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Home My WebLink About20010193 Ver 1_COMPLETE FILE_20010208Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Kerr T. Stevens Division of Water Quality April 17, 2001 DWQ# 01-0193 Wake County Airvest LLP 10305 Penny Road Raleigh, NC 27606 APPROVAL of 401 Water Quality Certification Dear Sirs: You have our approval, in accordance with the attached conditions, to place fill in 145 linear feet of Barkers Creek in order to construct a road crossing in Wake County, as described in your revised application received by the Division of Water Quality on April 2, 2001. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3289. This Certification allows you to use Nationwide Permit Number 14 when it is issued by the U.S. Army Corps of Engineers. 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. Also this approval will expire when the accompanying 404 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 for a new certification. If the property is sold, the new owner must be given a copy of the 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. 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. Sincerely, ----- r .Stevens ----- - Attachment cc: Corps of Engineers Raleigh Regulatory Field Office Raleigh DWQ Regional Office Central Files File Copy North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 010 772 '1 470C i i . :span 7" ccn-2 /;--N k++--Il')- + +? - nn/n.. -fI A,I tT, ?} r M_8m . 010193 DWQ ID: CORPS ACTION W: NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #) PR&CONSTRUCTION NOTIFICATION APPLICATION ?j ?n FOR NATIONWIDE PERMITS THAT REQUIRE: 1) NOTIFICATION TO THE CORPS OF ENGINEERS 2) APPLICATION FOR SECTION 481 CERT FCATION 3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT SEND THE ORIGINAL AND (1) COPY OFT HM COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE OF T HE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET'). SEVE t7) COPIES MUST BE SENT TO THE NC DI'P.ISION OF WATER UALTTY, ATTN; JOHN DORNEY, 4401 REEDY CREEK ROAD. RALEIGH. NC 27607. PLEASE PRINT OR TYPE. 1. OWNER'S NAME: Airvest LLP 2. MAILING ADDRESS: 10305 Penny Road SUBDIVISION NAME CZTy. Raleigh STATE: NC 21PCODF. 27606 PROJECT LOCATION ADDRESS. INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE):_ Braxton Village Subdivision off Avent Ferry Road 3. TELEPHONE NUMBER: (HOME ) (WORK} 362-7477 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL. ADDRESS. PHONE NUMBER: Harvey Montague 10305 Penny Road Raleigh, NC 27606 5. LOCATION OF WORK (PROVIDE A MAP. PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): . COUNTY: Wake -NEARESTTOWN. Holly Springs n -?< rn rT z SPECIFIC LOCATION (INCLUDE ROAD NUMBERS. LANDMARKS. ECT.) Impact at end of Holly Thorn Trace off Texanna Way in Braxton Village Subdivision 6. DAPACrEDORNEAREST STREAMMM Norris Branch FXYMRBASIN; Cape Fear 7s. - IS PROTECT LOCATED NEAR WATER CLASSMM AS TROUT. TIDAL SALTWATER. (SA)„ MGH QUALM WATERS Mn OUTSTANDING RESOURSE WATERS (ORVin, WATER SUPPLY (WS-1 OR WS-IM YES ( ) NO . ( X ) IF YES. Man": 7b. bS Tm PttOJECT LOC'ATm wrrm4.ANORTH CAROLiuA DIVL4IOP1 OF COASTAL MANAGEIu M AREA OF BNVIROMPNTAL CONCERN (AEC)? YES ( ) NO ( X ) 7c. IF TM PROJECT M LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES). WHAT IS THE LAND USE PLAN (LM DESIGNATION? N/A 8s. HAVE ANY SECTMN 404 PERMITS BEE24 PREVIOUSLY REQLIESTTs'D FOR USE ON TMS - PROJEM YES ( ) NO ( X ) ff YES. PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL DiFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): 8b. ARE ADDI'T'IONAL PM W REQUESTS E KP'ECM FOR THIS PROPERTY IN THE FUTURE? YES( ) NO ( X ) IF YES. DESCRIBE ANTIC MATW WORK: 9a. ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: 10A ar . f 9b. FAMMATED TOTAL NUMBER OF ACRES OF WETt ANDS L' "TED ON PROTECT SITh N/A - stream crossings 10a. NUMBER OF ACRES OF WETLANDS DRPACM BY THE PROPOSED PROJECT BY: FILLING: EXCAVATION: FLOODING: OTHER: 2 road crossings DRARLA,GB: TOTAL ACRES TO BE IMPACTED: 0.06 ac. Ift (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RIIACATFD. PROVIDE DISTANCE BOTH BEFORE AND -AFTER RELOCATION: 1 C 145' 1 Ca? 145' LENGTH BEFORE:'1 Cal 1 ? 5' FT AFTER: -1-2 195 Ft WIDTH BEFORE (based on nomW high wamr coamm): 10 FT AVERAGE D&vM BEFORE: 1 PT AFTER 1 I=i' (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (amm ALL THAT APPLY) OPEN CHANNEL RELOCATION:.__„__. PLAC WAENT OF PIPE IN CHANNEL:.= CHANNEL EXCAVATION: COONSTRUCTTON OF A DAMMLOODING: OTHER: 11. IF CONSTRUCTION OF A POND IS PROPOSED. WHAT IS TH ESEZE OF THE WATERSHED DRAINI NG TO THE•POND? WHAT IS TIME EXPECTED POND SURFACE AREA? N/A It DISCTIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED? (ATTACH PLANS; 8 U2 BY 11 DRAWINGS ONLY) Current roadway crossina reauires 90' twin 811 CAMP ,1 verts w/551 rip rap apron. Future crossina will renuirp 8n'_5411 _RCP w/45' rip rap.. ; _ 13. PURPOSE OF PROPOSED WORK: Roadway access required to property north of Norris Branch and west of tributary' 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACWMY MUST RE CARRIED OUT IN WETLANDS (INCLUDE ANY MEASURES TAKEN TO MIIJDAM WETLAND IMPACTS) There is no other way to access property without stream crossing. Tht- i mnant wa m-i ni mi zed by near p r endicular crossing 1S. YOU ARE REQUIRED. TO CONTACT THE US FISH AND WmDuFE SERVICE AND/OR NATIONAL MARINE FISHERIES SERIVt3 REGARDING THE PRESENCE OF ANY FEDERALY L151M OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY 114E PROPOSED PROJECT. DATE CONTACTED: N/A 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 N/A 17. DOES THE PROJECT INVOLVE AN -32MDMIRE OF PUBLIC FUNDS OT THE USE OF PUBLIC (STATE) LAND? - YES ( ) NO (. X ) (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 ( 1 IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUM MTATIONFROM THE STATE CtEARwamuSE WITH THE NORTH CAROLINA ENVIItONMENTAL POLICY ACT. QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE. NORTH CAROLINA DEPARTMENT OF ADMTNLSTRATION,116 WEST JONES SIFT, RAL IM 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 M IERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OF I INCH EQUALS 100 FEET OF THEIR EQUIVALENT. b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPHOF WETLANDS TO BE IMPACTED BYPRODUCT. c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION U NE d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED. a WHAT IS LAND USE OF SURROUNDING PROPOERTY? North - Undeveloped South - Residential subdivision East - Undeveloped West - Developed E IF APPLICABLE. WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? 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. 3)' 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. OWNER' GNATURE ZV,7I? ? r DATE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED). t Olk 'Lu tf -- silt-r+ 6A v /.+ ` ?,.•? , t ' ? # ? - ?'`x.-?,.y4,r'?y, t.?',?.*?"'''? "--rt, .!14 ! fk r r W h?.,?y?at c \ '? ,i?...!."•. i I,( `t i e t _1 W r i t ..?i? Jt:' `rL'sl r` a a°•"?r $ 0:?3'I ,.,..,.._. f k t( LL- t? --.?'?' "? ,. -JN --4 ??" i.°' ., ,yd?r ?` 1 t. t?? ^ ".,.?d lJ ,v$' +`"_34?• .l Y ' t ,?? r+ t t .l' r..J y t"r k 4n i ? ?`...?.'^k .F? .''?'; Jv>'? yr, S..?s?? ' I. ?.b'Ri. 'r -""" .,?°'???? y d 9 'ro ?t f ? •I '? ^:.. y ?s rpp II"ti-.? ?` >y,,?re ?" ?-- r``, tilyv ?? i ?n??"8 f::: , der t - t z f w i r k t.: ! f •."R C 1 1. ? _ t Y 'S ` ?`!` 1 ""`'?',_ r w ' / !/ _ `mow ?' ?'?? t' ?? ??~? it' ST t r < BRAX'I`ON VILLAGE"" P,?U*-W scate 1'=500' r r L EV \ 1J1 r ' 60 3.1597 S 0.233 i^ FE 317.5 .61. 36 / 87 .2172 SQ FT .2002 ACRES 131 6 31b - --- ---------- :. Q? e ? 1 ? e \ \ e ?v 371 21984.6 SQ F E T? 0.5047 AC(?S !? A 4-ff-? ,:l7-49, 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. Harvey Montague Airvest LLP 10305 Penny Road Raleigh, NC 27606 Dear Mr. Montague: / • 0 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES February 21, 2001 DWQ # 010193 Wake County On February 8, 2001 the Division of Water Quality (DWQ) was notified by receipt of your application regarding your plan to fill 270 feet of streams for the purpose of constructing road crossings at Branton Village subdivision in Wake County. Approval from DWQ is required to disturb these streams. Please provide seven copies of a large scale site plan so we can determine if other determine if other impacts are likely from this project. Please call me at (919) 733-1786 if you have any questions or would require copies of our rules or procedural materials. This project will remain on hold as incomplete in accordance with 15A NCAC 2H .0505(c). The processing time for this application will begin when this information is received. If we do not hear from you by writing within three (3) week we will assume you no longer want to pursue the project and will consider it withdrawn. Sincerel J R. Dorney Cc: Raleigh DWQ Regional Office Raleigh Corps of Engineers File Copy Central Files Wetlands/401 Unit • 4401 Reedy Creek Road • Raleigh, North Carolina 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper F Blackburn Consulting Engineering 234 E. Main Street Clayton, N.C. 27520 Ph. (919) 553-2900 Fax (919) 553-7298 March 28, 2001 John Dorney Raleigh DWQ Regional Office T 2321 Crabtree Boulevard Suite 250 17 Raleigh, NC 27604 APR RE: Braxton Village DWQ # 010193 Dear Mr. Dorney: This letter is in response to your request for additional information concerning this project. As we discussed on the phone, Amanda Jones of the Corps of Engineers has performed an on-site review of the project in response to the application. She determined that Norris Branch did require a permit. She issued a Nationwide Permit #39 for the 145 linear feet of stream impact. The other crossing which was requested in the permit request was reviewed and it was determined that there was no jurisdictional channel or wetland at this location. Please process the permit with the amendment of items 10 and 12 on the application. The notifications of action by the Corps of Engineers are enclosed. If you have questions, I can be reached at (919) 553-2900. Sincerely, (Blackburn Consulting Engineering 1/ `-v ' W_Z4? Daniel W. Blackburn, PE ttttl l FIF I Fh? 0 SS7p• /ji z. SEAL ?" - 9486 aet"? a ?+++++`+tt FII LII?G• EXCAVATION: FLOODING: OTHER: road crossings DRAINAGE : TOTALACRES TO BE IMPACTED: 0.06 ac.. 1& (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT' (TF RELOCATED. PROVIDE DISTANCE BOTH BEFORE AND AFTER REI OCATION: 1 C 145' _ 1 C 145' LENGTH BEFORE--s FT AFTFR: -r TT I WIDTH BEFORE (based on nonW high water conoom)c I D FT AVERAGE DEPTH BEFORE: 1 FT AFTER 1 Fr (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCOLTION PLACEMENT OF PIPE IN CHANNEL- y CHANNEL EXCAVATION: COONSTRUCIION OF A DAM/F7;00DING_ OTEM : 11. IF CONSPRUCTION OF A POND IS PROPOSED, WHAT 1S THE-SITE OF THE WATERSHED DRAINING TO THE-POND? WHAT IS THE EXPECTED POND SURFACE AREA? N/A 12. DISCTIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF 14ECRANICAL EQUU%MNTTO 11E USED? (ATTACH PLANS: 8112 BY II DRAWINGS ONLY) Current roadway crossing reauires 90, twin 78" C'MP ci1vPrt- w/551 rap apron. w r,n TO a 13. PURPOSE OF PROPOSED WORK: Roadway access required to property north of Norris Branch and west of tributary' 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST RE CARRIED OUT IN WETLANDS (INCLUDE ANY MEASURES TAKEN TO MIIUMME WETLAND IMPACTS) There is no other way to access property without stream crossing. U.S. ARMY CORPS OF ENGINEERS Wilmington District Action ID: 200120530 COPY County: Wake NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Authorized Owner Airvest, LLP Agent Blackburn Consulting Engineering Attn: Harvey Montague Attn: Danny Blackburn Address 10305 Penny Road Address 234 East Main Street Raleigh, NC 27606 Clayton, NC 27520 Telephone Number 919-362-7477 Telephone Number 919-553-2900 Size and Location of Property (waterbody, Highway name/number, town, etc.): The site is located on Holly Thorn Trace in the Braxton Village Subdivision, which is located on the north side of Avent Ferry Road (SR 1115), approximately 1. 3 km west of its intersection with SR 1116, west of Holly Springs, Wake County, North Carolina. Basis for Determination: The site contains stream channels with indicators of ordinary high water marks, which includes Norris Branch and its unnamed tributaries, above headwaters, in the Cape Fear River Basin. A small pond in the northwestern portion of the property was determined to be isolated and non jurisdictional. There was not a jurisdictional channel or wetland connecting the pond to Norris Branch as depicted on the USGS New Hill Quad Map. Indicate Which of the Following Apply: There are waters of the U.S." to include wetlands, on the above described property which we strongly suggest should be delineated and surveyed. The surveyed wetland lines must be verified by our staff before the Corps will make a final jurisdictional determination on your property. Because of the size of your property and our present workload, our identification and delineation of your wetlands cannot be accomplished in a timely manner. You may wish to obtain a consultant to obtain a more timely delineation of the wetlands. Once the consultant has flagged a wetland line on the property, Corps staff will review it, and, if it is accurate, we strongly recommend that you have the line surveyed for final approval by the Corps. The Corps will not make a final jurisdictional determination on your property without an approved survey. X The waters of the U.S., to include wetlands, on your lot have been delineated, and the limits of the Corps jurisdiction have been explained to you. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. Placement of dredged or fill material in wetlands on this property without a Department of the Army Permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is not required for work on the property restricted entirely to.existing high ground. If you have any questions regarding the Corps of Engineers regulatory program, please contact Amanda D. Jones at tele one number 919 876 - 8441 extension 30 Project Manager Signature Date. March 15, 2001 Expir ti n Date March 15, 2006 SURVEY PLAT OR FIELD SKETCH OF THE DESCRIBED PROPERTY AND THE WETLAND DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM. U.S. ARMY CORPS OF ENGINEERS Wilmington District Action ID: 200120530 County: Wake COPY GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Authorized Owner Airvest LLP Agent Blackburn Consulting Engineering Attn: Harvey Montague Attn: Danny Blackburn Address 10305 Penny Road Address 234 East Main Street Raleigh, NC 27606 Clayton, NC 27520 Telephone Number 919-362-7477 Telephone Number 919-553-2900 Size and Location of Property-(waterbody, Highway name/number, town, etc.): The site is located on Holly Thorn Trace in the Braxton Village Subdivision, which is located on the north side of Avent Ferry Road (SR 1115), approximately 1.3 km west of its intersection with SR 1116, west of Holly Springs, Wake County, North Carolina. Description of Activity: This permit authorizes mechanized landclearing, excavation, the installation of culverts, and the placement of fill associated with the construction of a road crossing. Impacts to waters authorized by this permit include 0.03 acres (145 linear feet) of Norris Branch in the Cape Fear River Basin. Applicable Law: X Section 404 (Clean Water Act, 33 USC 1344) only. Section 10 (River and Harbor Act of 1899) only. Authorization: Regional General Permit Number 39 Nationwide Permit Number Any violation of the conditions of the Regional General or Nationwide Permit referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal action. This Department of the Army Regional General Permit or Nationwide Permit verification does not relieve the permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. If you have any questions regarding the Corps of Engineers regulatory program, please contact Amanda D. Jones at telephone number (919) 876 - 8441 extension 30 Regulatory Project Manager Signature Date_ March 15, 2001 Expiration Date February 11, 2002 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. Opp t f i-? r N/A' 4> 5 00 + ?4 11 r i I ` `• 1 ? ?, ` 1 ° ' C „ ° t r °I° ,;.e a e.e .,t , r f ? -. 1 l'1, VJ r ? ? ,/•^; ? if j? {?- -, iii ', ?t - ,.?? lip 1 , Oil '? /17 66 .7j r-? -x r .? 1 ?-'i•-,.._? "•r ,. t $ -?_.... `•? Ile .;?' ' -•\1 , O U.S. ARMY CORPS OF ENGINEERS Wilmington District Action ID: 200120530 County: Wake FILE COPY GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Authorized Owner Airvest LLP Agent Blackburn Consulting Engineering Attn: Harvey Montague Attn: Danny Blackburn Address 10305 Penny Road Address 234 East Main Street Raleigh, NC 27606 Clayton, NC 27520 Telephone Number 919-362-7477 Telephone Number 919-553-2900 Size and Location of Property (waterbody, Highway name/number, town, etc.): The site is located on Holly Thorn Trace in the Braxton Village Subdivision, which is located on the north side of Avent Ferry Road (SR 1115), approximately 1.3 km west of its intersection with SR 1116, west of Holly Springs, Wake County, North Carolina. Description of Activity: This permit authorizes mechanized landclearing, excavation, the installation of culverts, and the placement of fill associated with the construction of a road crossing. Impacts to waters authorized by this permit include 0.03 acres (145 linear feet) of Norris Branch in the Cape Fear River Basin. Applicable Law: X Section 404 (Clean Water Act, 33 USC 1344) only. Section 10 (River and Harbor Act of 1899) only. Authorization: Regional General Permit Number 39 Nationwide Permit Number Any violation of the conditions of the Regional General or Nationwide Permit referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal action. This Department of the Army Regional General Permit or Nationwide Permit verification does not relieve the permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. If you have any questions regarding the Corps of Engineers regulatory program, please contact Amanda D. Jones at telephone number (919) 876 - 8441 extension 30 Regulatory Project Manager Signature Date March 15, 2001 Expiration Date February 11, 2002 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. 10 Vii 05, f . ?f ?L t f; ?! ?? i ` .,C?` ..- 1 a '„ e } ?a1 1 s N?l i r v ?e 1 r t ? 1 + I j !?.! ?•(?'/ a .c 7 r? r k4 1 i:'.KI tJ1 • N U.S. ARMY CORPS OF ENGINEERS Wilmington District Action ID: 200120530 County: Wake NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner Airvest. LLP Attn: Harvey Montague Address 10305 Penny Road Raleigh, NC 27606 Telephone Number 919-362-7477 Authorized Agent Blackburn Consulting Engineerin Attn: Danny Blackburn Address 234 East Main Street Clayton, NC 27520 Telephone Number 919-553-2900 Size and Location of Property (waterbody, Highway name/number, town, etc.: The site is located on Holly Thorn Trace in the Braxton Village Subdivision, which is located on the north side of Avent Ferry Road (SR 1115), approximately 1.3 km west of its intersection with SR 1116, west of Holly Springs, Wake County, North Carolina. Basis for Determination: The site contains stream channels with indicators of ordinary high water marks, which includes Norris Branch and its unnamed tributaries, above headwaters, in the Cape Fear River Basin. A small pond in the northwestern portion of the property was determined to be isolated and non jurisdictional. There was not a jurisdictional channel or wetland connecting the pond to Norris Branch as depicted on the USGS New Hill Quad Map. Indicate Which of the Following Apply: -There are waters of the U.S., to include wetlands, on the above described property which we strongly suggest should be delineated and surveyed. The surveyed wetland lines must be verified by our staff before the Corps will make a final jurisdictional determination on your property. -Because of the size of your property and our present workload, our identification and delineation of your wetlands cannot be accomplished in a timely manner. You may wish to obtain a consultant to obtain a more timely delineation of the wetlands. Once the consultant has flagged a wetland line on the property, Corps staff will review it, and, if it is accurate, we strongly recommend that you have the line surveyed for final approval by the Corps. The Corps will not make a final jurisdictional determination on your property without an approved survey. X The waters of the. U.S., to include wetlands, on your let have been delineated, and the limits of the Corps jurisdiction have been explained to you. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. Placement of dredged or fill material in wetlands on this property without a Department of the Army Permit is inmost cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is not required for work on the property restricted entirely to existing high ground. If you have any questions regarding the Corps of Engineers regulatory program, please contact Amanda D. Jones at to hone number 919 876 - 8441 extension 30 _ Project Manager Signature 144 4 (14 464 Date March 15, 2001 E ration Date March 15, 2006 SURVEY PLAT OR FIELD SKETCH OF THE DESCRIBED PROPERTY AND THE WETLAND DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM.