20110430 Ver 1_Initial Interest_20110504

Form Version 6.3
&K -
A X. 1 - a ?ir3 February 9, 2011
NCDENR P
INITIAL INTEREST IN PARTICIPATION IN THE EXPRESS REVIEW PROGRAM
WITHIN THE WETLANDS, BUFFERS, STORMWATER, COMPLIANCE AND PERMITTING UNIT
A. Applicant Information
1. Processing
? 401 Water Quality Certification (List NW(s) or GP# verified by Corps:
? Non-404 Jurisdictional Permit
? Riparian Buffer Authorization
1 a. Type(s) of actions
d ? Riparian Buffer Minor Variance
?
"
"
requeste
: Major
Variance
Coastal General
(Check all that apply) Stream Determination: J, # Streams
? Non-404 Wetiand Determination: # Wetlands
? Stormwater Management Plan Review (fee not additive if combined with 401):
# of Drainage Areas/Project Site
2. Project Information
2a. Name of project: & ye- Si 4e
2b. County:

2c. Latitude/Longitude: /
Lat: 3S• 7703 6
Long:- g? <d-?,c2 Z
2d. River Basin: Y 4q ei La k
2e. Tax PIN or Parcel ID: / 1 0733 O `f `1-
2f. Nearest Named Stream: C- f ?u?a n G
2g. Water Quality Classification of Nearest Named Stream: WS -M- A/,5 Ik/
2h. Total project acreage (Stream or wetland determinations may omit this item): (acres)
2i. Total Built Out Imperviousness (Stream or wetland determinations may omit this item): %
2j. Provide a brief description of this project (attach a site plan): . j 1
60 0,.t?o 6.;I/ oayGar? Gen7er w;?+ P??V greun???r4i e!c
J

2k. Provide directions from the nearest named town, including street names and/or highway numbers:
4
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,
t 4- NG k:7 ,55 ih fer tt C 0^ 1 fa Ae, 'lam S5 4
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Please attach a map of the site location using USGS 1:24,000 topographic map and a copy of the latest bound
and published County soil survey with the projectfsite boundaries delineated. A site plan should also be included
for all projects other than stream and wetland determinations.
Initial Interest Form v6.3 Cont.
C ° 1 C` . -
3. Applicant Information
3a. Applicant is: ElOwner E] Agent Other:
3b. Name:
3c. Business name (if applicable): I "J R6 a,
3d. Street address: 5 7
3e. City, State, zip: Y G A ,, ( 2-7-71-7 -050-7
3f. Telephone no.: 9/ 9 -2 3- -70961 3g. Fax no.: , I r1 3 2 I- G S g 8
3h. Email address: c 0,.n
4. Agent/Consukant Information (if app icable)
4a. Contact Name: n A u i j
4b. Company Name: S6,4 Y zo vir
4c. Street address: /00 ASO k ? a 6.3
4d. City, State, zip: u ?-?? J v?-??t. /I/ L ;Z `7d 3
4e. Telephone no.: f ? SO S'7 4f. Fax no.: 11) _ fit- 7,-7
4g. Email address: 6; p V i 'L d r, s a ?q ; ?• c e :?..
5. Proposed Impacts (include both temporary and permanent) [Determination requests may omit this item]
5a. Total 404/401 wetland impacts: (acres) 5b. Total non-404/401 wetland impacts: (acres)
5c. Total 404 stream impacts: Intermittent: (linear feet) Perennial: (linear feet)
5d. Total non-404 stream impacts: Intermittent: (linear feet) Perennial: (linear feet)
5e. Total riparian buffer impacts: Zone 1: (sq. feet) Zone 2: (sq. feet)
6. Project History and Additional Information
6a. Has any DWQ staff visited the site? Yes No
If yes, provide staff name: Mai%h R,Ah4nd date of visit: 2 5- 201 D
6b. Does this project require a Stormwater Management Plan (SMP)? Yes ? No E] Unknown

6c. Who will be responsible for the review of the SMP? Certified Local Gov't:
DWQ Stormwater Program
DWQ 401/Express Review Unit
6d. Does this project require approval under SEPA or NEPA? 11 Yes [No [] Unknown
6e. Is this project an after-the-fact application or has a DWQ notice of violation been issued? []Yes No
6f. Does this project include buffer impacts that are "prohibited" in the DWQ "Red Rule Book"? [] Yes No
6g. If you are aware of any local controversy concerning this project, provide details in a cover letter. Describe the
controversy and any measures that have been taken with respect to public involvement.
This form must be submitted via email (do Lia.M.GilleskiD-ncdenr.gov and/or Joseah.Gyamfi(&ncdenr.gov), faxed (919-
807-6494), or hand-delivered to: 512 N. Salisbury St (Archdale Bldg), 9P Floor, Raleigh, North Carolina 27604. Applicants
who are selected to participate in the Express Review Program will be notfied via email or fax. Successful applicants will
then be instructed regarding detailed procedures for full application (Note: Submittals of the review packages on Friday
after 12:00 pm will be stamped as received on the next business day).
Please contact Lia Myott Gilleski (919-807-6446) or Joseph Gyamfi (919-807-6426) if you have any questions regarding
this form.
CC . lcr?c,hv?l rTorik C4kav:s
221`] IvG SShf??
Ate, NC 2.1SDZ - 2 F43
2
Gilleski, Lia
From: John R. Davis, Jr. [[e-mail]]
Sent: Wednesday, May 04, 2011 11:50 AM
To: Gilleski, Lia
Subject: Initial Interest Form
Attachments: Initial Int Cary Daycare 1.pdf; Director Stream Request.PDF; Turner Creek.pdf
Follow Up Flag: Follow up
Flag Status: Flagged
Lia, Please see attached form and supporting documents. This is part of an appeal to DWQ for a stream call.
We are in dispute with Wake County's determination. The attachment named "Turner Creek" is one site plan
for this project.
Thanks John
John R. Davis, Jr. LSS
Soil Horizons, Inc.
www. soilhorizons. info
PO Box 1063
Youngsville, NC 27596
919-818-5087
zffll Soil Horizons, Inc.
PO Box 1063
Youngsville, North Carolina 27596
April 5, 2011
Director of NC Division of Water Quality
c/o Ian McMillan
DWQ Wetlands/401 Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Re: Proposed Day Care 2213 NC 55, Cary, NC (PIN 073375042)
This is an official dispute notice of a stream determination made on March 23, 2001 by Wake
County Environmental Services, the delegated authority to administer the Jordan Lake buffer
rules in Wake County. Feature "A" shown on figure 3 is the only feature in dispute with the
Wake County Environmental Services report dated March 28, 2011 copy attached.
We have reason to believe that your office may render an alternate stream/buffer determination
call on the above referenced site. For one, the U.S. Army Corps of Engineers made a site visit
during summer of 2010 and determined that the northern most reach of feature "A" is classified
as a linear wetland. The section downstream of the linear wetland is a small pond and classified
as "Open Waters of the United States". The reach below this pond dam is classified as an
unimportant intermittent stream channel that does not require impact mitigation.
Also, feature "A" has poor quality aquatic habitat and function due to historic debris that has
been dumped into this feature. Also, the stormwater runoff from the school is channeled
through this feature.
We believe that another review of this feature is necessary and prudent and may lend some
regulatory consistence or congruence to the jurisdictional determination made by the U.S. Army
Corps of Engineers on behalf of the U.S. Environmental Protection Agency and the U.S. Fish
and Wildlife Service. Furthermore, from the previous determination, we are not sure if feature
"A" was determined to be subject from the start point, an offsite location, throughout our subject
site. Also, we have not seen any stream forms to justify how the stream call was objectively
determined or if the stream was determined to be perennial or intermittent.
Soil Evaluations For On-Site Wastewater Systems
Wastewater System Design And Permitting
Stream and Wetland Delineations and Permitting
Subsurface Wastewater Svstem Oneration
Proposed Cary Daycare Jordan Lake Stream/Buffer DWQ Director Determination Proposal 12.2
Attached are documents that will help brief the Director on the nature of this site and feature.
Please let us know if you require any additional documentation to make this stream
determination review under the Jordan Lake buffer rules. Please give us a call at 919-818-5087
to schedule a date and time to meet at the site to conduct this determination.
Sincerely,
John R Davis. Jr.
Licensed Soil Scientist
Encl. Figures 1-6.
Photo Groups 1 - 4.
IM-PM
71E Environmental
Services
March 28, 2011
John R. Davis, Jr. LSS
Soil Horizons, Inc.
k"vxk. soil horizons. info
PO Box 1063
Youngsville, NC 27596
919-818-5087
Jordan Buffer WC-11-001
cl 919 856 7400
Fax [phone]
Water Quality Division
336 Fayetteville Street • Raleigh, NC 27602
www,wakegov.com
Wake County
Project Name: Proposed Day Care 2213 NC 55, Cary, NC (PIN 073375042)
Location/Directions: Site is on NC 55 just south of Turner Creek Elementary School
Subject Stream: UT to White Oak Creek
Date of Determination: 3/23/2011
Feature Not Subject Subject Start@ Stop@ Soil Survey USGS Topo
A til
B ti
C rVe v

Explanation: The feature(s) listed above has or have been located on the Soil Survey of Wake
County, North Carolina or the most recent copy of the USGS Topographic map at a 1:24,000
scale. Each feature that is checked "Not Subject" has been determined not to be a stream or is
not present on the propert),. Features that are checked "Subject" have been located on the
property and possess characteristics that quay it to be a stream. There may be other streams
located on your property that do not show upon the maps referenced above but, still may be
considered jurisdictional according to the US Army Corps of Engineers and/or to the Division
of Water Quality.
This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected
parties that dispute a determination made by the DWQ or Delegated Local Authority may request a
determination by the Director. An appeal request must be made within sixty (60) days of date of this letter
or from the date the affected party (including downstream and/or adjacent owners) is notified of this
letter. A request for a determination by the Director shall be referred to the Director in writing clo Ian
:11IcMillan, DWQ Wetlands1401 Unit, 1650 Mad Service Center, Raleigh, NC 27699-1650.
Jordan Buffer Letter WC-11-001
Page 2 of 2
If you dispute the Director's determination you may file a petition for an administrative hearing. You
must file the petition with the Office of Administrative Hearings within sixty (60) days of the receipt of
this notice of'decision. A petition is considered filed when it is received in the Office ofAdministrative
Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday
through Friday between the hours of 8:00 am and 5: 00 pm, except for official state holidays. To request
a hearing, send the original and one (1) copy of the petition to the Office ofAdministrative Hearings,
6714 Mail Service Center, Raleigh, NC 27699-6714. The petition may also be faxed to the attention of
the Office ofAdministrative Hearings at [phone], provided the original and one (1) copy of the
document is received by the Office of Administrative Hearings within five (5) days following the date of
the fax transmission. A copy of the petition must also be served to the Department of Natural Resources,
c% Mary Penny Thompson, General Counsel, 1601 Mail Service Center, Raleigh, NC 27699-1601.
This determination is final and binding unless, as detailed above, you ask for a hearing or appeal within
sixty (60) days.
The owner/future owners should notify the Division of Water Quality (including any other Local,
State, and Federal Agencies) of this decision concerning any future correspondences regarding the
subject property (stated above). This project may require a Section 404/401 Permit for the
proposed activity. Any inquiries should be directed to the Division of Water Quality (Central
Office) at (919)-807-6301, and the US Army Corp of Engineers (Raleigh Regulatory Field Office) at
(919)-554-4884.
If you have any questions regarding this determination, please contact me at [phone].
Respectfully,
/"' "
le,
Betsy Pearce, CFM, CPSWQ
Environmental Engineer ! Consultant
cc: Wetlands, Buffers, Stormwater Compliance and Permitting Unit, 1650 Mail Service Center,
Raleigh, NC 27699-1650
WC File Copy
Site Map - Wake GIS
WAKE, Environmental
COUNTY Services
NRCS Sheet a
rF_ 919 856 7400
FAX [phone]
Water Quality Division
336 Fayetteville Street • Raleigh, NC 27602
www.wakegov.com
Stream start point
Date: May, 2010
SOIL HORIZONS, Inc.
PO Box 1063
Youngsville, NC 27596
STREET MAP
Proposed Cary Daycare Site
Wake County, North Carolina
FIGURE 1
To Hwy 64
approx. 2 miles
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Date: May, 2010
SOIL HORIZONS, Inc.
PO Bog 1063
Youngsville, NC 27596
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Aerial Photo
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Proposed Cary Daycare Site
Wake County, North Carolina
Figure 2
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Date: May, 2010 SOIL HORIZONS, Inc.
PO Box 1063
Youngsville, NC 27596

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USGS Map
Proposed Cary Daycare Site
Wake County, North Carolina
FIGURE 3
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+ ? r.1"' ? ?.,a w, _ F- ? iu IN {?i . £ 'sit -s - ? •
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Wake County Soil Map # 55-
NRCS Soil Map
Date: 02/26/2010 SOIL HORIZONS, Inc.
PO Box 1063 Proposed Cary Daycare Site
Youngsville, NC 27596 Wake County, North Carolina
Figure 4.
1

W-33
''3 S-30a&b
W-24
' 5 S-25a&b

Upland Data Pt.
W-1
Linear Wetland
W-1 to W-12. A
_... -?
Wetland & WOGS } 97
W-13 to W-25 ?.
j Site ?-
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Ephem. Drain
S2-la&b to S-12 `
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a YJ+ T' 4, -
0404 Wetlands O 404 Wetlands O Ephem Drain
And WOUS
Date: May, 2010
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SOIL HORIZONS, Inc.
PO Box 1063
Youngsville, NC 27596
1
RPW
Wetland Map
Proposed Cary Daycare Site
Wake County, North Carolina
FIGURE 5
S-1 a&b -
Date: June, 2010
SOIL HORIZONS, Inc.
PO Box 1063
Youngsville, NC 27596
Proposed Cary Daycare Site
Wake County, North Carolina
Photo Group #1
Photo 1: Tires, tin and other debris in the linear wetland
feature above an existing road crossing near the northern
boundary of the project. Flags W-1 to W-12.
Photo 2: More debris in the linear wetland
feature near the northern boundary of the project.
Date: June, 2010
SOIL HORIZONS, Inc.
PO Box 1063
Youngsville, NC 27596
1Y;
Proposed Cary Daycare Site
Wake County, North Carolina
Photo Group #2
Photo 4: Outlet pipe below small impoundment
and 404 wetlands. Flags S24A and B at pipe outlet.
Photo 3: Small impoundment flagged as 404 wetlands
approximately 50 foot diameter. Flags W-13 to W-25.
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r? ; /„ a .may R p, 1 3Y4.N ?? r } 7
- .450
Y ,.v?`' ? err ??Ji'A? > !Et•
77?1-
Photo 5: Typical bed downstream of small impoundment.
Roots and pebbles in bed. Invasive microstegia along banks.
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S $ a $ • ?. .s ..
Photo 6: Typical bed and bank in vicinity of stream assessment
form. Does not flow much in the growing season.
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Date: June, 2010
SOIL HORIZONS, Inc.
PO Box 1063
Youngsville, NC 27596
f:
Proposed Cary Daycare Site
Wake County, North Carolina
Photo Group #3
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Photo 7: Typical reach about 100 feet upstream of
Convergence with Jack's Branch (Feature B on Figure 3.)
Stream form completed upstream of rusted 55 gal. barrel.
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{ Y 1 ` ?? x 6
?. '. a'i _ t ..f'i't t ?:. .4 :. ....` . -• '" ''?°? ? .a
Photo 8: Nick point at intersection with Jack's Branch.
Blue and white flag on left is S2-12A.
SOIL IIOPJZONS, Inc.
Date: June, 2010 PO Box 1063
Youngsville, NC 27596
Proposed Cary Daycare Site
Wake County, North Carolina
Photo Group #4
1
tap created on
:?owau?t
0404 Wetlands O 404 Wetlands O Ephem Drain
And WOUS
® RPW
Photo Map
Date: June, 2010 SOIL HORIZONS, Inc. PO Box 1063 Proposed Cary Daycare Site
Youngsville, NC 27596 Wake County, North Carolina
FIGURE 6
City of Raleigh. Wake %oun'; - - }
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