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Home My WebLink About20010018 Ver 1_COMPLETE FILE_20010108State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor Sherri Evans-Stanton, Acting Secretary Kerr T. Stevens, Director a ° o :f NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES January 17, 2001 Wake County DWQ Project Tot 010018 APPROVAL OF 401 Water Quality Certification and ADDITIONAL CONDITIONS and Neuse River Buffer Rules Douglas Y. Perry 100 E. Judd Street Zebulon, NC 27597 Dear Mr. Perry: You have our approval, in accordance with the attached conditions and those listed below, to impact 32 linear feet of stream channel and the associated riparian buffers in Wake County for the purpose of road crossing construction, as you described in your application received by the Division of Water Quality on January 8, 2001. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3287. This certification allows you to use Nationwide Permit Number 39 when the Corps of Engineers issues it. This approval is also valid for the Neuse River Buffer Rules (15A NCAC 213 .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 Water shed 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. 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). 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 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 protected stream buffers. 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 Dorney at 919-733-9646. Attachment cc: Corps of Engineers Raleigh Field Office Raleigh DWQ Regional Office File Copy Central Files i cere 1 Stev 010018 Division of Water Quality • Non-Discharge Branch 1621 Mail Service Center, Raleigh, NC 27699-1621 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper http://h2o.enr.state.nc.us/wellandc.htmi J'A 1 8 2001 ` ,. "4011SSUED" 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 MUST BE SENT TO THE NC DIVISION OF WATER QUALITY, ATTN: JOHN DORNEY, 4401 REEDY CREEK ROAD, RALEIGH, NC 27607. PLEASE PRINT OR TYPE 1. OWNER'S NAME: Douglas Y. Perry PAYMENT 2. MAILING ADDRESS: 100 E..Tudd Street RECEIVED SUBDIVISION NAME Palomino Gaits CITY: Zebulon STATE: NC ZIP CODE: 27597 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): Mitchell Mill Road - SR 2224 3. TELEPHONE NUMBER: (HOME) _ (WORK) (919)269-2003 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: Wake -NEAREST TOWN: Barham SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.) 4300 feet south of the intersection of NC 96 and Mitchell Mill Road (SR 2224) 6. IMPACTED OR NEAREST STREAMIRIVER: Cedar Forlc Stream RIVER BASIN: Neuse 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 ErIF YES, EXPLAIN: _ (b) IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES ? NO Y (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? - 8. (a) HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROJECT? YES ? NO [f? 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 ? NO IF YES, DESCRIBE ANTICIPATED WORK: _ 9. (a) ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: 67.19 Acres (b) ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 0. 10. (a) NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING:0 EXCAVATION:0 FLOODING: 0 OTHER : 0 DRAINAGE : 0 TOTAL ACRES TO BE HvIPACTED: 0 (b) (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION: LENGTH BEFORE: 32 FT AFTER: 32 FT WIDTH BEFORE (based on normal high water contours): 5 FT AVERAGE DEPTH BEFORE: 1 FT AFTER: 1 FT (b) (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 BY 11 DRAWINGS ONLY) Drivewav constniction. 13. PURPOSE OF PROPOSED WORK: Drivewav constniction. 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS) It is a suitable location to provide access to the lots. 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 MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: NA 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 NA. 17. DOES THE PROJECT INVOLVE AN E)MENDITURE OF PUBLIC FUNDS OT THE USE OF PUBLIC (STATE) LAND? YES ? NO (IF NO, GO TO 16) (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 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM 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 (919) 733-6369. 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 STORM-WATER MANAGEMENT PLAN IF REQUIRED. (c) WHAT IS LAND USE OF SURROUNDING PROPERTY? (1) IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS 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, 100 o -000 V-61 OWNER'S/ NT'S SIGNATL?t DATE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED). '? • ?' \ 1? -?\`\\ 1 (? ?r /? /? ail ` J1? 1 ?/ i f`R\?/. •? T 1 1I /;0? %? OO?? ?.?-?l lii?/j J ' ?//?3?0? ( C`•yri_? ?I i 3982 - L> 7??1., M' v - ?-`,?/ \\? '' ?f /?,,," /r ,? , • - __ i /i` / / 350 ' .\ •. 350 ?? ? ? ? r Yi? tV ' arnam ??n??3?- "tip 4? Z1 I CO fit Wt[Frell(Cem z o 2 `?; ? `'1[? 1 .. /^i? ? ?/ ??7 u " ? 2?e \• ??\ l l^ 1 /?1 ".,. ??. _ ??. ?% ? ? r (. min ,. " POL&ZS V I Lt_c 39 _. o>.?: _ !II lam, , ?i? •? ?I? --%`? ?y?;. 79 1. - - nol 41 3978 55, M 328 ?•'? ?'? ? ?,? 1' ?? ?? .??! ?-? ?? Mill' d ?.b?? ?? ?" ??? ? ?% . 350 1f cn _ -_; w?• . ,? 3917 ?? j'.? f ,?j :v ? oTp` / `J 7??0• e rr, 2 13 jen ^??n? r 750J Ilv??_I ,? ..?a• \ r J-?k'?. J rl\ i / 1?_ S ot- I ?? o ell- °.` f(?i- : 1 :/".?• 'i.'\'?? ;!!". ? \J-11 ,? J? - ..., ?^I 11.1'1 I I / ? --- g N ZVI Z O F as ?? ?? W yy ?? $ ?' ?` $?g J c 9 t5 3 g s u 000.-3 H ? / N I ? N -N? ? 44 / 2 ?,O?QJ cl \ 8 ?a, \ N C I N ( \ O? \ b << Piz N Q / C \NN RE I Land Surveyor The Summit at Meadowlands allemiin 1000 Corporate Drive, Suite 101 Hillsborough, NC 27278 1 -- ? `- Telephone (919) 732-3883 arker Inc. Fax (919) 732-6676 Civil Engineer 82001 0 '1 V ` TO J J hN 170"-e_ DATE 4 x{(71 iZ??DY Ci7xe lC JOB NO CO -1 2. 2ALE1y1-k NG Q-I(v0-1 PROJECT ?i?k (g,N rnlO (S rat- L +-S RE: hiZi? - Cc?n S i ?uc=i ?n ??p?,L.l-l-iiy?l GENTLEMEN: WE ARE (/) ATTACHING ( ) SENDING UNDER SEPARATE COVER, THE FOLLOWING COPIES DATE DESCRIPTION 1f/ -Z_.1 01 irZc-Cons??U????n /r?????•Cl?TiU? 1 IT! o1 ?) FOR APPROVAL APPROVED AS SUBMITTED FOR REVIEW & COMMENT FOR YOUR USE PAYMENT j APPROVED AS NOTED RECEIVED REMARKS: Callemyn-Parker, Inc. BY: TITLE: