
Soil & Environmental Consultants, Inc. Phone: [phone]
(Work): 919-467-6935
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: Apex
Specific Location (include road numbers, landmarks, etc.):
Northeast quandrant of the intersection of SR 1308 (Laura Duncan Road) and
US 64. See attached USGS.
6. Impacted or nearest stream/river: Unnamed tributary of Williams 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 E] 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: 16
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: < 1/3
10a. Number of acres of wetlands impacted by the proposed project by:
Filling:
0.009
Flooding:
Excavation:
Other:
Drainage: Total acres to be impacted: 0.009
10b. (1) Stream channel to be impacted by the proposed project (if relocated,
provide distance both before and after relocation):
Length before: 128
After:
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?
What is the expected pond surface area?
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 a road to serve a residential apartment complex
13. Purpose of proposed work: Allow utilization of uplands for residential apartment
complex
14. State reasons why it is believed that this activity must be carried out in wetlands
(include any measures taken to minimize wetland impacts): Impacts have been
minimized to the greatest extent practical and crossings of intermittent
stream is perpendicular.
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? Commerical, residential
and undeveloped
f. 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. C
Y'ti-Lh :??- 9
Owner's/ gen-rs Signatu Date
(Agent's signature valid only if Agent Authorization Letter from the owner is provided
(18 g.))
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1998 4:29PM FROM TAR HEEL CO'S - MAIN 919 851 2905
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S&EC
P. 2
PAGE 06
Soil ? Environmental Consultants., mac.
244 West MMrook Road a Raleigh, North Carolina 27609 a [phone] ® F=019) 846-9467,
AGENT ATTMORIZATION FORM
All E ardcs To Be Filled In By The Current Landowner
Namt: Lewis P. Cooke, Mindy J. Cooke and Glenn Futrell and Joy C. Futrell
Address= P.'O. Box 3006, Cary, n. C. 27519
Mone: 919/467-6935
Project Name/ Description: Intersection of U.S. Highway 64 and Laura vurnean Rd., Apex, N. C.
11-6-98
Date_
The Depaxt meat of die Army
U.S. ,Army Corps of ors, Wilminghon District
P.O. Box
Wilmnigton, NC 28402
Attn: 1 {?P.
Field Office:
Re: Wetlands Relabel C multing and Permitting
To Whom It May Cancem:
t (.
1, the current pWexty owner, hereby designate and authorize Sail & Environmental Consultants, Inc. to
act iua my behalf as my agent in the processing of permit applicatiow, to fun-dsh upon request
supplemental information in support of appuccations, et,-- from this day forward- The day of
This notification supersedes away previotts correspondence cox c rdng the agent fox this project:
NOTICE: This authorization, for liability and prof onal coudesy reasons, is valid only for
government officials to enter the property when accozapanied by 5&EC staff. You should call S&EC
to arrange a site meeting pdar to visiting the site.
Lewis P. Cooke Glenn Futrell
Minder T rr%nlc- joy Q: Fa£.rell
Print Property Ow'ner's Name
cc: Mr. John DoMey
MCDEK & NR - DWQ, wi rer Quality l'Mmuting
4401 Reedy Creek Road
Raleigh, NC 27607
Property Owner's Signa#ure
Cc: Ivir. Kevin blu'un
son & &111 onmental comultants, Inc.
aseal*m
SoiVSite LA-atuation gipping and Physical Aniiysis m Wetlands Mapping -and Mitigation E Environmental .\udia
On-Site er/aste Treattt1rr,[ Systems. i vniuation anti Design

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