20031587 Ver 1_COMPLETE FILE_20031217

ivrrcnael r. nasiey, vovemor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
j Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
December 19, 2003
Wake County
DWQ Project # 03-1587
Harvey L. Montague
10305 Penny Road
Raleigh, NC 27606-9107
Subject Property: Ten Ten Utility Extension
APPROVAL of 401 Water Quality Certification and Neuse River Buffer Rules
Dear Mr. Montague:
You have our approval, in accordance with the attached conditions, to impact 40 feet of temporary
perennital stream and 0.1076 acres of Neuse Buffers for the purpose of sewer line extension as you
described in your application dated December 10, 2003. After reviewing your application we have
decided, this fill is covered by General Water Quality Certification Number 3402. 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 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. Also 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 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. This approval shall expire when the .corresponding Nationwide Permit
expires or as otherwise provided in the General Certification. 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 and those listed below.
Conditions of Certification:
1. Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
t NR
N. C. 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)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands
Page 2
Mr. Montague
December 19, 2003
Violations of any condition herein set forth may result in revocation of this Certification and may result
in criminal and/or civil penalties. This Certification shall become null and void unless the above
conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within ?0 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 a?d binding unless you ask for a hearing.
This letter coml
Water Act. If
Zarzecki at 919-
the review of the Division of Water Quality under Section j 401 of the Clean
have any questions, please telephone John Dorney at 919-733-9646 or Bob
Sincerely,
I0-
limek, P.E.,
Director
JRD/bs
Attachments:
Cc: USACE Raleig
DWQ Raleigh
File Copy
Central Files
Blackburn Con
of Completion
Regulatory Field Office
esional Office
Engineers, 234 East Main Street, Clayton, NC 27520
DWQ # 03-1587
401 ??SSSUF G 39
40 1S9
Blackburn Consulting Engineerin WET N 74U1 GROUP
? g_
234 East Main Street
Clayton, NC DEC 1 7 2003
Phone: [phone] Fax: (919) SSCK $WATT UALITY SECTION
Np t
December 3,02'`~---,
US Army Corps of Engineers NCDE - WQ ,_
Raleigh Regulatory Field Office Parkview Building
6508 Falls of the Neuse Road, Ste. 120 2321 Crabtree Boulevard
Raleigh, NC 27615 Raleigh, NC 27604
Attn: Ms. Amanda Jones Attn: Mr, John Dorney
RE: Nationwide permit 39, section 404, 401 water quality, and Riparian Rules.
To Whom It May Concern:
On behalf of Harvey L. Montague, LLC, I am submitting an application for 2
stream crossings for a sanitary sewer utility crossing. Enclosed you will find an
application with supporting maps, a copy of a USGS map of the area, a copy of the Wake
county soil map, an agent authorization form from the owner, and a check for $240 for
the 401 certification. These crossings are necessary for the proposed sanitary sewer
outfall. Please contact me immediately if you have any questions or concerns with this
application.
Sincerely,
Sean P. Hein, PLS
Enclosures:
1. Application
2. Wake county soil map
3. NCGS Quad map
4. -NVA+Iftp
6. Check for $200 payable to NC Division of Water Quality.
Office Use Only: Form Version October 2001
USAGE Action No. DWQ NO.
If any particular item is not applicable to this project; please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
f. Processing
L Check all of the approval(s) requested for this project:
X Section 404 Permit
? Section 10 Permit
X 401 Water Quality Certification
X Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: 39
3. If this notification is solely a courtesy copy because written approval for the 401 Cert ification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here:
H. Applicant information
1. Owner/Applicant Information
Name: Harvey L. Montague
Mailing Address: 10305 Penny Road
Raleigh, NC 27606-9107
Telephone Number: Fax Number:
E-mail Address:
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name: Sean P. Hein
Company Affiliation: Blackburn Consulting
Mailing Address: 234 East Main St
Clayton, NC 27520
Telephone Number:919-553-2900 Fax Number:919-553-7298
E-mail Address: [e-mail]
Page 5 of 12
lam. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as. towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other` facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to `a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Ten Ten Utility Extension
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 0751.11-55-6264
4. Location
County: Wake Nearest Town: Apex
Subdivision name (include phase/lot number): Between Carey C. Jones Industrial Park and
Pinnacle Place Condominium
Directions to site (include road numbers, landmarks, etc.): Carey C. Jones Industrial Park is
south of the "T" intersection of Ten-Ten Road and Penny Road. Pinnacle Place
Condominiums is on Reliance Drive South of Ten-Ten Road
5. Site coordinates; if available (UTM or Lat/Long):
Impact. 1: LAT=35°42'57.15" LONG=78°49'11.59"
Impact 2: LAT°35°42'52.47" LONG=78048'45.12"
6. Describe the existing land use or condition of the site at the time of this application:
Commercial and vacant properties
7. Property size (acres): N/A
8. Nearest body of water (stream/river/sound/ocean/lake):
9. River Basin: Neuse
10. Describe the purpose of the proposed work: Sewer line extension
11. List the type of equipment to be used to construct the project: Excavation/digging machinery..
Page 6 of 12
IV.
V.
12. Describe the land use in the vicinity of this project: Commercial properties and vacant
properties
Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
cert ifications or other useful information. Describe previously .approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
None known.
Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application:
None known.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. ` Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. w etiand impacts
wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Located within
100-year floodplain**
es/no Distance to
Nearest Stream
linear feet
Type of Wetland***

Page 7 of 12
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing; grading, fill,
excavation; flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding V
** 100-Year floodplains are identified through the Federal Emergency -Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local iloadplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at 1hw://www.fema: ov.
*** List a wetland type that best 'describes wetland to be impacted (e.g., freshwater/saltwater marsh; forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property:
Total area of wetland impact proposed:
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
indicate on'map)
Type of Impact* Length of
Impact
(linear feet
Stream Name" Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)
1 Temporary 20 UT to 3' Perennial
2 Temporary 20 UT to 6' Perennial I
I

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
Stream naives can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs ov. Several internee sites also allow direct download and printing of USGS maps (e.g., www.topozone.corn
unvw.mapguest.com etc.).
Cumulative impacts (linear distance in feet) to all streams on site: `40
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U. S.
Open Water Impact
Site Number
(indicate on ma
Type of Impact* Area of
Impact
acres Name of Waterbody

(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, oceanetc.

_- •••r??a..Ya ---Y - -u 1141iy tvuyviaiy uupauw. uupacts inciuae, out are not limited to:. tilt, excavation, dredging,
flooding, drainage, bulkheads, etc.
Page 8of12
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included witli this application.
Pond to be created in (check all that apply): ? uplands Q stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc'.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
V1I. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
infonnation related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
VIA. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a ' required mitigation plan or NCWRP concurrence shall be ` placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.ac.us/ncwetlands/strmaide.htm].
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism_ (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.uVwrp/index.htm. If
use of the NCWRP'is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
Land?
Yes ? No X
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
Page 10 of 12
X.
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence tom the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify Neuse )?
Yes X No ? If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Multiplier Required
Mitigation
1 t 3 _-
9054
2 1.5 2502
Total 4688 11,556
.1 ?,ILVU"" .,UL Jv IocL pcrpenmculaz uom near oanx of cnannel; Gone 1 extends an
additional 20 feet from the edge of Zone 1,
XI.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B.0242 or.0260.
Stormwater (DWQ Only)
Page 11 of 12
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
No impervious `surface change
XU. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Waste water connected to public system
XM. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (I 5A NCAC 2H.0500) or any Buffer Rules?
Yes ? No X
Is this an after-the-fact permit application?
Yes ? No X
XIVV. Other Circumstances (Optional);
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However; an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
-- / 2-
-IZ;'
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

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