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HomeMy WebLinkAbout20010500 Ver 1_COMPLETE FILE_20010404\O?QV Y v n ? 4:'9 r O 'C Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Kerr T. Stevens Division of Water Quality April 11, 2001 DWQ# 01-0500 Wake County Public Service of N.C., Inc. C/o Jerry W. Richardson 400 Cox Road Gastonia, NC 28054 APPROVAL of 401 Water Quality Certification Dear Mr. Richardson: You have our approval, in accordance with the attached conditions, to place fill in 0.008 acre of wetlands and 65 linear feet of streams for the purpose of commercial development at UT Middle Creek in Wake County, as you described in your application received by the Division of Water Quality on April 4, 2001. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3106. This Certification allows you to use Nationwide Permit 18 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. 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 1508 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, Stevens Attachment cc: Corps of Engineers Raleigh Regulatory Field Office Raleigh DWQ Regional Office File Copy Central Files 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) n1n 7'19 4700 /n L.....n\ 01n 71'7 9001 /;--% {.11.. 11?.'7n nn. nM1n nn ..r Mn..rnlln n.7n/ ,qp'1\SS??O /NV/RO/VA FA/VTAL CO/VaL/L 7 AJV7M A/VO PtRM/T a/PIC/AL/aT?!' 2299 DOBBIN PLACE CPP/CE: (998) 239.4402 RALEIGH, NC 27004 FAK.• (01W 231.1399 E-MAIL: nppoul(Mmindapiin®. com NEXTEL DIRECT CONNECT: 9992 01 0500 AGENT AUTHORIZATION I hereby authorize ECPS, Inc. to act on my behalf as my agent for the purposes of submitting Nationwide Permit Applications to the US Army Corps of Engineers and the NC Division of Water Quality. This authorization allows ECPS to furnish, upon request, supplemental information in support of these requests. Property / Project: PSNC Apex, Schieffelin Road Property Property Location: Schieffelin Road, Apex, Wake County Owner: Public Service Company of North Carolina, Incorporated Printed Name / Title: C/O Jerry W. Richardson Mailing Address: 400 Cox Road Gastonia, North Carolina 28054 Telephone: (704) 834-6466 Facsimile: (704) 834-6485 Signature: 6 i 117, Date: 3 2? of DEN ID: 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 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 N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE AGENCY ADDRESSES SHEET). PLEASE PRINT. 1. OWNERS NAME : Full: G /???',j'U ?.? - C(' ? ?' GATO I ; rl Q TA G+o r or-a? 2. MAILING ADDRESS: -LO ;?s-t-y W. ;^}:cJ.,Q l-C_ 1-10 -400 t?p?t S DIVISION NAME: (1y0?(11 CITY: O?q ptJ:Q STATE: R4 ZIP CODE: p PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): 3. TELEPHONE NUMBER (HOME): WORK): 4. IF ADDRESS, PHONE NUMBER: S 1Sv RES4G. SI Cut PO G ALT c. ?_ Do b1?:..? 1? 1o??e.. a? le.: 1-? , 1J Z"16 04 <goc;? Z-% t - n9 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHO_T qG PHY WITH SCALE): COUNTY: WoQ? NEAREST TOWN OR CITY: A ae. SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.) lig-0 .. a..,!, ?o 'fin a,J ?.?.??? ?? : -? t -'. S Ott' o.J q w.. r . !sR p+J r. a .nom. tl.S ?^ ; c, LCt" p" ro (J 4.r? ? p., 4?T 1ca OTo ?t?. C : +J a-- "'1 : &A PJCSS f"ctre'r. . 6. IMPACTED OR NEAREST STREAM/RIVER: (?? p? ??;co?tQ.? RIVER BASIN: iV Q?(?g ems. 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 [X] IF YES, EXPLAIN: ,.IIAC 7b. IF THE PROJECT IS LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT ARE OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO [?K] 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: 4 1 A% 8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [%] NO [ ] IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): Ae,+. o,4 T O Zoc?v Z,1 l g da 8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES [ ] NO [X] IF YES, DESCRIBE ANTICIPATED WORK: i\11 A 9A. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: It 9B. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: ?- 10A. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING:' ?. 00L-7 EXCAVATION: Q, 0004t FLOODING: OTHER: DRAINAGE: TOTAL ACRES TO BE IMPACTED: O. 00'7&.Z 10B. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION): LENGTH BEFORE: yi I A FT AFTER: ej 1_4< FT WIDTH BEFORE (based on normal high water contours): IJ A FT WIDTH AFTER: (J /A FT AVERAGE DEPTH BEFORE: 0( k FT AFTER: V-S' k FT (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) / OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: (45-I, CHANNEL EL ATION: CONSTRUCTION OF DAM/FLOODING: OTHER: ExGd.J a{? 01.J CZ..O 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND? jJ IA WHAT IS THE EXPECTED POND SURFACE AREA? /?JI 19A 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8%" x 11" DRAWINGS ONLY): G1 tea CA"... a-4A 13. PURPOSE OF PROPOSED WORK: 6-64A, O?-t+ C?GAe% Q-01 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS): Q'C's GL C?? 15. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE A FECTED BY THE PROPOSED PROJECT. DATE CONTACTED : ?'Z?? 00 16. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES [ ] NO [X] (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 [ I 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, 1302 Marl Service Center, RALEIGH, NORTH CAROLINA 27699-1302, TELEPHONE (919) 807-2425. 17. 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. d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED. e. WHAT IS LAND USE OF SURROUNDING PROPERTY? 4 Q.55 / -1 ?oL.4+)r-; a I f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? G;-61 ollp Po ?' ?.1 g. SIGNED AND DATED BY AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO: 1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, AND 2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION. J??? 1? ?? , 10 3b;,0 0 l O R'S/AGENT S SIGNATURE DATE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED (18G.)) r SUPPLEMENTAL INFORMATION NWP APPLICATION Schieffelin Road Property, PSNC Energy Apex, Wake County, North Carolina March 12, 2000 QUESTION 8a: This application is a refinement of a previous permit issued by the US Army Corps of Engineers (USACOE) and the NC Division of Water Quality (NCDWQ). The USACOE Action ID is 20002 1 1 98 and the NCDWQ Project Number is 000807. This application involves additional minor impacts associated with the project. In addition, this application provides more specific information in regards to the upland development. QUESTION 12: The subject property is approximately 11 acres in size. The property has an intermittent stream segment that borders the eastern property line. Flowing south, this stream traverses the property at an angle and crosses under Schieffelin Road. The stream intersects the southem-most property line in roughly the center. Additionally, the stream segment is subject to the North Carolina, Division of Water Quality, Neuse River Buffer Rules. The applicants are proposing to construct a road for permanent access to the property. This road design meets the requirements of the Apex Planning Board and Department of Transportation for safe intersection design. The Apex Planning Board is requiring the connection of existing curb and guttering on the adjoining properties along Schieffelin Road and the construction of a sidewalk. These requirements will necessitate the widening of Schieffelin Road on both sides of the proposed intersection. Widening Schieffelin Road will require land disturbance and placement of clean fill in Neuse River buffer areas. The existing culvert at Schieffelin Road will be extended an additional 45 feet impacting the intermittent stream an equal amount. Additionally, in order to provide smooth flow into the culvert, approximately 20 more feet of stream will be impacted by excavation. In total, 65 linear feet of intermittent stream will be impacted by the project. The road construction activity will require the use of bulldozers, dumptrucks, earthmovers, trackhoes, compactors and paving equipment. The work will involve impacts to 200 square feet (0.0067 acres) of wetlands and 7,890 square feet of the Neuse River Buffer. Any remaining wetlands on the property are contained within the Neuse River Buffer and will not be further impacted by the proposed upland development. QUESTION 13: The project purpose is to gain roadway access to uplands on the site. This roadway is to meet design requirements of the Apex Planning Board and Department of Transportation for safe intersection design. QUESTION 14: The impacts are the minimal necessary to gain road access to the subject property. The position of the road is the logical location for such a feature that considers stream and wetland impact minimization. The road must also connect perpendicular to Schieffelin Road, as required by Apex Planning Board and Department of Transportation requirements for safe intersection design. Other impacts to wetlands and streams are due to mandatory street design requirements implemented by the Town of Apex. Any other alternative road alignments available to the applicant would result in significantly more stream impacts, land disturbance, and aquatic life and habitat disruption. The project purpose cannot be practically accomplished with any other design that would better minimize disturbance, preserve aquatic life and habitat, and protect water quality. The use cannot practically be reduced in size or density, reconfigured or redesigned to better minimize disturbance, preserve aquatic life and habitat, and protect water quality. Best management practices will be used to minimize disturbance, preserve aquatic life and habitat, and protect water quality. Best management practices may include engineered measures related to sedimentation and erosion control and stormwater retention, as may be required. SOURCE: APEX, NCGS 7-112 MINUTE QUAD - t -om` -? J ?wrww0wwr?wrru. aawsur. rwwrrs w/VO iawiir wauusrs 2218 OOBB(N PLACE OFFICE: (010) 231.4400 RALE/OH, NC 27004 FAX.- (a 10) 231.-1 31-1 E-MAIL: nppeu/(CDm/ndspr(np.com NIX(TEL O/RECT CONNECT.• >A!2 FIGURE 1 SITE LOCATION MAP SCHIEFFELIN ROAD PROPERTY APEX, NORTH CAROLINA ,?7 owl 1 ?-`gyp--, ?? ? j /1'---? •? \ti,' ??, ?l ? ' ? / ?\ ? i x ?% I l ?r, ? / -? ? ? NOT TO SCALE FIGURE 2 =3?" BOUNDARY MAP - INNA1pMM/NTAL OOMIf/LTA/1?I ANO NA'AII7* ,APWIMAL/1" 221 B DOBBIN PLACE OFF/CB: (BOB) --31.4409 BALE-10H,NC 27804 FAX: role) 231.0301 E-MAIL: nppsul®mindeindepNnp.eom SCHIEFFELIN ROAD PROPERTY NEXT6L O/RECT CONNECT: 1612 APEX, NORTH CAROLINA v ,o avF/ " Q ?tiF ell < l ,,,,,-EMPLOYEE PA ING /-EQUIPMENT T PARKING I \-P ? I Z) I RCIPOS DY.JILDING Gel .Q? o Q' RUP SED ACCESS ROAD K WETLAND/BUF"F?ER NOT TO SCALE AWWAwwrwwrrwr. ?. rwwrss wwra rowwrir iMww?isay 2210 DOBBIN PLACE OFR/CE: (D1 D) 231.4400 RALEIGH, NC 27004 !Ax.- (910) 231.1311 E-MAIL., nppoul®m/ndspNnp.oom N--X7--L DIRECT CONNECT.- 1012 CT AREA FIGURE 3 DEVELOPMENT PLAN SCHIEFFELIN ROAD PROPERTY APEX, NORTH CAROLINA NOTE: ALL WETLANDS ARE CONTAINED WITHIN NEUSE RIVER BUFFER. NO ADDITIONAL WETLANDS OR BUFFER WILL BE IMPACTED BY THE PROJECT. 430 ?EXISIING Q o II RMITTENT I STREAM CH , N U ANNEL J / 429 e . N ? o UFFER EXISTING a LIMITS B R I WETLAND, rn 4? LIMIT NN S AREA (200 N ROPOSED )X SF cr N a,u` ? CULVERT ., EXTENSION OF 4271, (65 FILL FEET) L N SCHIEFFELIN ROAD -`'--- - ---____ ,/SCALE: 1" . 60' j r_^ LO AVViw0WM0VVZ" d7aAMd/L TAW" AMAP PVF~fr 40~0Aod"&7W 22145 00B- PLACE OFF/CE: (019-) 231.4400 RALEIGH, NC 27604 FAX: (010) 231.1311 E-MAIL: nppeu/gym/ndapr/ng.oom NEXTEL DIRECT CONNECT: 1612 FIGURE 4 CROSSING RESOURCES SCHIEFFELIN ROAD PROPERTY APEX, NORTH CAROLINA 430 XISTING Q I MITTENT a STREAM 1 I r, U) w U CHANNEL U / 4.29 i o / a UFFER ' 14 I LIMITS, BUFFER 4z$ LIMIT 42 / SCH I EFFELI N ROAD R ----- IMPACT AREA (7,890 SF) '/SCALE: V-60' e 2216 OOBB/N PLACE OFF/CE: (010) 231.4400 RALEIGH. NC 27604 FAUX. (010) 231.1311 E-MAIL: nppsu/(ffim/ndapNnp. cam NEXTEL DIRECT CONNECT.* 1612 FIGURE 6 BUFFER IMPACT SCHIEFFELIN ROAD PROPERTY APEX, NORTH CAROLINA CROSS SECTION THROUGH SCHIEFFELIN ROAD SOUTHEAST 430 428 O F 426 W a W 424 422 420 NOT TO SCALE NORTHWEST SCRIEFFELIN ROAD EXISTING CULVERT CULVERT INTERMITTENT - STREAM -s -- - iwiiriwiow?vnu. aaiw?a rwwrns wwrn ?iwrrir si?viwciars 2216 OOBB/N PLACE OFF/CE: (010) 231.4409 RALEIGH, NC 27604 FAX: (019) 231. E-MAIL: nppou/®rn/ndapr/ng. corn NEXTEL O/RECT CONNECT: 1612 FIGURE 6 CROSS SECTION SCHIEFFELIN ROAD PROPERTY APEX, NORTH CAROLINA ArNV/RONMtNTAL 6ONaL/L TANTa ANO PERM/T $P?C/AL/aTa 2216 DOBBIN PLACE OPPICE: (919) 231.4409 RALEIGH, NC 27604 FAX.- (919) 231. 1311 E-MAIL: ngpaul®mindspr/ng. com NEXTEL O/RECT CONNECT. 1612 CERTIFIED MAIL - RETURN RECEIPT REQUESTED March 12, 2001 Mr. John Domey Division of Water Quality, Wetlands Section 4404 Reedy e, eek-Rovd- I C.va 8.& 4:1 454"ru : G? Co.SEtir' Raleigh, North Carolina 29Aer Z,1('am _ I L'lo Subject: NCDWQ Project Number: 000807 Schieffelin Road Property, PSNC Energy Apex, Wake County, North Carolina Gentlemen, This letter is to notify you the proposed project, indicated above and described in the attached application, is under consideration by the U.S. Army Corps of Engineers, Nationwide Permit authorization. This application is being provided for your review under 401 Water Quality Certification and Neuse River Buffer rules. Thank you for your assistance and please feel free to call me at (919) 231.4409 if you have any questions or if there is any deficiency. Cordially yours, ECPS, Inc. 4k4p . 4 Nelson G. Paul, PWS General Manager/Land Use Consultant ENV/RO/VM"NTAL COAfff"L TA/VTa A/VO P!r/VM/T aPMC/AL/STa 2276 OOBB/N PLACE OFF/CE: (919) 231_4400 RALEIGH, NC 27604 FAX: (919) 231.1317 E-MAIL: ngpeu/(CDmindspring_com NEXTEL DIRECT CONNECT.' 1612 March 12, 2001 US Army Corps of Engineers Wilmington District Office PO Box 1890 Wilmington, North Carolina 27636-3726 Subject: Action ID: 200021198 Schieffelin Road Property, Apex Ventures, LLC Apex, Wake County, North Carolina Gentlemen, This letter is submit the attached Nationwide Permit application for the above-mentioned project. Additionally, application has also been provided to the State of North Carolina, Division of Water Quality for consideration under 401 General Certification and Neuse River Buffer rules. Thank you for your assistance and please feel free to call me at (919) 231.4409 if you have any questions or if there is any deficiency. Cordially yours, ECPS, Inc. 4AV. . 4 Nelson G. Paul, PWS General Manager/Land Use Consultant ? ATEP DUALITY PLNPJN I hJG 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 Mar 14 'til 1:1'9 P. )1,n? NORTH CAROLINA DEPARTMENT OF ENVIRONMENT ANo NATURAL RESOURCES July 25. low Wake County DWQ Protect it 000307 APPROVAL of 401 Water Quality Certiflcatsoo and ADDITIONAL CONDITIONS Apex ucnrumA. LLC Cums Dena..4a takWg Partner 333 Fayetteville Sr Mall. Ste 1000 Raleigh. NC 27601 Dearw. Dean: You have out approval, in accordance with the anachcd conditions and those listed below. to place fill mawrial in 0.065 acres of wedands and 2-5 linear feet of streams and 0.13 acres of stream buffers for the purpose ofconstructing s road crossing at Schiefflin Road as described in your app6cauun dated June 16, 1-000. After reviewing your application, we have decided that that rill is covered by General Water Quality Ccrnficaaon Number 3289. This certificanon allows you to use Nationwide Penrut Number la when the Corps of Engineers issues ;I. in addition. you should get any other federal. state or local permits before you go ahead with your prv)ect including (but not limited to) Sediment and Erosion Control. Coastal Siormwater. Non-Discharge and Water Supply Water shed rr,ulaoons. This approval will csptr ???^ 'ne accompanying 404 or C .MA permit expires unless otherwise specified in the General Certification. This approval ii only valid for the purpose and design that you described in your application except as modified below If you change -oiu Dro)ect. you must oocify us and you may be required to send us it new application if -hc propane s sold. 'he -r- xvner must be given 1 copy of this Cem5caaon and approval Icner and is thereby responsible for complying with ;dl conditions. If total wetland fills for this prolev know or in the future) exceed one acre. compensatory n„ugation may be required xi described in I SA NCAC 2H .0506 (h) (6) and (7). 17or Uri ,oeroval to be valid. you must follow the condidotu listed in the attached certification and any additional conditions listed below I Deed noufieatlons or similar meehanislms shall be pieced on Al remaining )urisdienomd wetlands and streams to notify the sure in order to assure compliance lot future wetland and/or water impact. These mechanisms ;hail he put to place within 30 days of the date of ifs 'cner or the issuance of the 404 Permit (whichever is lured 2. Stormwarcr shall be directed to fluw at non-uostve velocities across the entire pro tec:rd svram buffers, If you do not accept any of the conditions of this cewfication. you may ask for an adludicalory healing. You must act within 60 days of ,he date that you receive sus lener. To ask fora hewing. send a wrincn pcnaon. ?ruch conrorms to Chapter 15013 of the North Carolina General Sutures to the Office of Adrrurustryuve Hearings. P 0 Box 27447. Raleigh. N C. 2761 1.7447 This centfcarion snd its conditions 3m rtnal and binding urslws you ask for a hearing. This Icner completes the review of the Division of Water Quality under Secuon 401 of the Clean Water Act. if you hnvc uny quesnons. pletue telephone Johan Domey at 919-733.9646. ,4nachment cc: Corps of Engineers Rateigh Field Office Raleigh DWQ Regional Office Raleigh Division of Land Resources Nelson Pau{: ECPS, Inc. rile copy Central Files Since ?? 1 a cal' 'r T. vent ?O ?i Division of Water Quality - Non-Discharge Branch 1621 Mail Service Center Raleigh NC 27669-1621 Telephone 919-733-1786 FAX d 733-9959 An Equal Opportunity Affirmative Action Employer ;711 recyeladfl0% Dost consumer papm a NkWI'11i 1-O' ENV/RO/VME/VTAL. GOMARMAL TA/VTa A4/V" PERM/T aAPP/C'/ALIAMM 2216O06B/N PLACE OFR/CE: (012.) 231.440D RALHIG", NC 27804 I=AX.• (919) 23!.9391 E-MAIL: ngpsu1(ZUm1nd8pr1ng.aom NEXTEL O/RECT CONNECT.• 1e12 010500 AGENT AUTHORIZATION I hereby authorize ECPS, Inc. to act on my behalf as my agent for the purposes of submitting Nationwide Permit Applications to the US Army Corps of Engineers and the NC Division of Water Quality. This authorization allows ECPS to furnish, upon request, supplemental information in support of these requests. Property / Project: PSNC Apex, Schieffelin Road Property Property Location: Schieffelin Road, Apex, Wake County Owner: Public Service Company of North Carolina, Incorporated Printed Name / Title: C/O Jerry W. Richardson Mailing Address: 400 Cox Road Gastonia, North Carolina 28054 Telephone: (704) 834-6466 Facsimile: (704) 834-6485 Signature: M Date: 3f2& 6) / DEM ID: 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 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 N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE AGENCY ADDRESSES SHEET). PLEASE PRINT. 1 . OWNERS NAME : F"lm { : G Ad5e " -%CA o O ,N lD r*L% GA?'a l : nl Q ?a.1 Ga t? or a 1-? 2. MAILING ADDRESS: G/Q ;gGto " 1"y LA-?. k:cl ci r-ol 1SO+J -boo Cou iZOGd S DIVISION NAME: (0-0 JAI _ CITY: C0A4-StCPt4.-A STATE: 04C_ ZIP CODE: p PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): Roa?cA.A e r?lC_ 3. TELEPHONE NUMBER (HOME): WORK): r 4. IF APPLICABLE: AGENT'S N 4 OR RESPONSI E `gyp GdvC?O? RPO G O IAL ADDRESS, PHONE NUMBER: Do b1?:..? ?la•c.? ?a lam: ? 1-, , rJ L z1 ? o? <q ?? Z?s 1- ?? n9 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHO G WHY WITH SCALE): COUNTY: Z3 Q Q? NEAREST TOWN OR CITY: AAe .c SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.) ?'(?p,,.,, Rp?Q?:q'1•? _la,146 o•J rt qtAt o-i L4W S"S t: q L?t`" 6. IMPACTED OR NEAREST STREAM/RIVER: U-F O?:' ? A: dCAtQ?, CrV_All:. RIVER BASIN: QjU,g e, 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 [x] IF YES, EXPLAIN: ry /A 7b. IF THE PROJECT IS LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT ARE OF ENVIRONMENTAL CONCERN (AEC)? YES [ I NO [)(I 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 [7C] NO [ ] IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): AejT;pr4 -' 1?1 -&Odo'L 1 l q da 8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES [ ] NO [X] IF YES, DESCRIBE ANTICIPATED WORK: #-AjA 9A. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: It 9B. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: fi - vt? 10A. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: D. 00G77 EXCAVATION: Q_._QOpZ FLOODING: OTHER: DRAINAGE: TOTAL ACRES TO BE IMPACTED: O. 00'14.7.. 10B. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION): LENGTH BEFORE: ri / A FT AFTER: IN FT WIDTH BEFORE (based on normal high water contours): IJ 1k FT WIDTH AFTER: r,1 /A FT AVERAGE DEPTH BEFORE: f4{ lk FT AFTER: f4 /IN FT (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) , OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: V(4+5 CHANNEL EL ATION: CONSTRUCTION OF j1 DAM/FLOODING: OTHER: 0?-ytC?OJ ac+. Or-J ( ? Oo \J 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND? tiI I A WHAT IS THE EXPECTED POND SURFACE AREA? ..I? A 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8%" x 11" DRAWINGS ONLY): (Se,4, 13. PURPOSE OF PROPOSED WORK : 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS): 15. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE A FECTED BY THE PROPOSED PROJECT. DATE CONTACTED : ?Z.? OO 16. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES [ ] NO [X] (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, 1302 Marl Service Center, RALEIGH, NORTH CAROLINA 27699-1302, TELEPHONE (919) 807-2425. 17. 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. d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED. e. WHAT IS LAND USE OF SURROUNDING PROPERTY? ..,? : ? ?? j Tic d?..?-E-?-: a ? f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? G;-6,, C:rp Ape..y. Po ?' ?.! g. SIGNED AND DATED BY AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO: 1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, AND 2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION. NA)L?JA .?:, &-;, - 03k0 0 t 0 R'S/AGENT S SIGNATURE DATE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED (18G.)) SUPPLEMENTAL INFORMATION NWP APPLICATION Schieffelin Road Property, PSNC Energy Apex, Wake County, North Carolina March 12, 2000 QUESTION 8a: This application is a refinement of a previous permit issued by the US Army Corps of Engineers (USACOE) and the NC Division of Water Quality (NCDWQ). The USACOE Action ID is 200021198 and the NCDWQ Project Number is 000807. This application involves additional minor impacts associated with the project. In addition, this application provides more specific information in regards to the upland development. QUESTION 12: The subject property is approximately 11 acres in size. The property has an intermittent stream segment that borders the eastern property line. Flowing south, this stream traverses the property at an angle and crosses under Schieffelin Road. The stream intersects the southem-most property line in roughly the center. Additionally, the stream segment is subject to the North Carolina, Division of Water Quality, Neuse River Buffer Rules. The applicants are proposing to construct a road for permanent access to the property. This road design meets the requirements of the Apex Planning Board and Department of Transportation for safe intersection design. The Apex Planning Board is requiring the connection of existing curb and guttering on the adjoining properties along Schieffelin Road and the construction of a sidewalk. These requirements will necessitate the widening of Schieffelin Road on both sides of the proposed intersection. Widening Schieffelin Road will require land disturbance and placement of clean fill in Neuse River buffer areas. The existing culvert at Schieffelin Road will be extended an additional 45 feet impacting the intermittent stream an equal amount. Additionally, in order to provide smooth flow into the culvert, approximately 20 more feet of stream will be impacted by excavation. In total, 65 linear feet of intermittent stream will be impacted by the project. The road construction activity will require the use of bulldozers, dumptrucks, earthmovers, trackhoes, compactors and paving equipment. The work will involve impacts to 200 square feet (0.0067 acres) of wetlands and 7,890 square feet of the Neuse River Buffer. Any remaining wetlands on the property are contained within the Neuse River Buffer and will not be further impacted by the proposed upland development. QUESTION 13: The project purpose is to gain roadway access to uplands on the site. This roadway is to meet design requirements of the Apex Planning Board and Department of Transportation for safe intersection design. QUESTION 14: The impacts are the minimal necessary to gain road access to the subject property. The position of the road is the logical location for such a feature that considers stream and wetland impact minimization. The road must also connect perpendicular to Schieffelin Road, as required by Apex Planning Board and Department of Transportation requirements for safe intersection design. Other impacts to wetlands and streams are due to mandatory street design requirements implemented by the Town of Apex. Any other alternative road alignments available to the applicant would result in significantly more stream impacts, land disturbance, and aquatic life and habitat disruption. The project purpose cannot be practically accomplished with any other design that would better minimize disturbance, preserve aquatic life and habitat, and protect water quality. The use cannot practically be reduced in size or density, reconfigured or redesigned to better minimize disturbance, preserve aquatic life and habitat, and protect water quality. Best management practices will be used to minimize disturbance, preserve aquatic life and habitat, and protect water quality. Best management practices may include engineered measures related to sedimentation and erosion control and stormwater retention, as may be required. ,M 7 - ) 77 - •. I _ _\) ,' ??- -7111 \\\lll ?.? / 1 aid, .- % 0 c ;4 ly- gel Ta ;\!./ 1, \`` " %l? 4 \. / / ` , ?. ?? ^? ? ' SOURCE: APEX, NCGS 7-1/2 MINUTE QUAD FIGURE 1 _ FOX& _---? s s ? SITE LOCATION MAP iwrviwolvwywrrv. oowra'ua rwivss wwro ?iiaiir siiouuars 2210 00®191 N PLACE OFFICE: (910) 231.4400 RALE/QH, NC 27904 FAX: (019) 231.1311 E-MAIL: nppau/(?mindaprfng./np. c om corn SCHIEFFELIN ROAD PROPERTY NEXTEL O/RECT CONNECT.' 1012 APEX, NORTH CAROLINA 1\ \ / j'i i ! ------- i J it f J NOT TO SCALE I ?erwwowwvivru aww?rsrwwr?s.wo ywrrirs??c??iara 2216 DOBBIN PLACE OFF/CB: (010) 231.4400 BALE10". NO 27604 FAX: (010) 231.1311 E-MAIL: ngpeulam/ndeprlnq.aom NEXTEL DIRECT CONNECT.- 1612 FIGURE 2 BOUNDARY MAP SCHIEFFELIN ROAD PROPERTY APEX, NORTH CAROLINA v / ? p Q ,/-EMPLOYEE PA ING QUIPME T PARKING rl '> I ? ZI R?P?S D ?IILDING ROP SED ACCESS ROAD/ NOT TO SCALE JET AND/BUFFER CT AREA IMV/I??OAN[WfwL OQIAAI?/i. T.?/IITi ANO /Y/lYMIT IMOIAL/ITI 2216 OOBB/N PLACE OFF/CE: (O!0) 23!.4400 RALE/QH, NC 27604 FAx.• (n!D) 2s1. 1311 E-MAIL: nppeu/(mm/ndapdnp.eom NEXTEL O/RECT CONNECT: 1612 FIGURE 3 DEVELOPMENT PLAN SCHIEFFELIN ROAD PROPERTY APEX, NORTH CAROLINA NOTE: ALL WETLANDS ARE CONTAINED WITHIN NEUSE RIVER BUFFER. NO ADDITIONAL WETLANDS OR BUFFER WILL BE IMPACTED BY THE PROJECT. 430 -,EXISTING a 1IYyER MI TTENT STREAM CHANNEL 1, N .- U w - J I 428 1 fL UFFER EXISTING Ir LIMITS BR WETLAND AREA i 42 NN LIMIT r` '{2001 A. ROPOSED SF cT A N rn? ? CULVERT IE N1 EXTENSION OF 41? I EE/ F FEET) FILL X \ SCHIEFFELIN R q0R --__ 'M. SCALE: 1"-60' ?_:- =era wwrviw,owrrinrrwc aowrsui.rwivrswwrnyiarrraricurriry 2210 OOBB/N PLACE OPF/CE: (a/0) 231.4400 RALEIGH, NC 27604 FAX: (010) 231.1311 E'-MA/L: ngpau/®m/ndapNnp. cam NEXTEL O/RECT CONNECT: 1612 FIGURE 4 CROSSING RESOURCES SCHIEFFELIN ROAD PROPERTY APEX, NORTH CAROLINA XISTING I RMITTENT STREAM CHANNEL- BUFFER 1 LIMIT /'/SCALE: 1" 50' L? -------- - - - -- - - 221 B DOBBIN PLACE OFF/CE: (D'1 D) 231.4400 RALE/OH, NC 27604 FAX.• (D!D) 231.1311 E-MAIL: nppau/(Mm/ndapNnp. cam NEXTEL O/RECT CONNECT: 1612 BUFFER IMPACT AREA (7,890 SF) FIGURE 6 BUFFER IMPACT SCHIEFFELIN ROAD PROPERTY APEX, NORTH CAROLINA CROSS SECTION THROUGH SCHIEFFELIN ROAD SOUTHEAST 430 z 428 O F 428 a w 424 422 420 NOT TO SCALE NORTHWEST SCHIEFFELIN ROAD EXISTING CULVERT CULVERT INTERMITTENT - STRERCA4-- fNNfONAAWTi?L QONO?f/L TAN7f ANO rf~17' fMl?A 4Lrf7f 2216 DOBBIN PLACE OFF/CE: (PIMP,) 231.4400 RALEIGH, NC 27604 FAX: (010) 231.1311 E-MAIL: n®peul®mindspr/ng.aom NEXTEL DIRECT CONNECT.- 1612 FIGURE 6 CROSS SECTION SCHIEFFELIN ROAD PROPERTY APEX, NORTH CAROLINA Ar/VV/RONMAVVTAL CO/VaUL TANTS ANO PERM/T aPArC/AL/STs 2296 DOBBIN PLACE OFFICE: (7979) 231.4409 RALEIGH, NC 27604 FAX: (919) 231.1311 E-MAIL: ngpaul(CDmindapring.com NEXTEL DIRECT CONNECT., 9692 CERTIFIED MAIL - RETURN RECEIPT REQUESTED March 12, 2001 Mr. John Domey Division of Water Quality, Wetlands Section l(.1-0 F-'%4:1 Cal ? Raleigh, North Carolina 2,169T LM _ I L VO Subject: NCDWQ Project Number: 000807 Schieffelin Road Property, PSNC Energy Apex, Wake County, North Carolina Gentlemen, This letter is to notify you the proposed project, indicated above and described in the attached application, is under consideration by the U.S. Army Corps of Engineers, Nationwide Permit authorization. This application is being provided for your review under 401 Water Quality Certification and Neuse River Buffer rules. Thank you for your assistance and please feel free to call me at (919) 231.4409 if you have any questions or if there is any deficiency. Cordially yours, ECPS, Inc. 4AO??A. P44 Nelson G. Paul, PWS General Manager/Land Use Consultant ENV/RONMLNTAL CO/VJ9"L TA/VTS ANO PLRM/T aJwAffC/AL/STS 2216 DOBBIN PLACE OFFICE: (919) 231.4409 RALEIGH, NC 27604 FAX.• (919) 231.1311 E-MAIL: ngpeu/(Mm/ndspr/ng.com NEXTEL O/RECT CONNECT.- 1612 March 12, 2001 US Army Corps of Engineers Wilmington District Office PO Box 1890 Wilmington, North Carolina 27636-3726 Subject: Action ID: 200021198 Schieffelin Road Property, Apex Ventures, LLC Apex, Wake County, North Carolina Gentlemen, This letter is submit the attached Nationwide Permit application for the above-mentioned project. Additionally, application has also been provided to the State of North Carolina, Division of Water Quality for consideration under 401 General Certification and Neuse River Buffer rules. Thank you for your assistance and please feel free to call me at (919) 231.4409 if you have any questions or if there is any deficiency. Cordially yours, ECPS, Inc. 40k Nelson G. Paul, PWS General Manager/Land Use Consultant ?1IATER DUALITY ,?L=NHIN(_) -a :919-715-7 ,-7 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 Mar 14 '01 :1::'? r^ 011-')1 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES July 25. _1000 Wake County DWQ Prolcct a 000307 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Apex ventures. LLC Ctatns Deco..Maruilyng Farmcr 333 Fayetteville St Mall. Ste 1000 Raleigh, NC 21601 Dear Mr. Drawn: You have out approval, in accordance with the anachcd conditions and those listed below, to place fill matentd in 0,065 acres of wedanda and '15 linear feet of streams snd 0.13 acres of stream buffers for the purpose of construcung a road crossing at Schiefflin Road as described in your applicauon dated June 16, 3000. After reviewing your application, we have decided that this fill is covered by General Water Quality Ccrificanon Number 3289. This ceruftcanon allows you to use Nationwide Penrut Number IS when the Corps of Cnlpricers issues it. in addition. you should get any other federal, grate or local permits before you go ahead with your prvlcct including (but not limited to) Sediment and flonon Control. Costal Stormwater. Non-Discharge and Water Supply Water 3hcd rrgulanons. This approval will cxpuT -1 ^ nr accompanytrig 404 or C kMA permit expires unless otherwise specified in the General Ccrnficauon. This approval is only valid for the purpose and design that you described in your application except as riaodifted below If you chan¢c ,our vrolect you must notify is and you may be required to send us u new application Y -h,: ;ropcm : s sold. -bc -- s,.vner must tie given .t copy of dus Cer45caaon and approval letter and is thereby responsible for complying with ,dl conditions. If total ^edand fills for this projev 'now or in the future) exceed one acre. compensatory rniugotion may be required ss described in 15A NCAC 2H 0506 (h) (6) and ( 7). !'or tha ,ocroval to be valid, you must follow the conditions listed in the attached cemficatton and my additional conditions listed below I Deed nouficaoons or similar mcchanisytta shall be placed on ail remaining Junsdicnomd wetlands and streams to notify the state in order to assum compliance for future wetland and/or water impact. These mcchaniams ;hall be put in place within 30 days of the date of dds ;crier or the issuance of the 404 Permit !whichever is lutert. 2. Storrnwamr shall be directed to flow at non-erosive velocnncs across the ennm pmiecttd rtrram buffers. If you do nor accept any of the condinom of this eetutication. you may ask for an ad)udicatory hearing. You must act widen 60 days of the date lhw you receive this lenef. 7,) ask fora hearing. scud a wnnca pcnaon. Miuch conrorens to Chapter 150E Of the North Carolina Gcnexal Statutes to the Office of Administrative Hearings. P 0 Box 27"T Raleigh. N C. 27611-7447, This aeriiricadon snd its condinons are [mal and binding unless you ink for a hearing. This letter completes the review of the Division of Water Quality under Sei:uon 401 nt the Clean Water Act. if you have uiy quesnons, please telaphore loon Domry at 919-773-9646. .Artachment cc! Corps of Engineers Raleigh Field Office Raleigh DWQ Regional Office Raleigh Division of Land Rc3outc°s NelsorsPatd: ECPS. Inc. File copy Central Flea Sincc r(lr T, yens /? 1,0 M&I 11 Division of Water Quality - Non-Discharge Branch 1621 Mail Service Contor Raleigh NC 27669-1621 Telephone 919-733-1786 FAX it 733-9959 An Equal Opportunity Affirmative Action Employer - ')% recycled/10% DOGI consumer pepar - - -__: -------------------------------------------- ___--- --------------- g______?______?__. ENV/MO/VMAWNTAL C47AfJ9"L TA/VTa AMO PArRM/T SPArC/AL/aTAV 2216 DOBBIN PLACE OFF/CE: (91 H) 231.440D RALEIGH, NC 27604 FAX. (H 19) 231.1311 E-MAIL: ngpmu1(CDm1ndapr/ng. com NEXTEL DIRECT CONNECT. 1612 CERTIFIED MAIL - RETURN RECEIPT REQUESTED March 12, 2001 010 5 0 0 „401 issu LU Mr. John Domey Division of Water Quality, Wetlands Section 1(-'VC /te4:1 em u:?. C413E' Raleigh, North Carolina 2.7T Z1(''n - 1(- Vo Subject: NCDWQ Project Number: 000807 Schieffelin Road Property, PSNC Energy Apex, Wake County, North Carolina Gentlemen, This letter is to notify you the proposed project, indicated above and described in the attached application, is under consideration by the U.S. Army Corps of Engineers, Nationwide Permit authorization. This application is being provided for your review under 401 Water Quality Certification and Neuse River Buffer rules. Thank you for your assistance and please feel free to call me at (919) 231.4409 if you have any questions or if there is any deficiency. Cordially yours, ECPS, Inc. 401V??A . P44 Nelson G. Paul, PWS General Manager/Land Use Consultant