HomeMy WebLinkAbout20140662 Ver 1_Stormwater Approval_20150129 (2)LETTER OF TRANSMITTAL
To Mrs Cherne Smith
MCADAMS
Date
NC Division of Water Resources
Wetlands and Stormwater Branch
1650 Mail Service Center
Raleigh, North Carolina 27699
Re NTA Yard Expansion
DWQ 401 Submittal
I am sending you the following item(s)
January 27. 2015
REGULAR MAIL
Job No DKE -14000
COPIES
DATE
NO.
DESCRIPTION
1
Digital Copy of Approved Stormwater Management
Plan
These are transmitted as checked below
❑ As requested
❑ For approval
❑ For review and comment
Remarks
Copy to
❑ For your use
® For Review
Signed
George Buchholz, RE PWS
Environmental
Consultant/Project Manager
Raleigh- Durham Charlotte
2905 Meridian Parkway 11301 Carmel Commons Blvd , Suite 111
Durham, North Carolina 27713 Charlotte, North Carolina 28226
(919) 361 -5000 (704) 527 -0800
Designing Tomorrow's Infrastructure & Communities
McAdamsCoxom
The John R McAdams
Company, Inc
Raleigh / Durham, NC
2905 Meridian Parkway
Durham, North Carolina 27713
(919) 361 -5000
Charlotte, NC
11301 Carmel Commons Blvd,
Suite 111
Charlotte North Carolina 28226
(704) 527 -0800
�J McADAMS
January 27, 2015
Mrs. Cheme Smith
NC Division of Water Resources
Wetlands and Stormwater Branch
1650 Mail Service Center
Raleigh, North Carolina 27699
0P @rR 0WLT
JAN 2 9 2015
DENR -WATER RESOURCES
Re: Approval of 401 Water Quality Certification with Additional
Conditions (DWR #14 -0662)
Duke Energy Progress — Garner Mechanical Boulevard Complex —
NTA Yard Expansion
Garner, Wake County, North Carolina
DKE -14000
Dear Mrs. Smith:
Condition Number 2 of the issued Approval of 401 Water Quality
Certification with Additional Conditions (DWR #14 -0662; July 22, 2014),
requires the applicant to provide one copy (hard copy or digital) of the
approved Stormwater Water Management Plan, including plan details on full -
sized plan sheets, with proof of the Town of Garner's approval. Therefore
attached is a digital CD of the approved Stormwater Water Management Plan,
including plan details on full -sized plan sheets, with proof of the Town of
Garner's approval. If you should have any questions or require additional
information, please do not hesitate to contact me at (919) 287 -0890.
Sincerely,
The John R. McAdams Company, Inc.
George Buchholz, REM, PVroject Environmental Consultant/ Manager
Attachments: Listed above
McAdamsCo com Designing Tomorrow's Infrastructure & Communities
U.S. ARMY CORPS OF ENGINEERS COPY
WILMINGTON DISTRICT
Action Id. SAW- 2010 -00578 County: Wake U.S.G.S. Quad: NC -LAKE WHEELER
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permitee: JLL -Duke Energy
Patrick O'Toole
Address: 411 Fayetteville Street
Raleigh, North Carolina, 27601
Telephone Number: 919 -546 -3571
Size (acres) 69.1 Nearest Town Garner
Nearest Waterway Wildcat Branch River Basin Neuse
USGS HUC 3020201 Coordinates Latitude: 35.7223
Longitude: - 78.63045
Location description: The project area is located at the northern side of the intersection of Mechanical Boulevard and Loop
Road. PIN: 1701977908.
Description of projects area and activity: This verification authorizes the placement of fill material in 94.5 linear feet of stream to
facilitate the expansion of narking and staging areas at the Duke Energy Progress, Garner Mechanical Boulevard Complex.
Applicable Law: . ® Section 404 (Clean Water Act, 33 USC 1344)
Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide Permit Number: 39
SEE ATTACHED NWP GENERAL AND REGIONAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed
Conditions, your application signed and dated June 23, 2014, and the enclosed plan Figure 4 and Inset 1. Any violation of the
attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration
order, a Class I administrative penalty, and /or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and /or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone 919- 807 -6300) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management in Morehead City, NC, at (252) 808 -2808.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals /permits.
If there are any questions regarding this verification, any of the conditions of the Port-nit, or the Corps of Engineers regulatory
program, please contact David Shaeffer at 919 -554 -4884 X31 or David .L.Shaeffer(a,usace.army.mil.
Corps Regulatory Official: — Date: 7/15/2014
Expiration Date of Verification: 3/18/2017
SAW- 2010 -00578
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our customer Satisfaction Survey online at http: / /re ug latory.usacesurvey.com /.
Copy furnished:
Agent: The John R. McAdams Company
Geor$e Buchholz
Address: 2905 Meridian Parkway
Durham, North Carolina, 27713
Telephone Number: 919- 287 -0890
Action ID Number: SAW-2010-00578 County: Wake
Permittee: JLL-Duke Energy
Patrick O'Toole
Project Name: Duke Energy Progress, Garner Mechanical Boulevard Complex
Date Verification Issued: 7/15/2014
Project Manager: David Shaeffer
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: David Shaeffer
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date
MOTES
PIN'S:
1701982082
1711084402
LAT: 35.7232786 °N
LOG: 78.6338028 °W
HUC: 03020201
DWQ STREAM INDEX NUMBER:
STREAM P
WILDCAT BRANCH; 27 -34 -7
UT TO WI
BIG BRANCH; 27-34-11
176 L.F.
DWQ STREAM CLASSIFICATION:
50' NEU`.
WILDCAT BRANCH; CLASS C &
RIPARIAI
NUTRIENT SENSITIVE WATERS BIG
BUFFER
BRANCH; CLASS C & NUTRIENT
LINEAR W
SENSITIVE WATERS
1,342 S.F
0.03 AC.
WETLAND A
525 S.F.
0.01 AC.
WETLAND B
3,080 S.F.
0.07 AC,
LEGEND
PROPERTY B OU N D A Y --------- - ---------
+/- ACREAGE = 69.1 ACRES
WETLANDS
+/- TOTAL ACREAGE = 0.148 ACRES
STREAMS
+/- TOTAL LINEAR FEET = 950 FEET
50' NEUSE RIVER BUFFERS
+/- TOTAL ACREAGE = 1.76 ACRES
TREE CONSERVATION AREA
+/- TOTAL ACREAGE = 6.91 ACRES
PROPOSED STREAM IMPACTS
+/- TOTAL LINEAR FEET = 94.5 FEET
PROPOSED NEUSE BUFFER IMPACTS
+/- TOTAL ACREAGE = 0.09 ACRES
ig a
JUN 2 4 2014
RALEIGH REGULATORY
FIELD OFFICE
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LEGEND
EXISTING STREAM FEATURE C
179 L.F.
PROPOSED STREAM FEATURE C IMPACT
(FILL IMPACTS)
94.5 L.F
GRAPHIC SCALE
50 0 25 50 100
I inch = 50 ft.
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PROJECT NO. DKE 14000
NL���111 JJJ��� EXPANSION
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GARNER, NORT-i CAROLINA
, INC.
COMP!lNY, INC.
2905 Meridian Parkway
Durham, North Carolina 27713
License No.: C -0293
CADA� (800J 733 -5848 o McP.damsCo.com
STREAM B
SCALE: 1„ _ 50'._..
\ \ \ �-
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\ UT TO WILDCAT BRANCH
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JUN 2 4 2014
/ — -
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PROPOSED x �`
STREAM IMPACT /� Ijllll�lll �•�:
I \ \ \ WETLAND C g4.5 L.F. —
\ 1,369 S.F. x
/ \ \ —0.03 AC.
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/J/ l i
— STREAM C - \— / co
/ _UT TO WILDCAT BRANCH
__179 L.F.
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LEGEND
EXISTING STREAM FEATURE C
179 L.F.
PROPOSED STREAM FEATURE C IMPACT
(FILL IMPACTS)
94.5 L.F
GRAPHIC SCALE
50 0 25 50 100
I inch = 50 ft.
J,
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PROJECT NO. DKE 14000
NL���111 JJJ��� EXPANSION
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FILENAME:
OKE14000 —INSET 1
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P MIN E AINISId.V TTY
GARNER, NORT-i CAROLINA
, INC.
COMP!lNY, INC.
2905 Meridian Parkway
Durham, North Carolina 27713
License No.: C -0293
CADA� (800J 733 -5848 o McP.damsCo.com
SCALE: 1„ _ 50'._..
DATE: 06 -16- 2014.
Mr. Brandon Finch PE
McAdams Company
3905 Meridian Parkway
Durham, NC 27713
Town of Garner
900 7th Avenue • Garner, North Carolina 27529
Phone (919) 772 -4688 • Fax (919) 662 -8874 • www.GarnerNC.gov
November 20, 2014
Re: Duke Energy NTA Yard Expansion Nitrogen Offset Payment
Dear Mr. Finch:
The project referenced above has been reviewed and approved by the Town of
Garner. As a part of the approval process it has been determined that nitrogen offset buy
own in the amount of 13.98 per year for a project development acreage of 69.10 are due
and payable to a private mitigation bank within the Neuse 03020201. If there are no such
credits available from said banks, documentation indicating there are no available credits
should be presented along with payment to the North Carolina Ecosystem Enhancement
Program (NC DENR EEP) by the developer for development located in Neuse 03 02020 1.
The calculation is as follows:
13.98 pounds per year * 30 years = 419.33 total pounds to be offset by nitrogen
buy down.
By copy of this letter the developer of the referenced project is hereby directed to
make payment to a private mitigation bank or the NC DENR EEP, in the event that there
are no available credits, in the amount of 419.33 total pounds. The nutrient offset
program and further information regarding private mitigation banks can be found on the
following website:
http: / /portal.ncdenr.or web /wq /smT /ws /401 /certsandpennits /miti agation
Final approval of construction plans and/or issuance of a building permit will be
withheld until the Town of Garner has acknowledged receipt of the required offset
payment.
If you should have any questions concerning this matter, please call.
Sincerely,
a�' ag
k<a
Rametta
Stormwater Engineer
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
July 22, 2014
ILL -Duke Energy
Attn: Patrick O'Toole
411 Fayetteville St.
Raleigh, NC 27601
John E. Skvarla, III
Secretary
DWR # 14 -0662
Wake County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Duke Energy Progress — Garner Mechanical Boulevard Complex — NTA Yard
Expansion
Dear Mr. O'Toole:
You have our approval for the impacts listed below for the purpose described in your application
dated June 23, 2014 and received by the Division of Water Resources (Division) on June 27, 2014.
These impacts are covered by the attached Water Quality General Certification Number 3890 and
the conditions listed below. This certification is associated with the use of Nationwide Permit
Number 39 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you
should get any other federal, state or local permits before proceeding with your project, including
those required by (but not limited to) Sediment and Erosion Control, Non - Discharge, and Water
Supply Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certification and the
following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and general
conditions of the Certifications, General Permit and /or Buffer Rules are met. No other impacts
are approved, including incidental impacts.
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Stream
94.5 (linear feet)
0 (linear feet)
Noe
AatCarol
uwZ
North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, NC 27699 -1628 Phone (919) 791 -4200 Customer Service
Internet: www.ncwaterquality.org Location: 3800 Barrett Drive Raleigh, NC 27609 Fax (919) 788 -7159 1- 877 - 623 -6748
An Equal opportunity /Affirmative Action Employer — 50% Recycled110% Post Consumer Paper
Duke Energy Progress — Garner Mechanical Blvd Complex
DWR # 14 -0662
401 APPROVAL
Page 2 of 4
2. Stormwater Management Plan (SMP) Approval from Local Community Required
You are required to provide one copy (hard copy or digital) of the approved SMP, including
plan details on full -sized plan sheets, with proof of the Town of Garner's approval. The
approved SMP shall be submitted to the DWR Webscape Unit (1650 Mail Service Center,
Raleigh, NC 27699 -1650) before any impacts authorized in this certification occur. After it is
approved and submitted to the Division, the SMP may not be modified without prior written
authorization from the Town of Garner. If the SMP is modified in the future, then you shall
provide one modified SMP with proof of approval to the DWR Webscape Unit prior to the
commencement of the modifications.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre - Construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur.
4. Protective Fencin
The outside buffer, wetland or water boundary and along the construction corridor within
these boundaries approved under this authorization shall be clearly marked with orange
warning fencing (or similar high visibility material) for the areas that have been approved to
infringe within the buffer, wetland or water prior to any land disturbing activities to ensure
compliance with 15 NCAC 02H.0500.
This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification. If you
change your project, you must notify the Division and you may be required to submit a new
application package with the appropriate fee. If the property is sold, the new owner must be
given a copy of this approval letter and General Certification and is responsible for complying
with all conditions.
6. This approval and its conditions are final and binding unless contested.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing
a written petition for an administrative hearing to the Office of Administrative Hearings (hereby
known as OAH). A petition form may be obtained from the OAH at http: / /www.ncoah.com/ or by
calling the OAH Clerk's Office at (919) 431 -3000 for information.
Within thirty (30) calendar days of receipt of this notice, a petition must be filed with the OAH. A
petition is considered filed when the original and one (1) copy along with any applicable OAH filing
Duke Energy Progress — Garner Mechanical Blvd Complex
DWR # 14 -0662
401 APPROVAL
Page 3 of 4
fee is received in the OAH during normal office hours (Monday through Friday between 8:00am
and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of the
petition along with any applicable OAH filing fee is received by the OAH within five (5) business
days following the faxed transmission.
Mailing address for the OAH:
If sending by First Class Mail
via the US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service
(e.g. UPS, FedEx):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
Please send one (1) copy of the petition to DWR:
If sending by First Class Mail
via the US Postal Service:
Karen Higgins
NC DENR -DWR — Webscape Unit
1617 Mail Service Center
Raleigh, NC 27699 -1617
If sending via delivery service
(e.g. UPS, Fed Ex):
Karen Higgins
NC DENR -DWR — Webscape Unit
512 N. Salisbury Street
Raleigh, NC 27604
This letter completes the review of the Division under section 401 of the Clean Water Act. Please
contact Cherri Smith at 919 - 791 -4251 or cherri.smith @ncdenr.gov if you have any questions or
concerns.
Si cer ly,
Danny S th
Supervisor, Water Quality Regional Operations Section
Duke Energy Progress —Garner Mechanical Blvd Complex
DWR # 14 -0662
401 APPROVAL
Page 4 of 4
Enclosure: 3890
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade
Drive, St. 105; Wake Forest, NC 27597
George Buchholz; The John R. McAdams Company; 2905 Meridian Parkway; Durham,
NC 27713
DWR RRO 401 Files
H CDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Certificate of Approval
September 16, 2014
Duke Energy Progress, Inc.
Attn: Mr. Patrick O'Toole, PE
PO Box 1771
Raleigh, NC 27602
RE: Approval to Construct
Duke -Garner NTA Yard SWMF -4 Dam
Wake County
State Dam ID: WAKE -TBD
Dear Mr. O'Toole:
John E. Skvarla, III
Secretary
This is in response to your submission of plans, specifications and design data for the
construction of the subject dam in compliance with the Dam Safety Law of 1967 as detailed
below:
1. Construction drawings dated August 29, 2014, received on September 2, 2014 prepared
under the supervision of Mr. Matthew D. Williams, PE.
2. Construction specifications dated May 16, 2014, received on May 19, 2014 prepared under
the supervision of Mr. Jonathan A. Aldridge, PE.
3. Engineer's Report dated August 29, 2014, received on September 2, 2014 prepared under the
supervision of Mr. Jonathan A. Aldridge, PE.
The proposed dam will be located 1414 Mechanical Boulevard, Garner, NC 27529 and has been
determined to be of high hazard classification. Also, Check No. 88942 in the amount of $200.00
serving as the minimum application processing fee was received on May 19, 2014.
This letter constitutes approval of the proposal to construct the subject dam according to the
plans and specifications received by this Division on May 19, 2014 and September 2, 2014 with
the following stipulations:
Project construction shall be supervised by Mr. Matthew D. Williams, PE and Mr. Jonathan
A. Aldridge, PE. Mr. Matthew D. Williams, PE and Mr. Jonathan A. Aldridge, PE shall be
responsible for field observation of construction as necessary to ensure compliance with
approved plans.
Division of Energy, Mineral, and Land Resources
Energy Section • Geological Survey Section • Land Quality Section
1612 Mail Service Center, Raleigh, North Carolina 27699 - 1612.919- 707 -9200 / FAX: 919 - 715 -8801
512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: htp: / /Portal.ncdenr.org /web /Irl
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper
Mr. Patrick O'Toole, PE Duke -Garner NTA Yard SWMF -4 Dam
Approval to Construct WAKE -TBD
September 16, 2014
Page 2 of 3
2. During construction, the Division of Energy, Mineral, and band Resources may require such
progress reports as are deemed necessary.
In accordance with GS 143 - 215.29 and NCAC 15A-2K.0203,.0212,.0215, and .0216,
within 30 days of completion of the project, Mr. Matthew D. Williams, PE and Mr. Jonathan
A. Aldridge, PE shall inspect the completed work and upon finding that the work has been
done as specified and the dam is safe, shall file with the Division of Energy, Mineral, and
Land Resources two sets of record drawings and a certificate stating that the work has been
completed in accordance with approved plans, specifications and other requirements, and the
dam is safe.
4. Prior to issuance of the Approval to Impound, an Emergency Action Plan and Operation and
Maintenance Plan must be submitted and approved by this Division.
5. No water shall be impounded behind the dam until an approval to impound is issued by the
Division of Energy, Mineral, and Land Resources for operation of this dam.
6. This approval does not convey the right to access the private property of others. Any
required access to perform the approved work must be secured prior to initiation of
construction activities.
7. You must notify Mr. John Holley, PE, Regional Engineer, Land Quality Section, 1628 Mail
Service Center, Raleigh, North Carolina 27699 -1628 or 3800 Barrett Drive, Raleigh North
Carolina 27609, telephone number (919) 791 -4200 ten days before the start of construction.
The Army Corps of Engineers and the Division of Water Resources of this Department should be
contacted to determine if additional permits are required. Also, the erosion and sediment control
program having jurisdiction should be contacted to determine permit requirements. In any case,
sediment shall be prevented from entering the waters of the state or flowing onto neighboring
property.
I am enclosing a copy of an Owner's Certification Form and an explanation of the final
processing fee calculation. An additional fee will be required when the engineer's certification is
submitted if the construction cost exceeds $10,001.00. In any event, the cost certification must
be completed and returned with the engineer's certification before an approval to impound can be
processed.
The Dam Safety Law of 1967 requires that project construction commence within one year from
the date of this approval, or the approval is void. For assistance, you may contact Mr. John
Holley, PE in the Raleigh Regional Office at telephone number (919) 791 -4200 or the Dam
Safety Program in the Raleigh Central Office at telephone number (919) 707 -9220.
Sincerely,
Trac E Davis, PE, CPM
Director
Mr. Patrick O'Toole, PE
Approval to Construct
September 16, 2014
Page 3 of 3
TED /smm
Enclosures
Duke -Garner NTA Yard SWMF -4 Dam
WAKE -TBD
cc; Mr. Matthew D. Williams, PE
Mr. Jonathan A. Aldridge, PE
Mr. John Holley, PE, Regional Engineer, Land Quality Section
Surface Water Protection Regional Supervisor
File name: WAKE -TBD 20140916 COAC Duke -Garner NTA SWMF 4
October 21, 2014
The John R. McAdams Company, Inc.
Brandon R. Finch, PE
2905 Meridian Parkway
Durham, NC 27713
RE: SP- 14 -11 -M, Duke Energy Progress Garner Mechanical Boulevard Complex
Dear Mr. Finch:
Your request for Site Plan review to modify an existing site design for Duke Energy Progress at 1414
Mechanical Boulevard has been approved. The modification was for:
1. The addition of two storage yards and
2. The re- grading of areas within two other storage yards
Please note:
1. Tree protection shall be installed by a contractor and the Town of Garner Planning Department
called for an inspection prior to grading.
2. All required landscaping shall be installed by a contractor and inspected by the Town of Garner
Planning Department prior to conclusion of the project.
This permit is valid for two years from the approval date. All required federal and state permits shall be
secured prior to beginning work.
If you have any questions, please feel free to give me a call at (919) 773 -4447.
Sincerely,
14. \50-e&�
Jenny Saldi, ASLA
Senior Planner
Cc: Duke Energy Progress
Patrick O'Toole
411 Fayetteville Street
Raleigh, NC 27601