20001252 Ver 1_COMPLETE FILE_20000928

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
Q
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D E N R
November 14, 2000
DWQ# 00-1252
Wake County
Mr. and Mrs. F.W. Dellinger
207 Annandale Drive
Cary, NC, 27511
APPROVAL of Neuse River Buffer Rules with Additional Condition
Dear Mr. Dellinger:
You have our approval to construct a commercial development on the Dellinger Property in Wake County, as described in
your application received on September 28. 2000. This approval is 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.
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 approval or 401 Certification. If the
property is sold, the new owner must be given a copy of this 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). In order for this approval to be valid, you must follow the condition
included 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. 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). A sample deed notification format can be downloaded from
the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands .
2. An additional condition is that stormwater shall be directed to diffuse flow at non-erosive velocities through the protected
stream buffers
If you do not accept any of the conditions of this approval, 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 conforming to Chapter 150B of the
North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 276 1 1-7417. 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 the Neuse River Buffer Rules. If you have any
questions, please telephone John Dorney at 919-733-9646.
Sincerely,

Non-Discharge Branch 1621 Mail Service
Telephone [phone]
Raleigh, North Carolina 27699-1621
FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/l0% post consumer paper
MEMORANDUM
TO: John Dorney Regional Contact: Charles Brown
Non-Discharge Branch WQ Supervisor: Ken Schuster
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Dellinuer Propert
Project Number 00 1252
Recvd From APP
Received Date 9/28/00 Recvd By Region
Project Type subdivision
County Wake
County2
Region Raleigh
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet am
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
NB7 F_
R O 1 OO " 27 43 3.5 wslll NSw 30,402. 0.13 F F_-
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? Q Y (0 N Did you request more info? Q Y Q0 N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y (0 N
Is Mitigation required? p Y * N Recommendation: Q Issue 0 Issue/Cond O Deny
Provided by Region: Latitude (ddmmss) 354517 Longitude (ddmmss) 784449
Comments:
Issue with standard language concerning n .use buffer and achieving sheet flew before stormwater
enters the buffer,
cc: Regional Office
Central Office Page Number 1
Facility Name Dellinger Property
Project Number 00 1252
Comments (continued from page 1):
County Wake
Regional Contact: Charles Brown
Date:
cc: Regional Office
Central Office Page Number 2
01252
This application is provided to NC-DWQ for buffer compliance only. It is not a 401
water quality certification request; therefore, a check has not been enclosed.
6L r,
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NCDENR-DWQ
Attn: Mr. John Dorney
4401 Reedy Creek Road
Raleigh, NC 27606
September 28, 2000
US Army Corps of Engineers
Attn: Mr. Todd Tugwell
6508 Falls of the Neuse Rd., Ste. 120
Raleigh, NC 27615
RE: Nationwide Permit/Buffer Compliance Request
Proposed PUD for the Dellinger Property
Cary, Wake County, North Carolina
(Latitude/Longitude: 35°45'18" N 78°44'53"W)
S&EC Project #: 99-4427
Dear Mr. Dorney and Mr. Tugwell,
On behalf of Mr. and Mrs. F.W. Dellinger (property owner), we hereby request
authorization from the US Army Corps of Engineers to use Nationwide Permit 39 for the
subject project to cover permanent impacts to stream channels and wetlands. We also
request written concurrence from the NC Division of Water Quality (NC-DWQ) that the
project complies with the Neuse River Basin buffer rules. A Pre-construction
Notification Application (PCN) is attached, which includes an agent authorization form.
The subject property, which consists of a proposed connector road and a commercial
development, is located on the east side of Piney Plains Road (SR 1423) approximately
2000 feet south of the Cary-Macedonia (SR 1313) and Piney Plains Road intersection in
Cary, Wake County, North Carolina. Please refer to the attached map (Figure 1) for the
project's location on a USGS topographic quadrangle. The property comprises
approximately 38 acres, 0.90 acres of which are jurisdictional wetlands.
Wetland Delineation/Permitting/Mitigation Soil/Site Evaluations On-Site Septic Systems Environmental Assessments/Audits
Neuse Basin and Watershed Buffer Evaluations Groundwater Hydrology Endangered Species
Environmental Consultants, Inc.
Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
Western Branch Offices: [phone] • [phone] • [phone]
September 28, 2000
S&EC Project #: 99-4427
Page 2 of 2
Construction of the proposed connector road will impact 140 linear feet of stream
channel (Impact Area #3) with an average width of 4 feet (560 square feet) and portions
of three headwater forest wetlands totaling 1,874 square feet (Impact Area #2, 4, & 5).
The proposed commercial development portion of the project will impact 3,347 square
feet of linear headwater forest wetland. The total jurisdictional area (wetlands and stream
channel) permanently impacted by the proposed project is 0.13 acre.
The USACE's current policy requires applicants to avoid and minimize wetland and
stream channel impacts to the maximum extent practicable and compensatory mitigation
to offset unavoidable losses of waters of the US when impacts exceed the requirements
for notification (0.10 acre). The purpose of the road crossing is to connect Dillard Drive
at its intersection with Piney Plains Road to Tryon Road. Speight Branch must be
crossed in order to achieve the project's purpose. The applicant designed the proposed
road alignment to cross Speight Branch perpendicularly to minimize impacts to the
stream channel and adjacent wetlands. The proposed commercial development for the
tract located north of Dillard Drive was designed to avoid stream channel impacts. The
remaining wetlands present on the site will be avoided by any proposed future
development. A 100-foot wide vegetative buffer will be established around Speight
Branch as required by the Neuse River Basin buffer rules and the Town of Cary's
Stormwater Plan for Nitrogen Control. Additionally, the applicant proposes to construct
three wet impoundments designed to treat stormwater runoff from the site. The location
of the ponds will be determined at the time of site plan approval. We understand from
our telephone conversation regarding stormwater management requirements on
September 13, 2000 that the design of the ponds does not require NC-DWQ approval
because project impacts are below the 401 water quality certification threshold for written
concurrence. S&EC believes that the unavoidable adverse effects of the project are
minimal due to the establishment of the aforementioned vegetative buffers and
construction of the proposed water quality ponds. Therefore, compensatory mitigation
should not be required.
NC-DWQ's current policy does not require written concurrence or mitigation for wetland
and stream channel impacts below 1/3 of an acre and 150 linear feet. Because the
proposed cumulative impacts resulting from the project do not exceed the aforementioned
thresholds (0.13 acre/ 140 linear feet), S&EC believes that wetland or stream channel
mitigation should not be required.
Speight Branch is subject to the Neuse River Basin riparian buffer rules. On April 11,
2000, Charles Brown conducted a site visit to confirm the presence of the buffered stream
(DWQ Reference # NBRRO 00-112). Enclosed is a copy of Mr. Brown's letter
confirming the buffer determination. The proposed connector road will also impact 0.24
acre of riparian buffer and 140 linear feet of stream channel as indicated above. Please
refer to the "no practical alternative" letter prepared by Russell Briggs of The Rose
Group and attached to the PCN, which explains the purpose and alignment of the
connector road. Current NC-DWQ policy allows road crossing without mitigation if the
impacts are less than or equal to 150 linear feet of stream channel or 1/3 of an acre of
September 28, 2000
S&EC Project #: 99-4427
Page 3 of 3
riparian buffer. Because the project impacts are within these thresholds, S&EC believes
that riparian buffer mitigation should not be required.
Sincerely,
Jennifer A. Burdette
Environmental Scientist

Kevin C. Martin
President
Attachments:
Pre-construction (PCN) notification form
Site Location Map
Proposed Wetland Impact Map
Agent Authorization Form
"No Practical Alternative" letter (8/16/00)
NC-DWQ Buffer Subjectivity Letter (5/12/00)
c: Kathryn McPherson - The Rose Group
DWQ ID
,DO1252
Corps Action ID:
Nationwide Permit Requested (Provide Nationwide Permit #)
39
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: Mr. & Mrs. F.W. Dellinger
2. Mailing Address:
207 Annandale Drive
Subdivision Name:
City: Cary
State: NC Zip Code: 27511
Project location address, including subdivision name (if different from mailing address
above): The project is approximately 38 acres in size and is located on the east side of
Piney Plains Road (SR 1423) approximately 2000 feet south of the Cary-Macedonia (SR
1313) & Piney Plains Road intersection in Cary, Wake County, North Carolina.
3) Telephone Number (Home): (Work): c/o Mr. Ted Reynolds
[phone]
4) If applicable, agent's name or responsible corporate official, address, phone
number:
Soil & Environmental Consultants, Inc Phone: [phone]
11010 Raven Ridge Road Fax: [phone]
Raleigh, NC 27614
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: Cary
Specific Location (include road numbers, landmarks, etc.):
See project location above and Figure 1.
6. Impacted or nearest stream/ river: Unnamed tributary of Speight Branch
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 px
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: All remaining
wetlands on the property will be avoided by future development.
9a. Estimated total number of acres in tract of land: 38
9b. Estimated total number or acres of wetlands located on project site: 0.90
10a. Number of acres of wetlands* impacted by the proposed project by:
Filling: 0.13
Flooding:
Excavation:
Other:
Drainage: Total acres to be impacted: 0.13
* Impacts to stream channels are also included
10b. (1) Stream channel to be impacted by the proposed project (if relocated,
provide distance both before and after relocation):
Length before:
140 After:
0
Width Before (based on normal high water contours): 4 ft.
Width After: 0
Average depth before: NA After: NA
(2) Stream channel impacts will result from: (check all that apply)
Open channel relocation: ? Placement of pipe in channel: 0
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? Three water quality ponds are proposed for the project; however, their
location will be determined at the time of site plan approval.
What is the expected pond surface area? See above
12. Description of proposed work including discussion of type of mechanical
equipment to be used (attach plans 81/2" x 11" drawings only):
A commercial development will be constructed on the portion of the property
north of Dillard Drive, and a connector road will be constructed on the portion of
the property south of the Dillard Drive using conventional heavy equipment.
13. Purpose of proposed work: The project will provide commercial space and a
roadway connection between Piney Plains Road (SR 1423) and Tryon Road
(SR1009) for residents of the Town of Cary.
14. State reasons why it is believed that this activity must be carried out in wetlands
(include any measures taken to minimize wetland impacts)
Please refer to the
8/16/00 letter attached from Mr. Russell Briggs of The Rose Group
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 USACE
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 USACE
17. Does the project involve an expenditure of public funds or the use of public (state)
land?
YES ? NO 0 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 answer 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.
On August 14, 2000, Mr. Todd Tugwell of the USACE approved the wetland
delineation that S&EC conducted for the property (Action ID #: 200021656).
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. See Action ID above.
d. Attach a copy of the stormwater management plan, if required.
e. What is land used of surrounding property? Commercial
If applicable, what is proposed method of sewage disposal? Municipal
sanitary sewer
g. Signed and dated agent authorization letter, if applicable. Attached
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.
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[Agent's signature valid only if Agent Authorization Letter from the owner is provided
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ep,30. 19991,12:50PM, THE ROSE GROUP/RALEIGH
i0 o•3738 P,P, 2
$oil & Environment-d COn91i1tant3 i244 Wet Mtiibroak Rarrc! • lta r,*h, NorM Carolina 27W91, (919) 8{?SpW ¦ Fax (,919) 84??
AGE Y' AVTHORIZA77ON FORM
Name: ,N ke. d

Phozte:
Projvt Name/DeschptiOtU La k (T Dgva*t ?ei x lT-
Date: _ . dl
The Department of the A=y
Ul Army Courts of En&eerr, Wftin&n Div tr1ct
P,O. Box
1'V'flmington, NC 28402
Art! Todd Tu well
lr'1414 Office: 1 e i h
Re: Wetlando Related ConsWung rand Permitung
To Whom It May Concern:
!, the cu,rzertit 1 41 Owner, heraby deel8nSte and authorise 699& PnVjxgr=enta,I Cotwu, hWbo, Ine, to
.ct in my bdu& as my agent i» the processing of perMit applications, to Jumish up= request
6upplitnentiti Worm&t ' in support of e?pplichtiane, etc, from this day forward. The.Z:j:% , day of
TWO notVication superseded any previous correapondam cos?cerning the ag t for thla pro)ect,
NOTICEt This t?utharlxSdM for Ilabaity end projesaioaal cawrl"y reason! ,,& vdLd only for
gavsrnment offidAle to enter the property when aecornpanied by U&SC staff. you should call ShRc
to arrange a aite meefLng prior to visMAS the site.
Francis W. Dellinger
Print Property Owner's Nome
cc; Mr, John Dorhey
N'CDLrR & NR - DwQ, WMer QuaUty 1'lanz*j
44011teedy Creek Road
ltnlelgtt, NC 27607
ZA,l -"), L
&A a
Property Owttez l EirAture
CC.; Mr, Kevin Martin
Soil & Environmental cowuit=tv, 1W,
Apnt,ftm
2 ,Nlappirng and P11yoical Analysl$ I Wctanc$ Mapping and Midgrttion W rrrwirommental Avdi+
()n-,mo waste 'rreicrnent Systcn).4, I v,1iu:ition -and DesiKr,
THEE
ENGINEERS
PLANNERS
SURVEYORS
GROUP
August 16, 2000
Mr. Kevin Martin
Soil & Environmental Consultants
244 West Millbrook Road
Raleigh, NC 27609
RE: North-South Connector Alignment
Mr. Martin,
This letter will serve as a brief explanation of the alignment of the North-South Connector
shown on the Dellinger PUD.
OFFICES IN
Fayetteville
Raleigh
The Town of Cary adopted a Southeast Gateway Plan on March 12, 1998. This plan showed
the North-South Connector on a fairly straight alignment from the Dillard Drive intersection to
Tryon Road. This alignment would have impacted the Neuse River Buffer and Wetlands to a
much greater degree than the proposed alignment. We worked with the Town of Cary to revise
the alignment to cross Speight Branch as near to a right angle as possible while maintaining the
geometric constraints imposed by the Town of Cary. These constraints are normal and are part
of the American Association of State Highway and Transportation Officials (AASHTO)
guidelines. We believe this alignment minimizes the impact to the wetland areas on the
project.
If we may be of further assistance, please feel free to contact us.
Sincerely, ;i` ?q+QS,tp
THE ROSE GRO
SEAL
1185 ?`
Russell Brig s,
G C'
621-101 Hutton Street
Raleigh, NC 27606
[phone]
FAX[phone]
.t y
P4
I
1AMLB 8. 'HU.NT JR.
GOV5RNOR
-BILL HOLMAN
SECRETARY
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K?RRT. ST?yVE'?IS
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ID 19 (?? IR 0
MAY 1 7 2ooo
Mr. Kevin Martin
S&EC,Inc.
11010 Raven Ridge Road
Raleigh, NC 27614
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
RALEIGH REGIONAL OFFICE
DJVISION OF WATER QUALITY
May 12, 2000
Subject: Neuse River Basin
Riparian Buffer Rules
NBRRO 00-112
Dellinger Tract
Wake County
Dear Mr. Martin:
On April 11, 2000, I conducted a site visit of the feature involved in the above
referenced project. It was determined as a result of the site visit that the water channel
present on the property is subject to the Neuse River Basin: Nutrient Sensitive Waters
Management Strategy; Protection and Maintenance of Existing Riparian Areas,
Administrative Code T15A:02B.0233 (NCAC 0233). The subject water channel and the
approximate start of the neuse buffer are indicated on the attached map. The channel is an
unnamed tributary of Speight Branch.
This office has assigned the reference number of NBRRO 00-112 to this project.
Thank you for your attention to this matter and if this Office can be of any assistance or if
you have any additional questions concerning this letter, please do not hesitate to contact
me at 571-4700 ext. 237.
Jarl rel y,
es Brown
Environmental Specialist
cc: John Dorney, DWQ
\neusbuf.let\nbr00112.1et
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1628 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1628
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER
05/12/2000 08:39 9198469467 S EC
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