20001339 Ver 1_COMPLETE FILE_20001020

I-
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
4 •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
November 6, 2000
Wake County
DWQ Project # 001339
APPROVAL of Neuse River Buffer Rules with Additional Conditions
Brownfields Redevelopment International LLC
130 Edinburgh South, Suite 200
Cary, NC 27511
Dear Sirs:
You have our approval to impact 50 feet of an unnamed tributary to Walnut Creek and the associated riparian buffers in
Wake County for the purpose of commercial construction, as you described in your application received by the Division of
Water Quality on October 20, 2000. After reviewing your application, we have decided that this project is covered by 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, Coastal Stormwater, 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. 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. For this approval to be
valid, you must follow the conditions listed below.
1. Stormwater shall be directed to sheetflow at non-erosive velocities through the protected stream buffer.
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, 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 approval 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,
01 ?Stev
Attachment
cc: Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
Soil and Env Consultants Inc, 11010 Raven Ridge Road, Raleigh, NC 27614
File Copy
Central Files 001339
Division of Water Quality • Non-Discharge Branch
1621 Mail Service Center, Raleigh, NC 27699-1621 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
http://h2o.enr.state.nc.us/wetlandc.htmi
001339
Soil & Environmental Consultants, Inc.
11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
Web Page: www.SandEC.com
Apl/SSGFO?
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.

NCDENR-DWQ
Attn: Mr. John Dorney
4401 Reedy Creek Road
Raleigh, NC 27606
October 20, 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 Caraleigh Mill Renovation
Raleigh, Wake County, North Carolina
S&EC Project #: 00-5541
Dear Mr. Dorney and Mr. Tugwell,
On behalf of Brownfields Redevelopment International, 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 access road and an existing industrial
mill site development, is located on the south side of Maywood Avenue and north of
Walnut Creek, Raleigh. Please refer to the attached USGS Quad for the project's
location. The property comprises approximately 15 acres. A substantial area of
jurisdictional wetlands exists on-site in the flood plain of Walnut Creek. No impacts are
proposed to these areas. Only the previously developed portion of the site is to be
redeveloped (See attached site plan).
Wetland Delineation/Permitting/Mitigation Soil/Site Evaluations On-Site Septic Systems Environmental Assessments/Audits
Neuse Basin and Watershed Buffer Evaluations Groundwater Hydrology Endangered Species
Western Branch Offices: [phone] • [phone] • [phone]
October 20, 2000
S&EC Project #: 00-5541
Page 2 of 3
Construction of the proposed access road will impact 50 linear feet of rip rapped stream
channel with an average width of 4 feet (200 square feet) and 0.094 acres of non-forested
(grassed) stream buffer.
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. The purpose of the road crossing is to provide assess to the site from
Maywood Road. The channel must be crossed in order to achieve the project's purpose
and comply with the City of Raleigh requirements. The applicant designed the proposed
road alignment to cross the channels perpendicularly as possible while still aligning with
Moring Street. The proposed commercial development for the tract located north of
Dillard Drive was designed to avoid any other stream channel or wetland impacts. The
remaining wetlands present on the site will be avoided by any proposed future
development. We understand from our telephone conversation with John Dorney
regarding stormwater management requirements on September 13, 2000 that stormwater
treatment ponds are not required for a project if the project impacts are below the 401
water quality certification threshold for written concurrence even if notification for
Buffer Compliance is required. S&EC believes that the unavoidable adverse effects of
the project are minimal due to the minimization of impacts and preservation of high
quality wetlands. 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 (0.005 acre/50 linear feet), S&EC believes that stream channel mitigation
should not be required.
Both Walnut Creek and the unnamed tributary are subject to the Neuse River Basin
riparian buffer rules. On July 19, 2000, Steve Mitchell conducted a site visit to confirm
the presence of the buffered stream. A small area of gravel parking lot was excluded due
to the lack of vegetation and existing use (See map). Current NC-DWQ policy allows
road crossings of buffers without mitigation if the impacts are less than or equal to 150
linear feet of stream channel or 1/3 of an acre of riparian buffer. Because the project
impacts are within these thresholds, S&EC believes that riparian buffer mitigation should
not be required.
Sincerely,
CKUA/ 0, A&qmdo
Kevin C. Martin,
President
October 20, 2000
S&EC Project #: 00-5541
Page 3 of 3
Attachments:
Pre-construction (PCN) notification form
Site Location Map
Proposed Impact Map
Agent Authorization Form
DWQ ID:
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: Brownfields Redevelopment International LLC
2. Mailing Address: 130 Edinburgh South, Suite 200
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 15 acres in size and is located on the south side of
Maywood Avenue approximately 2000 feet east of Lake Wheeler Road (SR 1009) in
Raleigh, Wake County, North Carolina.
3) Telephone Number (Home):
(Work): [phone]
4) If applicable, agents 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 USGS vicinity map attached.
6. Impacted or nearest stream/river: Unnamed tributary of Walnut 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 ? NO 0 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. 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 0 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: 15
9b. Estimated total number or acres of wetlands located on project site: unknown
more than 5
10a. Number of acres of wetlands* impacted by the proposed project by:
Filling: 0.005
Flooding:
Excavation:
Other:
Drainage: Total acres to be impacted: 0.005
* Impacts are to stream channels only
10b. (1) Stream channel to be impacted by the proposed project (if relocated,
provide distance both before and after relocation):
Length before: 50 After:
0
Width Before (based on normal high water contours): 4'
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? NA
What is the expected pond surface area? N/A
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 (office) development will be constructed on the existing developed
portion of the property and an access road will be constructed using conventional
heavy equipment.
13. Purpose of proposed work: The project will provide commercial space and an
access for redevelopment of an existing developed site.
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
attached S&EC cover letter.
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 El 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.
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 and
Residential
f. 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.
?612
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[Agent's signature valid only if Agent Authorization Letter from the owner is provided
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001339
Environmental Consultants, Inc.
Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
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.

en1 ?3
NCDENR-DWQ
Attn: Mr. John Dorney
4401 Reedy Creek Road
Raleigh, NC 27606
October 20, 2000
US Army Corps of Engineers
Attn: Mr. Todd Tugwell
6508 Falls of the Neuse Rd., Ste. 120
Raleigh, NC 27615
RE: Nationwide PermitBuifer Compliance Request
Proposed Caraleigh Mill Renovation
Raleigh, Wake County, North Carolina
S&EC Project #: 00-5541
Dear Mr. Dorney and Mr. Tugwell,
On behalf of Brownfields Redevelopment International, 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 access road and an existing industrial
mill site development, is located on the south side of Maywood Avenue and north of
Walnut Creek, Raleigh. Please refer to the attached USGS Quad for the project's
location. The property comprises approximately 15 acres. A substantial area of
jurisdictional wetlands exists on-site in the flood plain of Walnut Creek. No impacts are
proposed to these areas. Only the previously developed portion of the site is to be
redeveloped (See attached site plan).
Wetland Delineation/Permitting/Mitigation Soil/Site Evaluations On-Site Septic Systems Environmental Assessments/Audits
Neuse Basin and Watershed Buffer Evaluations Groundwater Hydrology Endangered Species
Western Branch Offices: [phone] • [phone] • [phone]
October 20, 2000
S&EC Project #: 00-5541
Page 2 of 3
Construction of the proposed access road will impact 50 linear feet of rip rapped stream
channel with an average width of 4 feet (200 square feet) and 0.094 acres of non-forested
(grassed) stream buffer.
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. The purpose of the road crossing is to provide assess to the site from
Maywood Road. The channel must be crossed in order to achieve the project's purpose
and comply with the City of Raleigh requirements. The applicant designed the proposed
road alignment to cross the channels perpendicularly as possible while still aligning with
Moring Street. The proposed commercial development for the tract located north of
Dillard Drive was designed to avoid any other stream channel or wetland impacts. The
remaining wetlands present on the site will be avoided by any proposed future
development. We understand from our telephone conversation with John Dorney
regarding stormwater management requirements on September 13, 2000 that stormwater
treatment ponds are not required for a project if the project impacts are below the 401
water quality certification threshold for written concurrence even if notification for
Buffer Compliance is required. S&EC believes that the unavoidable adverse effects of
the project are minimal due to the minimization of impacts and preservation of high
quality wetlands. 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 (0.005 acre/50 linear feet), S&EC believes that stream channel mitigation
should not be required.
Both Walnut Creek and the unnamed tributary are subject to the Neuse River Basin
riparian buffer rules. On July 19, 2000, Steve Mitchell conducted a site visit to confirm
the presence of the buffered stream. A small area of gravel parking lot was excluded due
to the lack of vegetation and existing use (See map). Current NC-DWQ policy allows
road crossings of buffers without mitigation if the impacts are less than or equal to 150
linear feet of stream channel or 1/3 of an acre of riparian buffer. Because the project
impacts are within these thresholds, S&EC believes that riparian buffer mitigation should
not be required.
Sincerely,
Kevin C. Martin,
President
October 20, 2000
S&EC Project #: 00-5541
Page 3 of 3
Attachments:
Pre-construction (PCN) notification form
Site Location Map
Proposed Impact Map
Agent Authorization Form
DWQ ID:
Corps Action ID:
Nationwide Permit Requested (Provide Nationwide Permit ft 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: Brownfields Redevelopment International LLC
2. Mailing Address: 130 Edinburgh South, Suite 200
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 15 acres in size and is located on the south side of
Maywood Avenue approximately 2000 feet east of Lake Wheeler Road (SR 1009) in
Raleigh, Wake County, North Carolina.
3) Telephone Number (Home):
(Work): [phone]
4) If applicable, agenfs 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 USGS vicinity map attached.
6. Impacted or nearest stream/river: Unnamed tributary of Walnut 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 ? NO El If yes, explain:
7b. If the project is located within a North Carolina division of coastal management
area of environmental concern (AEC)? YES ? NO 0
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 El 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 FK 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: 15
9b. Estimated total number or acres of wetlands located on project site: unknown
more than 5
10a. Number of acres of wetlands* impacted by the proposed project by:
Filling: 0.005
Flooding:
Excavation:
Other:
Drainage: Total acres to be impacted: 0.005
* Impacts are to stream channels only
10b. (1) Stream channel to be impacted by the proposed project (if relocated,
provide distance both before and after relocation):
Length before: 50 After:
0
Width Before (based on normal high water contours): 4'
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: ?
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? NA
What is the expected pond surface area? N/A
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 (office) development will be constructed on the existing developed
portion of the property and an access road will be constructed using conventional
heavy equipment.
13. Purpose of proposed work: The project will provide commercial space and an
access for redevelopment of an existing developed site.
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
attached S&EC cover letter.
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 D 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.
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 and
Residential
f. 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.
1%2 a/o
rCrwO% ner' en Signature Date
[Agent's signature valid only if Agent Authorization Letter from the owner is provided
(18 g.0)]
10/16/00 08:27 $9198361280
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