HomeMy WebLinkAbout20080638 Ver 2_401 Application_20080908Environmental Consultants, PA
Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467
www.SandEC.com
To: NC Division of Water Quality
401 Oversight and Express Permits Unit
Attn: Amy Chapman
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
From: Sean Clark
Soil & Environmental Consultants, P.A.
11010 Raven Ridge Road
Raleigh, NC 27614
Re: Hammond Road Industrial Park
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SEP 1 0 2008
DENR - WATER WAUTY
WETLANDS AND STORMWATER BRANCH
On behalf of the owners, Marjan Ltd. (Attn: Victor Bell, III), please find attached a complete
application and supplemental information requesting the issuance of Nationwide Permit 14 from
the U.S. Army Corps of Engineers (USACE) and a GC 3704 and buffer compliance letter from
the NC Division of Water Quality. Please contact me at (919) 846-5900 if you have any
questions or require additional information.
PROJECT SUMMARY
Project Name Hammond Road Industrial Park
Project Type Office/Industrial Development
Owner / Applicant Marjan Ltd.
Count Wake
Nearest Town Raleigh
Waterbod Name Wildcat Branch
Class C; NSW
IMPACT SUMMARY
Stream Impact (acres): 0.0203
Wetland Impact (acres): 0.16
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.1803
Total Stream Impact (linear feet): 295
Previously Impacted Isolated Wetland (acres): 0.0846
Attachments:
1) PCN Form
2) Agent Authorization Form
3) Copy of 404 permit verification
4) EEP Acceptance Letter
5) USGS Site Vicinity Map
6) Wake Co Soil Site Vicinity Map
7) Site Pictures
8) Impact Maps/Site Plans (3 sheets)
9) Draft of Mitigation Plan
Charlotte Office:
248 LePhillip Court
Concord, NC 28025
Phone: (704) 720-9405
Fax: (704) 720-9406
Greensboro Office:
3817-E Lawndale Drive
Greensboro, NC 27455
Phone: (336) 540-8234
Fax: (336) 540-8235
'p$ - O (p 3 $ l) 2 September 10, 2008
S&EC Project # 7238.w2
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. O _ to S 8 L a'
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
ry IP A
Check all of the approval(s) requested for this project:
® Section 404 Permit ® Riparian or Watershed Buffer Rules
? Section 10 Permit ® Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 14
If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information p g@gV9 I
1. Owner/Applicant Information SEp 1 0 2008
Name: Ma 'an Ltd. - r;1101
Mailing Address: Attn: Victor Bell III ?pstOR1AWA?g
P.O. Box 17274
Raleigh, NC 27619-7274
Telephone Number: (919) 848-5010 Fax Number:
E-mail Address:
2. Agent/Consultant 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 Clark
Company Affiliation: Soil & Environmental Consultants, PA
Mailing Address: _ 11010 Raven Ridge Road
Raleigh, NC 27614
Telephone Number: (919) 846-5900 Fax Number: (919) 846-9467
E-mail Address: SClark(a),SandEC.com
Page 1 of 11
III. 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: Hammond Road Industrial Park
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 170211669819
4. Location
County: Wake Nearest Town: Raleigh
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers/names, landmarks, etc.): The subject property is
located on the west side of Hammond Road (SR 2026) at a point +/- 1000 feet south of the
intersection of Hammond Road and Interstate 40 in Raleigh, NC.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.1225 ON 78.1057 °W
6. Property size (acres): +/- 36 acres
7. Name of nearest receiving body of water: Bobcat Branch
8. River Basin: Neuse
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The property currently has numerous utility easements
transectina it and is primarily in herbaceous cover. Only annroximately 115 of the northern
portion of the property is forested. The property is adjacent to residential (to the west) and
industrial (to the north) development.
Page 2 of 11
10. Describe the overall project in detail, including the type of equipment to be used: The
overall project is a proposed industrial park with several lots. The majority of impacts that
will result from the proposed project are due to City of Raleigh required widening of
Hammond Road and its associated sidewalk, guardrails, and side slopes.
11. Explain the purpose of the proposed work: The proposed project will provide the area with
additional industrial facilities. The road widening will provide an additional turn lane for
Hammond Road and is being required by the City of Raleigh.
IV. 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,
certifications 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. Jurisdictional features on the property were originally delineated in
2002. Ms. Andrea Wade of the USACE approved the delineation in 2004 (Action ID:
200320192) and a survey of the jurisdictional areas was signed on 01/19/2005. The NC-DWQ
reviewed the site on November 21, 2002 in order to determine stream features subject to the
riparian buffers. The results of the DWQ site meeting are summarized in the DWQ letter dated
12/06/02 (NBRRO 02-247). The DWQ buffered the entire drainage shown as Feature F on the
attached Buffer correspondence, however the USACE has determined this to be a wetland that
later concentrates into a stream. At some point prior to the construction of Hammond Road
Feature F likely flowed under what is now Hammond Road and a natural stream was never
reestablished. Note the right angle that occurs in the drainage as it flows towards the side slopes
of Hammond Road. Due to the numerous utilities that exist on the site there are three existing
culverted stream crossings that will be utilized for access to the site. A nationwide permit 14
verification has previously been submitted for an obtained by the USACE and is attached to this
submittal package.
V. 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.
At this time no additional 404 or 401 permits are expected to be required in the future Access to
the property on the opposite side of Wildcat Branch from Hammond Road currently exists via
what was previously a pond dam and via utility crossings.
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. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
Page 3 of 11
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should 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. Provide a written description of the proposed impacts: Proposed stream and buffer
impacts depicted on Inset I will result from the installation of an access road required to gain
access to the portion of property between the existing Hammond Road and Wildcat Branch
(see maps). There is currently a dirt utility access road that runs parallel to Hammond Road
in this area, however the point at which it intersects the entrance to the property is too close
(NCDOT and City of Raleigh) to the entrance road's intersection with Hammond Road. The
need to maintain an acceptable distance from the Hammond Road intersection dictates the
placement of the access road. The existing culverts under this access road are also currently
elevated (see attached pictures) and will be buried at the proposed outlet point to meet
current DWO standards.
Proposed stream and wetland impacts depicted on Inset 2 will result from the installation of
a_turn lane on Hammond Road exiting the subject property, which is being required by the
City of Raleigh. The stream and wetlands being impacted by road fill have historically
ditched, straightened, filled, realigned and altered most likely as a result of previous
roadwork. The eastern side of the drainage is the fill slope of the existing Hammond Road,
which does not allow for a floodplain. The majority of the riparian buffer on the eastern side
of the drainage is currently within the side slope of Hammond Road. The proposed plan
proposes moving and reforming the stream and wetlands to a more natural pattern and also
allows for adjacent floodplaain and wetland on the eastern side. This plan also pro op ses a
continuous stream channel within the drainage, which more likely than not existed prior to
past preClean Water Act impacts.
Inset 1 also depicts impacts to two isolated wetland areas, which were previously filled
(total area equals 0.0846 acres during utility maintenance (+/- 1.5 years ago) however these
areas most likely existed due to the utility construction/maintenance No other impacts are
proposed. Existing culverted crossings of the streams on site will be utilized for site access
purposes. The impacted stream and wetlands will be relocated. The stream will be
redesigned to regain sinuosity to its flow pattern.
Page 4 of 11
2. Individually list wetland impacts. Types of 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.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact
(indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres)
( es/no) (linear feet)
Inset 2 Road Fill / relocation Herbaceous no 0 0.16
Total Wetland Impact (acres) 0.16
3. List the total acreage (estimated) of all existing wetlands on the property: 0.16
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, 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. To calculate acreage. multinlv length X width- then divide by 41 560
Stream Impact
Perennial or Average Impact Area of
Number Stream Name Type of Impact
Intermittent? Stream Width
Length
Impact
(indicate on map) Before Impact (linear feet) (acres)
Inset 1 UT to Wildcat Culvert extension perennial 2-3' 18 0.0012
Inset 2 UT to Wildcat Road fill /
relocation perennial 2-3' 277 0.0191
Total Stream Impact (by length and acreage) 295 0.0203
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill. excavation. dredging. flooding- drainage- bulkheads etc
Open Water Impact Name of Waterbody Type of Waterbody Area of
Site Number
(if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on ma) ocean, etc.) (acres)
NA NA NA NA 0
Total Open Water Impact (acres) 0
6. List the cumulative impact to all Waters of the U.S. resulting from the nrnieet-
Stream Impact (acres): 0.0203
Wetland Impact (acres): 0.16
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.1803
Total Stream Impact (linear feet): 295
7. Isolated Waters
Page 5 of 11
Do any isolated waters exist on the property? ® Yes ? No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
Two small areas onsite were considered isolated by the USACE and were within or
immediately adjacent to existing utility easements. These two areas totaled 0.0846 acre in
size and were filled approximately years ago during utility maintenance, because the area
was less than the notification threshold, DWQ preapproval was not requested. The areas
were proposed for filling for the purposes of the development of the site in order to make the
proposed lot usable.
8. 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 with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Current land use in the vicinity of the pond: NA
Size of watershed draining to pond: NA Expected pond surface area: NA
VII, Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information 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. With the exception of
proposed fill within 0.0847 acre of isolated wetland, no impacts are required for lot fill. The 18
linear feet of stream impact shown on Inset 1 is required in order to gain access to the lot
between Wildcat Branch and Hammond Road (see map). An existing utility access road is
present parallel to Hammond Road however it's intersection with the property entrance road is
too close to the Hammond Road intersection. The access road's intersection has to be pushed
further from Hammond Road and results in an additional 18 linear feet of stream impact The
outlets for the existing culverts under the access road are elevated With the proposed extension
of the culverts the outlets will be buried to DWQ standards to allow for aquatic life passage
Steep slopes and retaining walls will be employed to further minimize the impacts that result
from the access road installation.
The requested stream and wetland impacts depicted on Inset 2 are required in order to
accommodate the Hammond Road widening that is required by the City of Raleigh The
drainage has previously been ditched and straightened and flows at the bottom of the existing
Page 6 of 11
road embankment. Because the current location of the stream is so close to the existing road,
any expansion of the road in the site's direction (west) would impact the stream. Expanding the
width of Hammond Road to the east would be much more costly (realigning the current road and
would result in the impact of a higher quality stream (Wildcat Branch), which flows immediately
parallel to the existing eastern road embankment. All efforts were made to minimize the
proposed footprint of the road widening by using the steepest slopes allowed.
VIII. 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 January 15, 2002, 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 NCEEP 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
htti)://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
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.
The proposed onsite mitigation overview is attached. Proposed wetland mitigation onsite
is proposing to at least replace what will be lost (0.16 acre) with a 1.1 ratio but space is
provided for at least 0.25 acre. The currently degraded and straightened stream/wetland area
will be relocated and designed so as to restore the stream with a more natural sinuous flow
Page 7 of 11
pattern than what currently exists. Additionally this stream restoration will result in a
continuous stream within the area, which likely existed prior to the construction of Hammond
Road. Thus, the proposed design of the relocated stream will add additional footage to the
stream then what currently exists. The proposed restored stream length will be
approximately +/- 430 linear feet, which will exceed the DWG's 1:1 mitigation ratio. The
proposed wetland impacts (both jurisdictional and isolated) are less than 1 acre and therefore
wetland mitigation is not required by the NC-DWO.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
(919) 715-0476 to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): 0 (proposed onsite)
Amount of buffer mitigation requested (square feet): 1,553 ft2
Amount of Riparian wetland mitigation requested (acres): 0 (proposed onsite)
Amount of Non-riparian wetland mitigation requested (acres): 0
Amount of Coastal wetland mitigation requested (acres): 0
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. 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 (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No ?
3. 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 ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
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 from the DWQ
Page 8of11
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ® No ?
2. If "yes", 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.
Inset 1 Impacts
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 3437 3 (2 for Catawba) 0
2 3956 1.5 0
Total 7393 0
Inset 2 Temporary Buffer Impacts
Zone* Impact
(square feet Multiplier Required
Mitigation
1 24,385 3 (2 for Catawba) 0
2 9,160 1.5 0
Total 33,545 0
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 213.0242 or.0244, or.0260.
Buffer impacts associated with Inset 1 are well beneath the mitigation threshold. The buffer
impacts associated with Inset 2 are temporary in nature due to the restoration effort and
therefore S&EC does not believe that additional offsite mitigation should be required except
for the 1,553 ft2 of restored zone 1 buffer that falls within an existing utility easement.
Although this 1,553 ft will be vegetated it will be herbaceous vegetation only due to the
maintenance needs of the utility. S&EC proposes payment to EEP at a 1:1 ratio to offset this
impact. Of the 33,545 square feet of proposed temporary pact, only an area of 8,400
square feet will be outside of the proposed relocated stream's buffers. The proposed buffer
areas will provide 15,718 square feet more than what currently exists which will result in a
net gain of riparian buffer are of 7,318 square feet.
Page 9 of 11
XI. Stormwater (required by DWQ)
Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. The site is a proposed industrial park, which will
likely have a high impervious surface cover. Specific details as to the exact impervious area on
each lot is not vet known but is expected to be greater than 24% We ask that a conditional 401
and buffer compliance letter be issued that states that other than the road construction and stream
relocation, activities onsite can not proceed without a DWQ approved stormwater plan for each
proposed area.
XII. Sewage Disposal (required by DWQ)
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.
Many utility easements exist on the site including a couple of City of Raleigh Sanitary Sewer
easements, which will be tied into to serve the project
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: The
proposed activity is in keeping with the surrounding area Properties to the west and to the north
are already developed in residential and industrial respectively. The proposed project is not
expected to produce any additional development in the area
Page 10 of 11
XV. 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).
10
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page ] 1 of 11
11/08/02 FRI 16:04 FAX 919 848 5009 NARJAN,LTD.
0002
Soil & Environmental Consultants, PA
11010 Raven Ridge Road • Raleigh, Notch Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467
AGENT AUTHORIZATION FORM
All Blanks To Be Filled In By The Current Landowner
Name: I"I_ART}N, L-M- `'1,5 U,e-rrf? t=- . R;=, , -M
Address: 0 , t
P. (Sox Oz9?l ?Al?al+ N,C z?cnl?-?2??4
Phone:
Project Name/ Description:
Date: NSOU IIMB la f3, 2,002-
2
a
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
P.O. Box 1890
Wilmington, NC 28402
NO KC R0
Attn: AA4Veac WA(e'
Field Office: IZ6:(c ; SIB
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:
I, the current propgM owner, hereby designate and authorize Soil & Environmental Consultants, PA to
act in my behalf as my agent in the processing of permit applications, to furnish upon request
supplemental information in support of applications, etc. from this day forward. The 8 day of
111c111?ly?fa?SZ 2002
This notification supersedes any previous correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied by S&EC staff. You should can S&EC
to arrange a site meeting prior to visiting the site.
MPr(2a nt'l I L-sp . MA Rz79 N i L-10
fr'wc ,?. &L-L.m- R'-S-to - )
Print Property Owner's Name
cc: Mr. John Dorney
NCDENR - DWQ
2321 Crabtree Boulevard
Raleigh, NC 27604
By'-Vw?- Roww paals'lolam=
Property Owner's Signature
cc: Mr. Brad Suther
Soil & Environmental Consultants, PA
blank agent auth form.doc
Charlotte Office: Greensboro Office: Hickory Office:
236 LePhillip Court, Suite C 3817-E Lawndale Drive 710 Boston Road
Concord, NC 28025 Greensboro, NC 27455 Taylorsville, NC 28681
Phone: (704) 720-9405 Phone: (336) 540-8234 Phone (828) 635-5820
F?Y• nnd? 7?n_osn? >~,v• (1161 540-VAS Fax: (828) 635-592t>
COPY
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 200501260 County: Wake USGS Quad: Lake Wheeler, NC
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Marian, Ltd.
Address: Attn: Victor Bell III
PO Box 17274
Raleigh, NC 27619-7274
Telephone No.: 919-848-5010
Size and location of property (water body, road name/number, town, etc.): The Hammond Road Industrial Park site is
approximately 36 acres of land located on the west side of Hammond Rd, approximately 1000 feet south of the
intersection of Hammond Rd and I-40 in Raleigh Wake County, North Carolina
Description of projects area and activity: This permit verifies permanent impact of 277 If of stream channel and 0.16
acres of wetland due to the widening of Hammond Rd and 18 if of stream channel due to the installation of an
access rd. Mitigation, at a 1:1 ratio is required for the permanent impact to 277 if of stream and 0.16 acres of
wetland (see Permit Condition below).
Applicable Law: ® Section 404 (Clean Water Act, 33. USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 14
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order 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) 733-1786) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management.
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 Permit, or the Corps of Engineers regulatory
program, please contact Mr. Jamie Shern.
Page 1 of 2
Permit Condition: In order to compensate for impacts to 277 linear feet of wann water stream and 0.16 acres of wetlands. the
pennittee shall provide on-site mitigation, sufficient to perform the relocation and creation of at least 277 linear feet of wann water
stream and 0.16 acres of wetlands in the Neuse River Basin, Cataloging Unit 03020201.
"Note: Habitat type may be described as found in Schafale and Weakley, Classification of the Natural
Communities of North Carolina, Third Approximation, 1990; or in accordance with Cowardin, et al (1979), Classification of Wetlands
and Deepwater Habitats of the of the United States*
Corps Regulatory Official: Jamie Shern Date: revised 9/6/081lar15, 0
Expiration Date of Verification: Sent-06-2010
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 the attached customer Satisfaction Survey or visit hq://www.saw.usace.army.mil/WETLANDS/index.html to
complete the survey online.
Page 2 of 2
Copy Furnished:
Soil & Environmental Consultants, PA
Attn: Sean Clark
11010 Raven Ridge Rd
Raleigh, NC 27614
Page 3 of 2
Determination of Jurisdiction:
? Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area.
This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).
? There are Navigable Waters of the United States within the above described project area subject to the pen-nit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section
404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this
detennination may be relied upon for a period not to exceed five years from the date of this notification.
? The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued . Action ID
Basis of Jurisdictional Determination: Wetlands were determined using the Corps 1987 delineation manual. Streams were
identified utilizing ordinarv high water mark as iAntified in the field.
Corps Regulatory Official:
Date May 15, 2008
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
Soil & Environmental Consultants, PA
Attn: Sean Clark
11010 Raven Ridge Rd
Raleigh, NC 27614
Page 4 of 2
F?cosstem
PROGRAM
September 10, 2008
Marian Limited
PO Box 17274
Raleigh, NC 27619-7274 Expiration of Acceptance: June 10, 2008
Project: Hammond Road Industrial Park County: Wake
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept
payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will
be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these
agencies to determine if payment to the NCEEP will be approved.
This acceptance is valid for nine months from the date of this letter and is not transferable. If we have not received a copy of the
issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based
on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following
table.
River
Basin CU
Location Stream (feet) Wetlands (acres) Buffer I
(Sq. Ft.) Buffer II
(Sq. Ft.)
Impact
Neuse
03020201 Cold Cool Warm Riparian Non-Riparian Coastal Marsh _
0 0 0 0 0 0 1,553 0
Credits Neuse 03020201
0 0 0 0 0 0 4,659 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require
mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the
applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed
in accordance with the Memorandum of Understanding between the N. C. Department of Environment and Natural Resources and the
U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Valerie Mitchener at (919) 715-1973.
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Jamie Shern, USACE-RaleighAID 2008-01260
Amy Chapman, NCDWQ- Wetlands/401 Unit
Sean Clark, agent
File
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kutorwg... E ... Protect, ow .rta,& DEAR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
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11010 Raven Ridge Rd.- Raleigh, NC 27614
(919) 846.5900 ¦ (919) 846-9467
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- _ Soil & Environmental Consultants, PA
Project Mgr.: HAMMOND ROAD 11010 Raven Ridge Rd. - Raleigh, NC 27614
SC (919) 846-5900 • (919) 846-9467
Wake �,ouniy, NC
Scale: Web Page: www.SandEC.com
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November, 1970
Site Photos
Picture 1: Water flowing out of existing utility culverts in location of Inset 1.
Picture 2: Existing wetland area within Inset 2.
Picture 3: Wetland area within Inset 2. Existing fill slope of Hammond Road is to the
right of this photo and the stream begins just inside the tree line seen in the upper right
hand corner.
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