20000867 Ver 1_COMPLETE FILE_20000630

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For accounting purposes, this Certification authorizes the fill of 35 square feet of stream buffers,
in 030404 river and subbasin and 150 square feet of buffer restoration. Please be aware that the
Wetland Restoration Program (WRp) rules require rounding of acreage amounts to one-quarter acre
increments (15A 2R .0503(b)).
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 Dorney at 919-733-9646.
Sincerel ,
Pe. Attachment
cc: Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
Ron Ferrell; Wetland Restoration Program
File copy
Central Files
Todd St. John
Bill Piver; Piver & Associates
?l
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NORTH CAROLINA-DIVISON OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2 H.0233, Westminster Homes, Inc. has permission as outline below
for the purpose(s) of proposed sewer line. All activities associated with these authorized impacts must be
conducted with the conditions listed in the attached cetification transmitttal letter. THIS CERTIFICATION IS
NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT WETLANDRESTORATION PROGRAM
LOCATION
COUNTY:
BASIN/SUBBASIN
Carriage Woods subdivision
Wake
030404
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)
acres of Class WL wetlands
acres of riparian wetland
acres of non-riparian wetlands
acres of Class SWL wetlands
105 square feet of stream buffers mitigation
(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. PLEASE NOTE, THE ABOVE
IMPACTS ARE NOT AUTHORIZED UNT L YOU RECEIVED NOTIFICATION THAT YOUR
PAYMENT HAS BEEN PROCESSED BY THE WETLANDS RESTORATION PROGRAM.
ignature
Date
WETLANDS RESTORATION PROGRAM
DIVISON OF WATER QUALITY
1619 Mail Service Center
RALEIGH, N.C. 27669-1619
[phone]
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
Mr.Billy Johnson
Westminster Homes, Inc.
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
July 17, 2000
Wake County
DWQ Project # 000867
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS, WRP & Neuse
River Buffer Rules
3500 Regency Parkway
Suite F
Cary, NC 27515
Dear Mr. Johnson:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
material in 35 square feet of streams for the purpose of constructing a sewer line at Carriage Woods
subdivision on Hwy 54 between SR1655 and SR1650 in Wake County, as you described in your application
dated June 28, 2000, 2000. After reviewing your application, we have decided that this fill is covered by
General Water Quality Certification Number 3289. This certification allows you to use Nationwide Permit
Number 12 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 remaining jurisdictional wetlands and waters 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 non-erosive
velocities through the protected stream buffers.
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: DENR - 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.
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
IRA
. i0-.Ai s, t;
Piver & Associates, P.A.
8009 Creedmoor Road, Suite 200 • Raleigh, North Carolina 27613
June 28,2000
1,9
NC Division of Water Quality
Attn: John Domey
4401 Reedy Creek Road
Raleigh, N.C. 27607 Q
t3 far <z_
Re: Sanitary Sewer Relocation
Carriage Woods Subdivision
Cary, N.C.
Dear Mr. Domey:
The developer of the referenced subdivision,. Westminster Homes, is being required by
the Town of Cary to relocate several existing, active public sanitary sewers due to
excessive depth of cover and infringement of structures into the public sewer
easements. To inject urgency into the matter the Town is withholding the certificate of
occupancy on several houses in the subdivision until this matter is resolved.
In an effort to comply with the Town's wishes the developer has asked Piver &
Associates to propose the route of the required sewer relocation. As the subdivision is
built out the only available route requires encroachment into Town of Cary buffers as
well a Neuse River riparian buffer. The Town has reviewed the attached plan showing
the proposed route of this sewer relocation and has agreed to encroachment into their
buffers "if appropriate governmental authorities grant other applicable encroachments
and variances." As can be seen on the plan, all of the actual sewer installation and most
of the sewer's public easement will be running parallel to the riparian buffer in its zone 2.
We understand that is allowed by current regulations. However, the proposed route does
require clearing and maintenance of the sewer easement into the riparian buffer's zone
1.
In pursuit of permission to clear in both zones as shown on the plan, we spoke with Mr.
Bob Zarzecki of your office. He indicated that we could receive permission for this
encroachment by submitting a Pre-Construction Notification to your office. We have filled
out our Pre-Construction Notification and it is attached. Please consider this letter, along
with the Pre-Construction Notification, as our formal request to clear and install sewer
within the Neuse River riparian buffer as shown on the attached plan.
Your prompt attention to this matter would be greatly appreciated as several house
closings are on hold until the Town receives an indication from your office that
permission for the proposed relocation will be forthcoming from your office.
Iiam ly,
so iates, P.A. C wPiver, PE
Tel: 919 / 844-9060 • Fax: 919 / 844-9070 9 E-mail: [e-mail]
r

i t 4
'2111E_
DWQ ID: _00 O " 6 CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #)
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFCATION
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 04GINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
(7) COPIES MUST BE SENT TO THE NC DIVISION OF WATER
QUALITY. ATTN: JOHN DORNEY. 4401 REEDY CREEK ROAD,
RALEIGH. NC 27607. PLEASE PRINT OR TYPE.
Np/11FS ?/f?G•
1. OWNER'S NAME: u/4ST 1&5-rE-47
Sp © /Q?T?'/j?C Y T f?Rx1'YAy?_
2. MAILING ADDRESS:
SUBDIVISION NAME
CITY: GARS STATE: /?C 7.IP CODE: _97515-
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DUTEREN
MAILING ADDRESS ABOVE): l'/4im l A q7C I G/,QC L
Mc>8/4"
3. TELEPHONE NUMBER: ) 9-? Z "OP8 (WORK) '¢'a2 " .007c'
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: Ql L y N-5c=?
V ' 5p•v_5-n2U< T/ oi?
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: ?AffC - NEAREST TOWN: e4g)(
//eHEt7 tISCTS 12ppv ,?-RA't1 / G MAP
SE,' //,,7r
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.)
01V IVWY 54 ,FKT?cC'i? -5"91,65-5 CM9Zry-- ROAD
A& 1) i?.? 16 50
6. IMPACTED OR NEAREST STREAMIRIVER: 2? J Bjlr"Y
RIVER BASIN: /16?,C
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURSE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-In? YES ( ) NO (-%A IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONENTAL 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?
,v /A
8a. 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 ADDITI NAL INFORMATION (INCLUDE 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 NUMBERS OF ACRES IN TRACT OF LAND: / , / 60
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
/1/DNc'
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
Noyc=

FILLING: EXCAVATION:
FLOODING:
OTHER:
DRAINAGE : TOTAL ACRES TO BE IMPACTED:
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF //?
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION: /1/
LENGTH BEFORE: FT AFTER: FT
WIDTH BEFORE (based on normal high water contours):
FT
AVERAGE DEPTH BEFORE: FT AFTER: FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: COONSTRUCTION OF A DAM/FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED e
DRAINING TO THE POND? WHAT 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 11 DRAWINGS ONLY)
?E4?c??ian/oFE?ISTii?? 5 A411Tide? en/(55<
13. PURPOSE OF PROPOSED WORK: R,95'1-/E1/c'
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE' WETLAND IMPACTS)
Alp I/19?i} (- % 0,11 /4/112 614 L?
15. YOU ARE REQUIRED TO CONTACT 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 THAT MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED:
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA
WHICH )1 Y BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED
IV A
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OT THE USE OF
PUBLIC (STATE) LAND? YES ( ) NO (?() (IF NO, GO TO 16)
a. IF YES, DOES THE PROJECT REQUIRE PREPERATION OF AN ENVIRONMENTAL
DOCUMENT PURUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA
ENVIRONMENTAL POLICY ACT? YES ( ) NO ( )
b. IF YES, HAS THE DOCUMENT BEEN REFIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES ( ) NO ( )
IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATIONFROM THE STATE
CLEARINGHOUSE 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 OF 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 STREAM (INTERMITTENT AND PERMANENT) ON THE PROPERTY
MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET
OF 1 INCH EQUALS 100 FEET OF THEIR EQUIVALENT.
b. IF AVAILABLE. REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED
BY PRODUCT.
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 USE OF SURROUNDING PROPOERTY?
E IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
1-EA14 921.5-LIA16r 5C 6X A<,T 1 cAt .4/ -rl L

g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WTLANDS OR WATERS OF THE US 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 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,
d
OWNER'S/ ATURE DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED).
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