20000237 Ver 1_COMPLETE FILE_20000209

Kerr T. Stevens, Director NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES

March 9, 2000
Mr. Richard Ladd Wake County
DWQ Project #: 000237
APPROVAL OF 401Quality Certification and ADDITIONAL CONDITIONS and Neuse River Buffer Rules
Commercial Development Solutions
301 North Boylan Avenue
Raleigh, NC 27603
Dear Ladd:
You have our approval, in accordance with the attached conditions and those listed below, to construct a Cracker Barrell store
at Airport Blvd. and Slater Road, as you described in your application dated February 9, 2000. This approval is 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.
I. 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. Stormwater shall be directed to flow at non-erosive velocities across the entire 50 feet wide protected stream buffers. The
stormwater design as submitted must be modified to allow this and a revised copy of the plain sent to DWQ before site impacts
occur.
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 919-733-9 6.
i cere ,
Attachment eve s
cc: Raleigh DWQ Regional Office
File copy
Central Files
Raleigh Division of Land Resources
Jennifer Milano; WQ A&E
Division of Water Quality • Non-Discharge Branch
1621 Mail Service Center Raleigh NC 27669-1621 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer
50% recycled/10% post consumer paper
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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
ffif , PJa4 Lad)
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NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Faf?, 2000
County
#: Q
DWQ Project 23 n
APPRO Vr AA O 401Qu ity Cert;fication d ADDITIONAL CONDITIONS and Neuse River Buffer Rules
o any a.ve-
R Dear 3 - u' ?j1a
You have our approval, in accordance th the attached conditions and those list d be w, to
o res o at as J1
you described in your application dated A on, we ave dect e
_ c u o t _ he
it. This approval is *o 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). 5 i
2. Stormwater shall be directed to flow at non-erosive velocities across the entire rotected stream buffers.
An additional condition is that a final, written stormwater management plan fo stormwater runoff from this project shall be
approved by this Office before the impacts specified in this Certification occur. The stormwater management plan must include
plans and specifications for stormwater management facilities designed to remo e 85% TSS according tot he most recent version
of the NC DENR Stormwater Best Management Practices Manual. Also, befor any permanent building is occupied at the subject
site, the stormwater facilities, as approved by this Office, shall be constructed a operational, and the stormwater management
plan, as approved by this Office, shall be implemented.
If you do not accept any of the conditions of this certification, you may ask for an adj icatory hearing. You must act within 60 days of
the date that you receive this letter. To ask for a hearing, send a written petition, whic conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, 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 Secti n 401 of the Clean Water Act. If you have
any questions, please telephone John Dorney at 919-733-9646.
Sincerely,
Kerr T. Stevens 1
Attachment
cc: o e
File copy DWQ Regional Office jj ^r ?tJ
-nCentral Files
G, ivision of Land Re?urce
Division of Water Quality Non-Discharge Branch
1621 Mail Service Center Raleigh NC 27669-1621 Telephone [phone] FAX # [phone]r,
An Equal Opportunity Aff irmative Action Employer 111, 50% recycled/10% post consumer paper
6?
UEA&E
Wolfgang Doerschlag Architects & Engineers
rs
Attention: John Dorney
Company: NC Dept. of Water Quality
4401 Reedy Creek Road
Raleigh, NC 27607
Date: February 7, 2000
Remarks:
Architecture
Civil Engineering
Landscape Architecture
Structural Engineering
Interior Design
Mechanical Engineering
Electrical Engineering
Food Service Design
Permitting Services
Construction Services
From: Jennifer Milano
Job Name: Cracker Barrel Old Country Store
Morrisville, North Carolina
Project No: 10.010
Shipped: Fedex Priority
Enclosed, please find the following items for the proposed Cracker Barrel in Wake
County:
Pre-Construction Notification Application for the Neuse River Riparian Buffer:
1. Seven copies of the PCN application
2. Seven copies of the maps (full size is included because this application does not
involve the Corps)
Please note that Steve Mitchell is currently reviewing our plans. His letter will be sent to
you as soon as we receive it. Please call me with any questions at 614-232-0145. Thank
you.
/1I
nifer Mi no
cc:
850 Michigan Avenue Columbus, Ohio 43215
Fax: [phone] Tel: [phone]
BBS:614/225-0971 [e-mail]
MEMORANDUM
TO: John Dorney
Non-Discharge Branch
Regional Contact: Steve Mitchell
WO Supervisor: Ken Schuster
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Cracker Barrel c% Richard Ladd
Project Number 00 0237
Recvd From APP
Received Date 2/9/00 Recvd By Region 2/2/2000
Project Type
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. BE
NBR F__ O T @N ? 27-33-4-2 ? NSW 30,402. ? F_ ?-
Mitigation 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 0 N Recommendation: 0 Issue 0 Issue/fond 0 Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
Issue There is no impact in the riparian Zones
cc: Regional Office Page Number 1
Central Office
DWQ ID: CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #) -2tJ
RI - ci an
ksc
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 MUST BE SENT TO THE NC DIVISION OF WATER OUALITY
ATTN: JOHN DORNEY, 4401 REEDY CREEK ROAD, RALEIGH. NC
27607. PLEASE PRINT OR TYPE.
1. OWNER'S NAME: -----"R'Cj'ZCtrC?- h Wl.l 0i"s
2. MAILING ADDRESS:----- J()J r??. boy Avel i PCtlflJh, AT- 1-`Ux'03
SUBDIVISION NAME ----- TA-Q (,Ly)C QL? r
CITYr f i 5 STATE: NCi ZIP CODE: a- 5C- C
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE): ad&VESS f)Ct aCSjw-w d
- L i to "s c`+ +KQ- A o r+ h u ?st C' cr ru' r 0I i r p- rJ l31 ?f ar'? S (ct??
3. TELEPHONE NUMBER: (HOME) (WORK) ?i7 ?I f 3- q9W 9-or a(pnri m kwr-tl
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE pCO/?RPORATE(?OFFICIAL, ADDRESS
PHONE NUMBER: C", rc) ke i' c i- rte? ( lA f to '. Imo' . ' i" ( '(`t. G 15 ` 14 - SI G?
----- 30-7 Parf mrcr,n IF) ve i ?e bin on) T/V 310 5?7
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY COPY OF USGS TOPOGRAPHIC MAP
OR AERIAL PHOTOGRAPHY WITH SCALE): '7--5;' 1 f? pcvp C) n C _.
COUNT [71
Y: - NEAREST TOWN: f f 15V 1 lie,
SPECIFIC LOCATION (INCLUDE ROAD NUMBEVS LANDMARKS,.ECT.
Ncr+hM.+ (c)"VIf cl? Airport 61vd 64
6. IMPACTED OR NEAREST STREAVIVER: RIVER BASIN:
7. (a) 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 X IF YES, EXPLAIN: .....
` (b) IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [] NO FA
?r (c) 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? ..... /V 1A
alr(le,
8. (a) HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROJECT? YES ? NO IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND
ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): .....
(b) ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE?
YES E] NO ® IF YES, DESCRIBE ANTICIPATED WORK: .....
9. (a) ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: q-.33
(b) ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: NIA
10. (a) NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: EXCAVATION:
FLOODING: OTHER :
DRAINAGE : TOTAL ACRES TO BE IMPACTED:
(b) (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PRQJ CT (IF RELOCATED,
PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION: N ,a
LENGTH BEFORE: FT AFTER: FT
WIDTH BEFORE (based on normal high water contours): FT
AVERAGE DEPTH BEFORE: FT AFTER: FT
(b) (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) 11A
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 NA
DRAINING TO THE POND? WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
E UIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY 11 DRAWINGS ONLY)
- j? C? C11KG? pU ,,, \5
13.. PURPOSE OF PROPOSED WORK: u-N, 0( GL IPS?Ct' ?(1? (L)il1?,?? r?s ????S
in a 5ryw-U C Fz? PC6) df-u- u rd CE- vjork i n 4-K-0 NP A
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS) N?
15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR
NATIONAL MARINE FISHERIES SERVICE REGARDING THE PRESENCE OF ANY FEDERALLY
LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL
HABITAT IN THE PERMIT AREA THAT MAYfIBE AFFECTED BY THE PROPOSED PROJECT.
DATE CONTACTED: ----- NG'# I (Pl.4 -ft)r wtt` kivl 'r R,' P??I kn bvfier
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA
WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED
17. DOES T tF PROJECT INVOLVE AN EXPEN i-i*uRE OF PUBLIC LULUS OT TtiL USE OF PUBLIC
(?TATB) LAND? YES Q NO U (a No, GO TO 16)
(a) IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUIVENT PURSUANT TO TIDE REQUIREMENTS OF THE NORTIJ CAROLINA
ENVIRONMENTAL POLICY ACT'? YI;S [] NO
(b) 1F YES, TNAS THE: DOCUMENT BEEN REVIEWED THROUGH THE 1WORTIT CAROLINA
DEPARTMENT OF ADUMSTRATION SLATE CLEARTNGHOUs15 YTS C3 ,40 U
It ANSWER 17b IS YES, THEN SUBXITT APPROPRIATE DOCUMENTATION FROM THE STATF.
C LEAR NGHOUSE WITH THE NORTH CAROLINA L•NYIRON141?vTAL Pol,irY ACT.
QIFF..ST'IONS REGARDING THE STATE CLtARINGHOliSE UVTCW PROCESS SHOULD BE
DIRECI'I;D TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARLYOIIOi;SE. NopTH
CAROLINA DEPARTMENT OF AnINU TSTRATION, 116 WEST JO\ES STREET, RALEIGH.
NORTH CAROLINA ).7603_8043. TELE111IONE [phone].
1A. T'HE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
ACTIVITY INVOLVES THE DISCBARGE OF fiXCAVATED OF FILL MATERIAL Ili.( U
WETLANDS. NIA
(a) WETLAND DELLNEATIO?,N M- AP SHOWING ALL WETLANDS, STREAMS, L,NMS, AND
PONDS ON THE PROPERTY (FOR NATION\VTI)F PERMIT NUMDERS 14, 1$.21, 26, 29, AND 38).
,%LL STREAM (INTERM=NT AND PERMANENT) ON THE PROPEKLY MUST BE SHOWN ()1'
THE MAP. MAP CCA.LES SI30ULD DE I INCH EQUALS 30 FEET OF 1 INCH EQ( rA LS 100 FFFT
OF THLHIR EQUIVALENT.
(b) IF AvAILABLE. REPRESENTA'1TA T PHOTOGRAPH OF MTETLARDS TO BE IMPACTED 13Y
PRODUCT.
(c) IF DELINEATION WAS PERFORMED BY A CONSULTANT. INCLUDE ALL nATA SHEETS
R F..LEVANr TO THE PLACENTI IT OF THE L)ELI4EA7lQN LL1'E_
(d) ATTACH A COPY OF THE; 1TIURMWATER MANAGEMENT PLAN W REQUIRED.
(t;) WRAT IS I-AND USE OF SURROI NDING PROPERTY?
(t) IF APPLICABLE, WNT4T IS PROPOSED METHOD OF SilVA6xE DISPOSAL?
SIGiNED AND DA'Z'ED AGENT AUTHORIZATIUN LETTER. IF A PPLICABLE.
NOTE. WETLANDS OR WATERS OF THE US MAY NOT BE JMP,tCTFT) PRIOR TO:
w 1 _ ISSUA-ICE OF A SECTION 444 CORPS OF ENQIIYEFRS P1s1t, iT,
2. EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF WATER QUALITY
CERTIFICATION, AND
3. (IN THI, TWENTY COASTAL COUNTIES ONLY), A LETTER I'RUM -1 -11E NOR'T'H
CAROLINA ROLINA DIVISION' OF COASMU MANAGEMENT STATING THE PROPOSED
ITH TIM NORTH CAROLINA COASTAL MANAGE,MR?.?T
OAIA
G Od
WADA
EM'S SI(AGENT
S SIGNATT;RE VALID ONLY
IF AUTROMZATION LETTER tROM
THE OWNER IS PROVIDW).