19920265 Ver 1_COMPLETE FILE_19920109

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State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor January 29, 1993
Jonathan B. Howes, Secretary
Mr. Rick Sago
Conservation Engineer II
City of Raleigh
222 West Hargett Street
Raleigh, N.C. 27602
Dear Mr. Sago:
RE: Amended Certification for Starmount Avenue Project
DEM # 92265
Wake County
On 19 January 1993, DEM issued an amended 401 Water Quality
Certification to the City of Raleigh for dredging a creek and
deposition of spoil near Starmount Drive and Monterey Street in
Raleigh. That letter removed the need for planting of trees.
The condition that was added regarding buffers was incorrectly
worded. The correct condition is that fill shall not be placed
closer than 50 feet of the nearest bank of the new stream channel
on lots at 3101 and 3109 Edgetone Drive and 3201 Monterey Street.
Please contact John Dorney at 733-1786 if you have any
questions.
Sincerely,
star3.ltr
cc: Raleigh
US Army
US Army
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DEM Regional Office
Corps of Engineers Raleigh Field Office
Corps of Engineers Wilmington Office'
Files
P.O. I ox 27687, R.-flci_h, North Carolina 27611.7687 Te!cphonc 919-733-49ti-t Fax ; 919-733-0513
An E:;.toi Opnoramiq' ftirmat rc .A.-tion Employer
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State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary
January 19, 1993
Mr. Rick Sago
Conservation Engineer
City of Raleigh
222 West Hargett Street
Raleigh, N.C. 27602
Dear Mr. Sago:
RE: Starmount/Monterey Street dredging project
DEM # 92265
Wake County
In response to your 31 December 1992 letter, condition
number 3 of Certification Number 2787 is hereby removed. DEM
agrees that sufficient trees will be naturally reestablished on
the site so that planting will not be necessary after the grade
is restored. I will also confirm your statement that fill may
not be placed within 50 feet of any wetlands on lots at 3101 and
3019 Edgetone Drive as we discussed in our 4 December meeting.
Please contact Mr. John Dorney at 733-1786 if you have
additional questions.
Sincerely,
starmnt.ltr
,w d, Jr. P.E.
cc: Raleigh DEM Regional Office
Corps of Engineers Raleigh Field Office
Corps of Engineers Wilmington District Office
Central Files
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] Fax # [phone]
An Equal Opportunity Affirmative Action Employer
City Of 6Raleigh
December 31, 1992 North Carolina
Mr. John Dorney
NCDEM
Water Quality Section
Planning Branch
PO Box 29535
Raleigh, NC 27626-0535
RE: Starmount/Monterey St.
Dredging Project
Dear Mr. Dorney:
6
WATER OOaDS GR?Up
This letter is a follow up to our telephone conversation of
December 30, 1992 pertaining to the conditions of approval
attached to the 401 certification for the above referenced
project. I am requesting that a portion of condition 3 be
reconsidered, specifically the part about replacing any cut trees
greater than 6" with similar species. There will be a good many
undisturbed trees that will naturally revegetate the area with
their windblown seeds which will eventually accomplish the goal of
restoring the area to it's present state. These include Sweet
Gum, Sycamore, River Birch, and Willows. I would appreciate it if
you could consider this proposal and notify me in writing of your
decision.
Secondly, I would like to verify our conversation concerning the
fill on the lots at 3101 and 3019 Edgetone Dr. The project calls
for fill to be placed in a portion of the wetlands in this area
but the fill will not be placed within the required 50 foot buffer
zone. .
If you have any questions, please do not hesitate to contact me at
890-3030.
Sincerely,
X4
Rick Sago
Conservation
401comm2.doc
Engineer II
cc: Civil Engineer II, Bowden
files (3)
OFFICES • 222 WEST HARGETT STREET • POST OFFICE BOX 590 • RALEIGH, NORTH CAROLINA 27602
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Signed
TELEPHONED ? PLEASE CALL /
CALLED TO SEE YOU WILL CALL AGAIN
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N.C. Dept. of Environment, Health, and Natural Resources
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State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor
William W. Cobey, Jr., Secretary
October 7, 1992
Mr. Rick Sago
Conservation Engineer II
City of Raleigh
222 West Hargett Street
Raleigh, N.C. 27602
A. Preston Howard, Jr., P.E.
Acting Director
Dear Mr. Sago:
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed stream channelization and lot fill
Starmount subdivision area
Project #92265
Wake County
Attached hereto is a copy of Certification No. 2787 issued
to City og Raleigh dated October 9, 1992.
If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
reston Ho rd Jr. P. E.
ting Directo
Attachments
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DEM Regional Office
Mr. John Dorney
Mr. John Parker, Division of Coastal Management
Central Files
June and Harvey Speller, 3201 Monterey Street
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900 919/896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
f
NORTH CAROLINA
Wake County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the
requirements of Section 401 Public Laws 92-500 and 95-217 of the
United States and subject to the North Carolina Division of
Environmental Management Regulations in 15 NCAC 2H, Section .0500
to City of Raleigh pursuant to an application filed on the 26th day of
May, 1992 to channelize a tributary to Marsh Creek from 240 feet north
of Starmount Drive to 230 feet north of Trawick Road in order to carry
the 2 year storm and fill wetlands at 3201 Monterey Street.
The Application provides adequate assurance that the
discharge of fill material into the waters of a tributary to Marsh
Creek in conjunction with the proposed stream channelization and lot
fill in Wake County will not result in a violation of applicable Water
Quality Standards and discharge guidelines. Therefore, the State of
North Carolina certifies that this activity will not violate Sections
301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in
accordance with the application and conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner as
to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the stream is 25 NTU's or less are
not considered significant).
2. Fill may be placed in wetlands on the lot of 3201
Monterey Street as long as no fill is placed within 50
feet of the nearest bank of the new stream channel.
No other fill from this dredging project shall be
placed onto any other wetlands in this subdivision or
other wetlands areas adjacent to this stream.
3. After the stream channelization is complete, the
original contour shall be reestablished on all
remaining wetlands that were disturbed during
construction. All trees greater than 6 inches
diameter that need to be cut for the stream
channelization work shall be replaced with planted
trees using similar species unless agreed upon in
writing by the Division of Environmental Management.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the
above conditions are made conditions of the Federal Permit.
This the 9th day of October, 1992.
DIVISION OF ENVIRONMENTAL MANAGEMENT
A. Preston Howard, Jr. P.E.
c ing Director
WQC# 2787
4m
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September 28, 1992
pity Of
5Vorth
Mr. John Dorney
NCDEM
Water Quality Section
Planning Branch
PO Box 29535
Raleigh, NC 27626-0535
RE: Comments on 401 Application
for Starmount Project
Dear Mr. Dorney:
(Ra le iN SEP 0 1992
Carolina
This letter is in response to the public notice published in the
Friday, September 18, 1992 edition of the News & Observer.
I would like to reiterate the City's position on this project, as
stated in the letter from the Central Engineering Department,
dated September 1, 1992 (see attached). The City does not believe
that the project, as designed, would cause any long term
violations of State water quality standards. Also, we believe
that the fill areas on each private property are separate and
individual projects relative to the stream dredging project. This
has been approved by the Army Corps of Engineers. Each property
owner independently requested the excess material from the stream
dredging to be placed on their property for flood control and/or
other property improvement reasons. None of the lots will receive
more than one third of an acre of fill and should not require
individual permits. Lastly, this project is important to help
alleviate the safety concerns related to the street and
residential flooding.
For the reasons stated above and in the attached letter, the City
believes that the application in question should be approved.
Sincerely,
fC41_A ?
J' mie L. Beckom, PE
1ty Engineer
401commt.doc
cc: City Manager
, files (3)
OFFICES • 222 WEST HARGETT STREET • RALEIGH, NORTH CAROLINA 27602
Recycled Paper

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September 1, 1992
Mr. John Dorney
Water Quality Planning
Division of Environmental Management
NC Department of Environment, Health,
and Natural Resources
Pb Box 29535
Raleigh, NC 27626-0535
RE: 401 Certification
Starmount/Monterey St
Dear Mr. Dorney:
This letter is in response to your letter dated July, 29, 1992.
The City of Raleigh shares your concern for the water quality in
the area of our proposed project. However, we feel that we are in
substantial compliance with the intent of the 401 Certification
requirements and believe that the stream will comply with State
Water Quality Standards after the proposed improvements are
constructed.
I have enclosed a marked up map to further explain and clarify the
scope of our project. We propose to place fill along the east
side of the proposed project between the new top of bank and the
uplands at 3113,3117 Edgetone Dr. and 3201 Monterey St., as shown
on the attached map. However, as shown on the map, the fill
placement will not extend to the proposed channel along 3101
Edgetone Dr. There will be approximately a 50' buffer in this
area as you requested.
We believe that overall water quality will not be compromised by
the project as presently designed. To the best of our knowledge,
Marsh Creek currently meets State water quality standards and
supports its designated use and we do not believe that the project
(including the filling of the residential lots) will create any
long term condition that might result in a violation of water
quality standards. This is based on the following:
The only surface drainage directed to the proposed fill areas
is that which runs off the single family lots themselves.
All of these. lots are between one-half and one acre in area
and have small percentages of`impervious area.
OFFICES • 222 WEST HARGETT STREET • RALEIGH, NORTH CAROLINA 27602
Rervcled Papet

Page 2
9/1/92
None of the street drainage travels through this area.
There will be at least 100 feet of vegetated area between the
houses and the stream which could be considered buffer for
water quality concerns.
A significant portion of the wetland areas to be filled are
presently being used and maintained in grass as residential
yard space.
The project calls for all disturbed areas to be revegetated
in grasses and/or other residential landscaping which would
provide pollutant removal similar to the existing condition.
The majority of the wetlands and vegetation on the west side
of the stream will be maintained as a buffer/filter for the
runoff from the commercial development which dominates the
west side of the stream.
The references provided do not support a need for a 50 foot
wetland buffer for water quality. Specifically, Howard
(1988) recommends a 50 foot buffer based mostly on habitat
and travel corridor concerns and not water quality. Neiswald
(1990) indicates that a 50 foot forested buffer is sufficient
to protect water quality when the slopes are less than 15%
but does not specify the need for wetland buffers.
Additional literature indicates that the grassed buffers can
be extremely effective in removing pollutants (Gilliam, 1990
and Franklin, 1991).
The wetland area's value in storing and treating floodwaters
is minimal, according to the references, since the outlet of
the stream is not restricted.
There is nothing to guarantee that this area will remain as
wetlands, forested, or even vegetated since the individual
property owners may alter their yards, including the wetland
areas at any time based on current wetland regulations.
Second, your letter states that "we believe the channelization and
four lot fills are the same project". We are concerned with this
interpretation since it conflicts with the Corps interpretation
that the four fill lots and the channelization are separate
projects. You should have received carbon copies of the five
letters sent out to the City and the four property owners by the
Corps indicating this. We have relied on this interpretation to
develop this project. It was our understanding that the Corps
would have the authority to determine the extent and severability
of individual projects and then the state in turn would review
these projects, as defined by the Corps, for compliance with the
401 certification program. Apparently, there is some confusion on
Page 3
9/1/92
this issue. Accordingly, we would be grateful if you could
provide us with some guidance on this matter and work with the
corps to coordinate interpretations so that we may avoid this
conflict in the future.
We believe that the project is necessary to address a public
safety concern with street flooding and residential flooding.
Also, we believe that the fill areas will provide additional
berming/flooding protection for existing residential land uses.
We also believe that the project as submitted strikes a reasonable
balance in addressing the environmental 'issues, including water
quality concerns.
I hope this letter provides sufficient information for you to
issue the 401 Certification for this project. However, if you do
not feel that we are complying with the intent of the
Certification requirements, we would like to proceed with the
public notice process. Feel free to contact me at 890-3030 if you
have any questions.
Sincerely,
Rick Sago
Conservation Engineer II
401repl2.doc
cc: City Manager
City Engineer
files (3)
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July 6, 1992
MEMORANDUM
To: John Dorney eThrough: Arthur Mouberry, P.E.- Regional Supervisor
Z*im Donnelly, P.E.- Regional Water Quality
Supervisor
From: Karl Shaffer- Soil Scientist
Subject: 401 Certifications; Projects No. 92265, 92309
1. Starmount Drive/Monterey Street. Project No. 92265- Wake
County. I have reviewed this area on site with Rick Sago-
engineer for the project for city of Raleigh. The proposal is to
dredge a tributary of Marsh Creek (class C NSW) in the Neuse
watershed. This channel has been silted in due to upstream
construction. The result is that Starmount Drive and Monterey
streets flood frequently with heavy rains. Additionally, one
property and home flood seriously at these times. The RRO has no
objection to the dredging activity to restore the channel
capacity.
The second portion of the proposal is to use the dredged
material to fill private lots adjacent to the stream. This fill
volume would vary on the differing lots. I feel that this should
be treated as one large project, because the impact is to one
area. The application feels that each individual area of fill for
the respective property owners (each less than one acre), should
be automatically granted under the nationwide permitting system.
My recommendations for the entire project are as follows:
-Lot owned by Harvey and June Speller at 3201 Monterey
Street floods frequently and severely. This lot may accept
fill as long as 50 feet of natural floodplain remain
between the edge of the fill and the re-established creek
channel. The fill is to be gradually sloped to the
floodway. The fill is to be planted and maintained in
permanent vegetative cover.
-Lot owned by Jeff and Nancy Strong at 3117 Edgetone Drive
has had extensive fill in the past. This fill comes to
within several feet of the existing channel. This remaining
floodplain is valuable for a buffer to the new channel
area. The RRO requests that no fill be allowed on this lot.
-Lot owned by Donald Lake at 3113 Edgetone Drive has had
extensive fill in the past right to the creek channel. The
existing floodplain should be allowed to remain as a buffer
to the new channel. The RRO requests that no fill be
allowed on this lot.
r .?
r
demo to John Dorney
Page -2-
-Lot owned by Theresa Deatherage at 3101 Edgetone Drive has
some areas which could accept fill with little water
quality impacts. The proposed fill will remain at least
60 feet from the proposed creek channel, so adequate
floodplain buffer will remain. An existing culvert will
be rerouted, but will outlet at non-erosive velocities to
the floodplain and not directly to the creek. The RRO has
no problem with addition of fill material here to within
the confines drawn on the proposed plans.
These wetlands are of moderate value. They are in an area
highly developed for commercial and residential use. To that
extent, they are one of the few remaining wetland areas in the
immediate vicinity. Water quality benefits and wildlife habitat
are both important aspects of the wetlands area.
John, please review these comments and recommendations, and
contact Rick Sago with city of Raleigh at 890-3031. He would like
to hear as soon as possible what decisions will be reached on the
401 certification so he can proceed with his plans. If you have
any questions or see the need to diverge greatly from my
recommendations, please give me a call.
2. New Light Farm; Project No. 92309- Wake County. I visited this
site on June 30, 1992. The applicant proposes to fill in existing
drainage ditches through a pasture and have the Soil Conservation
Service design some grassed waterways to handle the stormwater
flow. This will benefit water quality in the area by removing the
cows from the direct water channel, and by allowing filtration of
stormwater through grassed strips instead of unlined ditches. No
negative impacts are foreseen on this project. A rating sheet was
not done, but the value of the existing ditches is quite low. The
RRO recommends a 401 be issued for the project as soon as
possible. The applicant would like to have all permits in hand
soon so as to begin work in August and seed the waterways before
winter comes. The ditches and pasture drain towards New Light
Creek in the Neuse River watershed- class C NSW. ` 1
`i J
WETLAND RATING SYSTEM WORKSHEET
'roject No. or description ?! A d
Slree,C
vocation
County_ «;?rZ Nearest road or town l 'qol
River basin U_5-e_-
Nearest stream and classification O tirW
valuator
.gency and address DCU
ate and time evaluated,/,,,,,,. 30 1901Z 5 -3C1 A
ajor Wetland Type
Approximate size of wetland system-/ acres
Approximate extent of wetlands in area acres
within miles Vee z1 /,e Perna%n?- '
Three most common plant species (in order) : rr?ad?
?/?'.ouYuresc? ? ?
oil Series (if known) ydrologic indicators
Direct surface hydroiog?it connec ion? ?i'E NO
Kisting Conditions
Drainage 5?-?caa-rn ?a '»?P?
Disturbance ti1, „
Restoration potential/ ,4rn
Restoration value zz
t site known to provide habitat for rare, endangered or
ened species?. Ite) If so, list species observed or recorded.
em No.
ation/Landscape
1 Natural area buffer
2 Sensitive watershed
3 Dispersal corridor system
ological Values
4 Special ecological attributes
5 Wildlife habitat
6 Aquatic life
7 Water storage
B Streambank stabilization
9 Removal of pollutants
Human Values
10 Outdoor recreation/education
11 Economic value
Total score
Score (circle one)
5
05
4
3
2
1
5 4 3 2 0 0
5 4 3 1 0
5 4 C'P 2 1 0
5 4 3 00 1 0
5 4 -?, 2 1 0
5 4 2 1 0
5 4 2 1 0
5 4 3 0 1 0
5 4 3 2Z ??[D 0
2 S A-rr ,
Site description and notes:
f_U ?z 6/
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J. P

May 20, 1992
Page 2
certification. Therefore, if allowed, the City plans to supply
the property owners with material, as well as, grade it for them .
If you have any questions concerning this project, please contact
me at 890-3030.
Sincerely,
X/14-
Rick Sago
Conservation Engineer II
cc: City Engineer Beckom
Civil Engineer II
Files (3)
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pity ((?)J 6Raleigh
5orth Carolina
May 20, 1992
Mr. John Dorney
Water Quality Planning
Division of Environmental Management
NC Department of Environment, Health,
and Natural Resources
PO Box 29535
Raleigh, NC 27626-0535
RE: 401 Certification
Dear Mr. Dorney:
Enclosed please find 7 copies of the application and related
material for a 40.1 certification for the City of Raleigh's
Starmount/Monterey St. Dredging Project.
This project is proposed to eliminate the periodic flooding of
Starmount Drive and Monterey Street. The problem is the result of
the gradual silting in of the existing creek channel, as well as,
the outlet of the dual 54" culverts under Starmount Drive over the
past several years. Currently the creek is little more than a low
area, with no well defined channel. Also, the outlets of the
culverts are approximately 7' below the channel.
As shown on the enclosed plans, the. City proposes to dredge and
enlarge the existing channel. However, there is one area where we
propose to relocate the channel to better approximate the
original location, as shown on our maps.. This channel has been
designed to carry the 2 year storm. It is also proposed to raise
the inverts of the culverts approximately 2' and realign them to
better line up with the channel. We plan to raise the inverts to
minimize the excavation required for the channel. This will allow
a more narrow channel, which will help to minimize the impact on
the wetlands.
The City has received requests for excess material from four
property owners along the east side of the channel (see enclosed
letters). It is my understanding that these property owners are
allowed to place fill in the wetlands on their property as long as
they do not fill more than one acre. According to my
calculations, none of the property owners will be filling in more
than one acre. Also, none will be filling more than one third of
an acre, which is under the amount which would require a 401
OFFICES • 222 WEST HARGETT STREET • RALEIGH, NORTH CAROLINA 27602
Recycled Paper
wr
DEM ID:
JOINT APPLICATION FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE DISTRICT ENGINEER
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. BOX 1890
WILMINGTON, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. BOX 29535
RALEIGH, NC 27626--0535
ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO.THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME: SEE ATTACHED
2. OWNERS ADDRESS: SEE ATTACHED
3. OWNERS PHONE NUMBER (HOME):
ACTION ID:
(WORK) :
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: Jimmie Beckom, P.E. 890-3030
City of Raleigh
222 W. Hargett Street
Raleigh, North Carolina 27602
5. LOCATION OF PLANNED WORK (ATTACH MAP).
COUNTY: Wake
NEAREST TOWN OR CITY: Raleigh
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
Starting approximately 240 ft north of Starmount on Tributary to
Marsh Creek south to approximately 230 ft north of Trawick Road (SR 2206)
6. NAME OF CLOSEST STREAM/RIVER: Marsh Creek
7. RIVER BASIN: Neuse
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES [ ] NO [X]
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ ] NO [x]
IF YES, EXPLAIN.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
2.96 ac.
2/3/9?

-2-
11. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT:
FILLED: SEE ATTACHED
DRAINED:
FLOODED:
EXCAVATED:
TOTAL IMPACTED:
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): Dredge & enlarge
creek channel
13. PURPOSE OF PROPOSED WORK.: Eliminate flooding of Starmount Drive
and Monterey Street
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. This is where the channel that is silted in is located.
This channel must be dredged to allow the water to flow to eliminate the
flooding We will do most work from east side of channel to minimize
impact on wetlands on west side.
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE
OR ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED
SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE
PROPOSED PROJECT. HAVE YOU DONE SO? YES [x1 NO [ 1
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE ATTACHED.
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH
MAY BE AFFECTED BY THE PROPOSED PROJECT?
HAVE YOU DONE SO? YES [}{1 NO [ ]
RESPONSE FROM THE SHPO SHOULD BE ATTACHED.
17. ADDITIONAL INFORMATION REQUIRED BY DEM:
A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND LAKES ON
THE PROPERTY.
B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PROJECT.
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH
COPY.
E. WHAT IS LAND USE OF SURROUNDING PROPERTY? Residential on east side
omm?rcia on west.
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
J"I --

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CRTS, Inc.
3116 Capital Boulevard
Raleigh, NC 27604
Mr. Richard J. Goodman
3110 Capital Boulevard
Raleigh, NC 27610
Wayne & Walt Gibson
Brentwood 76
2757 Capital Boulevard
Raleigh, NC 27604
Mr. Alex Blackman
3019 Edgetone Dr.
Raleigh, NC 27604
Mr. James Matthew
2909 Trawick Rd.
Raleigh, NC 27604
J.T. Hobby & Son, Inc.
PO Box 18506
Raleigh, NC 27609
Ms. Theresa Deatherage
3101 Edgetone Dr.
Raleigh, NC 27604
Ms. Sonia K. Bradshaw
3105 Edgetone Dr.
Raleigh, NC 27604
Mr. Charles Overton
3109 Edgetone Dr.
Raleigh, NC 27604
Mr. Donald Lake
31.13 Edgetone Dr.
Raleigh, NC 27604
Mr. Jeffery strong
3117 Edgetone Dr.
Raleigh, NC 27604
Mr. Harvey speller
3201 Monterey St.
Raleigh, NC 27604
6
As stated in the cover letter, our project will involve dredging
and enlarging the existing channel with four adjacent property
owners using the excess material on their private property. The
City's project will involve excavating approximately .97 ac. in
the wetland along with clearing an additional .48 ac. for access
and constructi his puts the city's total impact at
approximately 1.45 c. In addition, the City is relocating
approximately feet of the existing channel. The existing
channel along this area will be filled as part of the work on
private property.
The material from this job will be placed on four properties, with
a wetlands impact as follows:
1. 3201 Monterey Street-clearing & filling Area=.33 ac.
2. 3117 Edgetone Drive-clearing & filling Area=.15 ac.
3. 3113 Edgetone Drive-clearing & filling Area=.04 ac.
4. 3101 Edgetone Drive-clearing & filling Area=.11 ac.
TOTAL AREA= .53 C.
These property owners will be receiving fill over a larger area
than indicated above, however, the rest will placed on land not in
the wetlands. The complete fill areas are indicated on the plans.
If you have any questions concerning this explanation, please
contact me at 890-3030.
Thank You
Rick Sago

Mr. and Mrs. Harvey R. Speller, Jr.
3201 Monterey Street
Raleigh, North Carolina 27604
May 12, 1992
Rick Sago MPv "18 1992
City of Raleigh
???ii1
Conservation Engineer II
222 West Hargett Street
Raleigh, North Carolina 27602
Dear Sir:
This letter is in response to your correspondence of April 29th
asking us to inform the city as to whether we would like to use
the dredged material to be taken from the Starmount project
(scheduled for Summer 92) and if so, how it would be used.

We, the property owners, Harvey Speller, Jr., and June Speller
do request the use of a substantial amount of the dredged material.
We would like to build up the low-lying areas of our property
caused by soil erosion from flooding. The areas adversely affected
are areas to the right of the main dwelling and areas directly
behind the main dwelling.
We are not merely asking for a layer of material , but certain,
areas may require a build up of two feet or more. Our desire is
that the area affected be built up level with Monterey Street k`n
with a gradual slope toward the creek. It is our understanding NVI
that this poses no problem as long as we remain out of the floodway.
As afore mentioned, this would make use of a substantial amountof
the material.
Thank you for your cooperation in this matter.
Sincerely,
4Lb?4)t- ?' 44?'
Harvey Jr. and June Speller

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RECEIVED
MAY 14 1992
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May 9, 1992
Rick Sago, City Engineer
City of Raleigh
222 West Hargett St.
Raleigh, NC 27602
Dear Mr. Sago:

r'r, nY 13 1992
G??.:PPIPa$3 i.:i??t'''•..?r;3"!5ltiWe would like to use excess dirt from the proposed Starmount

dredging project to fill in our backyard to within the floodway.
We would like to have it leveled with our neighbors to the left (3113)
and sloped on the right side (Monterey). A prior permit from the
city for excess dirt from the sewer and water project restricted
us to within 50' of the creekbed. If this will be the floodway, the
area up to that will be free for filling.
Thank you for your pursuit of this endeavor. Please let us
know if we need to do anything else.
Sincerely yours,
Nancy and Jeff Strong
..
May 11, 1992
Mr. Rick Sago
Room 602
City of Raleigh
222 West Hargett Street
Raleigh, NC 27602
?t?Ck1u?.Ci
MAY 0 1992
leL11i.6f91 i:!'1?96jC!?:`i1ih?
RE: Starmount/Monterey St.
Dredging Project
Dear Mr. Sago:
In response to your letter of April 29,1992 concerning the disposition of dredged
material on my property, I am very much in need of this dredged material for
leveling my property and making it more usable.
At the present time, I own almost 3/4 of an acre of land, yet because of the steep
drop off at the side and back, I am unable to have a place to park cars, have a safe
place for children to play, store my camper, or plant a garden. I have also been
concerned about the standing water in the low areas. This has been a breeding
ground for mosquitoes, rats, etc. and a health hazard. This area is also an eye
sore, and if not corrected would adversely affect the salability of my home and
property at any future date.
Please convey my concerns to the Corp of Engineers. I sincerely hope that the
project will move forward rapidly and I am interested in discussing the progress
of this project with you at anytime.
Sincerely,
Theresa Deatherage
3101 Edgetone Drive
Raleigh, NC 27604
876-0562
•.
WETLAND DETERMINATION FORM
COORDINATOR! Paktiawal TIME! 10:00 a.m. DATE. 2/28/92 COUNTY: Wake
NEAREST TOWN: Raleigh WATERWAY: 'hi
QUAD: East Raleigh LOCATION: unknown creek south Starmount Rd. Tributary to
PROPERTY OWNER! (NAME/ADDRESS) PARTY DOING WORK: (NAME/ADDRESS) Marsh
Public Utilities Central Engineering Crk.
City of Raleigh City of Raleigh
P.O. Box 590 P.O. Box 590
_Raleigh, _NC 27602 Raleigh, NC 27602
PHONE : (919) 890 - 3400 Rick PHONE : ( 919).890 - 3030
OTHER INDIVIDUALS PRESENT: Exie Saqo
IS PROPERTY UNIFORM X OR SEPARATE DISCRETE VEGETATIVE UNITS
VEGETATION:(IN ORDER OF DOMINANCE, DRAW LINE ABOVE NON-DOMINANT SPECIES)
TREES:SPECIES-%COVER-INDICATOR GROUND COVER:SPECIES-%COVER-INDICATOR
I. Betula Nigra OBL -'250 1. Scirpus Koilole)pis FACW - 30%
2. Liquidambar Styr. FAC _ 200 2. Cyperus Erythrorlmze FAC - 25%
3. Acer Rubrum FAC - 20% 3.
4. Quercus Phellos FACW - 10%4.
5. Platinus Occidentalis FACW - 1005.
SAMPLINGS/SHRUBS: 6.
1 Betula Nigra OBL - 20% 7.
2. Liriodendron `I'ulipi, FAC - 5% 8
3. Ilex Opeca =- 3% WOODY VINES:
4. Juglans Nigra FACU - 2% 1. Lonicera Japonica FAC - 10%
5. Cornus Florida FVU - 2% 2- Smilax Bona Nox FAC - 10%
% OF DOMINANT SPECIES (OBL.-FAC.) 729; OTHER INDICATORS: N
HYDROPI- YT I C VEGETATION: YES X NO BASIS: More than 50% dominant
v_egetation OBL FAC and FACW _
TYPICAL: (COMPLETE BELOW) ATYPICAL (COMPLETE BACK)
SOIL:
SERIES: Applying fine san?foam ON HYDRIC SOILS LIST: YES NO X _
MOTTLED: YES X NO MATRIX COLOR- 10YR5/2 HYDRIC SOILS: YES X NO
BASIS. Existence of low chroma _
HYDROLOGY:
INUNDATED.- YES X NO DEPTH OF WATER: 2-5 inches
SATURATED SOILS: YES X NO DEPTH TO SATURATION/WATER TABLE 2-3 inches
OTHER INDICATORS: Inundated sign on all sites
WETLAND HYDROLOGY: YES X NO BASIS- Low chrorna, mottled soil and hydric soil
ATYPICAL. SITUATION: YES X NO NORMAL CONDITIONS: YES NO
WETLAND DETERMINATION! WETLAND: X NON-WETLAND:
PHOTOS TAKEN: YES NO X AUTHORITY: 10 404 10/404 NONE
JURISDICTION: ABOVE HEADQUARTERS ISOLATED ADJACENT NWP#_
DETERMINED BY!
PU14/dm
4,01 OFFIICOti
?p ?yy 4r?
O ?
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S
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Mr. Rick Sago
Conservation Engineer II
City of Raleigh
222 West Hargett Street
Raleigh, NC 27602
Dear Mr. Sago:
UNITED STATES DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
NATIONAL MARINE FISHERIES SERVICE
Southeast Regional Office
9450 Koger Boulevard
St. Petersburg, FL 33702
March 23, 1992 F/SE013:JEB

MAR 2 6 1992
ceillial L-Ni'lleerifle
This is in response co -yuur letter regarding '.:hc Pre-discharge
Notification for work proposed by the City of Raleigh, North
Carolina, and Endangered Species Act considerations. The
shortnose sturgeon (Acipenser brevirostrum), along the Atlantic
coast, and the Gulf sturgeon (Asipenser oxyrhynchus desotoi),
along the coast of the Gulf of Mexico, are the endangered species
under the jurisdiction of the National Marine Fisheries Service
(NMFS) which are most likely to occur in your project area. In
the absence of evidence to the contrary it must be assumed that
these sturgeon are present and may be adversely affected by your
proposed activity.
The Endangered Species Act of 1973 as amended (ESA) requires that
federal agencies consult with the NMFS and/or the U.S. Fish and
Wildlife Service (FWS) when an action permitted, funded, or
carried out by an agency (in this case the Corps of Engineers)
may jeopardize the continued existence of, or adversely affect,
endangered or threatened species. Therefore it is the
responsibility of the Corps of Engineers (COE) to make this
determination and consult with the NMFS and FWS. This
responsibility cannot be delegated to nonfederal organizations or
individuals.
I suggest that you contact your local COE District Office. They
are aware of the situation and they should contact our office
with the appropriate information regarding your project.
Sincerely,

Charles Oravetz, Chief
Protected Species Management
Branch
1
J_
1 ?I
???`Nt or C, 1
W UNITED STATES DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
r c NATIONAL MARINE FISHERIES SERVICE
°"Arts 01Southeast Regional office
9450 Koger Boulevard
St. Petersburg, Florida 33702
March 17, 1992 F/SE021/TLW
919/728-5090
Mr. Rick Sago
Conservation Engineer II
City of Raleigh
222 West Hargett Street
Raleigh, North Carolina 27602 MAR
jy 1992
'el
Dear Mr. Sago:
This responds to your letter dated March 10, 1992, for work
proposed by the City of.Raleigh, Wake County, North Carolina. In
accordance with provisions contained in the Fish and Wildlife
Coordination Act, the National Marine Fisheries Service (NMFS) has
reviewed the information you provided and has determined that your
proposed action would not adversely affect marine, estuarine, or
anadromous fishery resources under the purview of this office.
Sin erely yo?rs,
?G
An eas Mager, J
A istant Regio al Director
Habitat Conservation Division
Cc: PSMB, St. Petersburg, FL
IICD, St. Petersburg; F?,
COE, Wilmington, NC
a4 ',k`
eNT'OF TyF
vi O
? a
ARCH 3 ?$A
United States Department of the Interior
FI911 AND WILDLIFE SERVICE
Raleigh Field office
Post. Off-ice 13ox 33726
Raleigh, North Carolina 27(33(3-3726
March 27, 1992
Mr. Rick Sago
City of Raleigh
222 West Hargett Street
P.O. Box 590
Raleigh, North Carolina 27602
Dear Mr. Sago:
TAKE ¦? ¦
AMMENCNA ?

RECEIVED
MAR 3 U 1992
tG(1400al L.fit pJJ(:0ilr1
This is in response to your letter of Fecruary 25, 1992,
requesting the U.S. Fish and Wildlife Service (Service) to review
and provide comments on the proposed dredging project off of
Starmount Drive, Wake County, North Carolina. These comments are
provided in accordance with the provisions of Section 7 of the
Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543)
(Act).
Based on our records and information provided to us, the service
believes that the proposed project will have no adverse impact to
Federally-listed endangered or threatened species. Therefore,
the requirements of Section 7 of the Act are fulfilled. However,
obligations under Section 7 of the Act must be reconsidered if:
(1) new information reveals impacts of this identified action
that may affect listed species or critical habitat in a manner
not previously considered; (2) this action is subsequently
modified in a manner which was not considered in this review; or,
(3) a new species is listed or critical habitat determined that
may be affected by this action.
We appreciate the opportunity to provide these comments during
the early planning stages of this project. If we may be of
further assistance, please let us know.
Sincerely yours/
L.K. Mike Gantt
Supervisor
% I
"d s sTAi o
f..
gfCEIVED
MAR 2 G 1992
Cenival Engineering
North Carolina Department of Cultural Resources
James G. Martin, Governor
Patric Dorsey, Secretary
March 24, 1992
Mr. Rick Sago
Conservation Engineer II
City of Raleigh
P.O. Box 590
Raleigh, N.C. 27602
Division of Archives and History
William S. Price, Jr., Director
Re: Dredging Project off Starmount Drive, Raleigh,
Wake County, ACOE NWP, ER 92-7973
Dear Mr. Sago:
Thank you for your letter of February 25, 1992, concerning the above
project.
We have conducted a review of the project and are aware of no properties
of architectural, historic, or archaeological significance which would
be affected by the project. Therefore, we have no comment on the
project as currently proposed.
The above comments are made pursuant to Section 106 of the National
Historic Preservation Act of 1966 and the Advisory Council on Historic
Preservation's Regulations for Compliance with Section 106, codified at
36 CFR Part 800.
Thank you for your cooperation and consideration. If you have questions
concerning the above comment, please contact Renee Gledhill-Earley,
environmental review coordinator, at 919/733-4763.
Sincerely,
David Brook
Deputy State Historic Preservation Officer
DB:slw
cc: Wayne Wright, ACOE, Wilmington
John Dorney, DEM, DEHNR
109 EastJones Street • Raleigh, North Carolina 27601-2807
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1
State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
William W. Cobey, Jr., Secretary
October 8, 1992
M E M O R A N D U M
TO: John Dorney
FROM: Bill Flournoy XS
SUBJECT: 401 Certification, Starmount
Douglas G. Lewis
Director
Planning and Assessment
OCT - 9199Z
I have reviewed the background information on the requested 401
Certification for Starmount/Monterey Street in Raleigh. This
response is to that package of information; a site inspection has
not ben made, although I am generally familiar with the area; and
I acknowledge that I am not current in the intricacies of the 401
Certification Program.
The project in question is but one of a number of sites in
Raleigh with similar flooding problems. In most cases, a small
tributary stream is involved and one or more of the following
items have contributed to the problem:
o inadequate application of flood hazard regulation,
o excessive sedimentation of the stream channel,
o insufficient drainage through downstream obstructions,
such as streets or fill,
o excessive runoff from upstream development,
o inappropriate subdivision lot patterns,
o inappropriate location of structures.
It is recognized that many of the problem areas developed before
Raleigh instituted protective regulations, or amended preexisting
regulations to incorporate current scientific knowledge. Thus,
some of the problem areas are unavoidable and cannot be corrected
without either a substantial economic commitment or the sacrifice
of additional ecological function:
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Fnual nnnortunity Affirmative Artinn Fmnlnver
o- !.'-
f
o acquisition of property and removal of structures under
existing FEMA programs,
o removing downstream obstructions,
o creating upstream retention/storage,
o channelization,
o wetland and/or floodplain fill.
More recently developed areas that evolve flooding problems are
another matter. These provide a pretty clear indication that
protective regulations (or their administration) are still not
sufficient to avoid current and future problems. It is my
understanding that Raleigh's City Council has directed a review
of these localized flooding problems, but I am unsure whether
they are being approached as site specific issues, or as
programmatic issues. I sincerely hope that a comprehensive
programmatic approach is being taken so this type of problem will
not continue to proliferate and continue to demand solutions
which have their own economic and environmental down sides.
On the question of the specific Starmount/Monterey street
project, I offer the following observations.
o FEMA based flood hazard regulations do not allow fill
or other obstructions within the floodway of streams.
Since fill is proposed between the top of bank and the
uplands on three lots then the floodway must be within
the proposed new channel cross-section.
o The 100 feet of vegetated buffer between the houses and
stream is not assured. There is a building-envelope on
each of these lots, defined by city zoning with the
exception of required back and side lot setbacks, upon
which the owner may build or otherwise use the land for
non-buffer purposes. Once the area is filled, it would
be more attractive for such use.
o The project may call for the disturbed areas to be
revegetated in grasses ... but as noted previously,
there is no assurance that this condition will persist.
o There also is no assurance that wetlands and vegetation
on the west side of the stream will persist as a
buffer/filter. The channelization process could effect
the existing wetland characteristics. Further, the
wetland area may not be protected from future
disturbance. Even if it were zoned Conservation
Buffer, zoning is subject to change. Only a property
interest, such as conservation easement, will give the
level of protection suggested.
W . i*0,w

o On the issue of grassed buffer effectiveness, there
should be a substantial difference between the
filtering (percolation, entrapment, etc.)
characteristics of compacted urban lawns and relatively
undisturbed agricultural grassed margins. Sorry, I do
not know the literature well enough to know how this
might have been addressed in the cited references..
I hope these observations are of some help to you. Let me know if
you have any questions or wish to discuss this in more detail.
WLFjr:dm

AFFIDAVIT OF PUBLICATION
NORTH CAROLINA.
Wake County. ss.
NORTH CAROLINA DIVISION Before the undersigned, a Notary Public of said County and State, duly
OF ENVI
. MANAGEMENT RONMENTAL
commissioned and authorized to administer oaths, affirmations, etc.,
PUBLIC NOTICE is hereby giv-
en that the City of Raleigh in
appeared Robert M. Woronoff, Jr.
personally • • • • • • • • • • • • • • • • • • • • • • •
Raleigh, North.Carolina has ap•
plied to the Division of Environ•
mer51a1 Management for a Wafer
who, being duly sworn or affirmed, according to law, doth depose and say
Quality Certification pursuant to
Section 401 of the Federal Clean
Treasurer
that he is
Water Act. and Environmental .
.............................................
Management Commission rules
in 15A NCAC2H .0500 and 15A
of THE NEWS AND OBSERVER PUBLISHING COMPANY, a corporation
NCAC 2B .0109. The activity for
which the certification is sought
organized and doing business under the Laws of the State of North Carolina,
is to dredge and enlarge an exist.
ing stream channel and thereby
and publishing a newspaper known as THE NEWS AND OBSERVER, in the'
place lands nd in 1.45
to place acres fill in en
City of Raleigh, County and State aforesaid, the said newspaper in which
additional 0.63 acres of wetlands
for residential fill adjacent to°
such notice, paper, document, or legal advertisement was published was, at
Marsh Creek in Starmount Sub-;
division- near Edgetone Drive
the time of each and every such publication, a newspaper meeting all of the
• and Monterey Street in Wake
requirements and qualifications of Section 1-597 of the General Statutes of
County.
-
The public is invited to comment
North Carolina and was a qualified newspaper within the meaning of Section
on the above mentioned applica•
Lion to the Division of Environ- 1
1-597 of the General Statutes of North Carolina, and that as such he makes
mental Management.
Comments shall be in writing
this affidavit; that he is familiar with the books, files and business of said
and shall be received the
Division no later than October 5,
Div
. Comments sent
mental
i
corporation and by reference to the files f sal pubblication th attached

f l
T
N.C
N.C. Division of of Env
ron
Q
lit
U
? (?
1. (,
ua
Management, Water
y
Section, Planning Branch, P.O.
Box 29535. Raleigh. North Coro- advertisement of ................ ........... .

a
' , )ll_t( (?/
1AX
lino 27626-0535. Attention: John
Dorney. A copy of the applica• ` l t
• • • • • • • • • • • • • • • • • • • • • • • • • • • . •
. • • • • • • • • • • •
tion is on file eI the Division':
Regional Offl a (Raleigh Re- was inserted in the aforesaid newspaper in space and on d tes as follows:
gional. Office, 3800 Barrett
Drive;, Raleigh, N.C. 27609,
919.571-4700) during normal busi-
ness hours and may be inspected
MONiby the public. 1
John R. Dorney for 2 3 4 5 6 7 8 9 0 11 112113 14 5 116117118119120121122123124125126127128129130131
A. Preston Howard, Jr. P.E.
North Carolina Divisic -
Environmental M{mogement
DATE: September 4,1992
N&O: September 18, 1992.
The above is correctly copied from the books and files of the aforesaid Corporation and publication.
Title TSEAL

Sworn or affirmed to, a d subscribe before me, this ........ . .... day of
A.D. 19 9)
In Testimony Whereof, I ha a here to s t my hand d affixed my official seal, the
day and year aforesaid.
rvvt,
.................................
Notary Public.
2nd July
My commission expires . ...... , . day of . , ........ , 19 95 .............
r 06&
NWa
!ACCOUNT NUMBER
73370150
DATE BILLED
09/18/92
Invoice
for
LEGAL ADVERTISING
ACCOUNT NAME
NC DEPT OF EHNR
BILLED TO:
NC DEPT OF EHNR
ENVIRON. MGMT. BUDGET OFFICE
PO BOX 29535
RALEIGH NC 27626-0535
remit to:
LEGAL AIR DEPT.
P.O. BOX 191
RALEIGH, NC 27602
FOR CUSTOMER SERVICE:
L"Z -029-4586
SEP 2 3 '92
o. E ," 8lIOGET OFFICE
INVOICE NR PUBLICATION DATE DESCRIPTION
TF4LWD901 09/18/92 JOHN DORNEY-WATER QUALITY/ N
SPACE RATE COST
61.OOL 2.21
TOTAL DUE
RETURN REMITTANCE COPY WITH PAYMENT
$134.81
$134.81
el k IMO

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State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor September A, 1992
A. Preston Howard, Jr., P.E.
William W. Cobey, Jr., Secretary 1(0 Acting Director
The News and Observer
P.O. Box 191
Raleigh, N.C. 27602
ATTN: Legal Ad Department
Dear Sir:
SUBJECT: Public Notice
Please publish the attached Public Notice one time in the
section set aside for Legal Advertisements in your newspaper.
The publication should run on or before September k_-341992.
Please send the invoice for publication and three copies of the
affidavit of publication to the address given below. Payment
cannot be processed without the affidavit of publication.
N.C. Division of Environmental Management
Water Quality Section
P.O. Box 29535
Raleigh, N.C. 27626-0535
Attn: John Dorney
If you have any question concerning this matter, please call
me at 919-733-1786.
Q S' cerely,
Jo R. Dorney
Wetlands and Tech cal Review Group
JRD/PUbnot
cc: John Dorney
Raleigh DEM Regional Office
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 9191395-3900 919/896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
4+
11 NORTH CAROLINA DIVISION OF ENVIRONMENTAL MANAGEMENT

PUBLIC NOTICE is hereby given that the City of Raleigh in
Raleigh, North Carolina has applied to the Division of
Environmental Management for a Water Quality Certification
pursuant to Section 401 of the Federal Clean Water Act and
Environmental Management Commission rules in 15A NCAC 2H .0500
and 15A NCAC 2B .0109. The activity for which the certification
is sought -is to dredge and enlarge an existing stream channel and
thereby place fill in 1.45 acres of wetlands and to place fill in
an additional 0.63 acres of wetlands for residential fill
adjacent to Marsh Creek in Starmount Subdivision near Edgetone
Drive and Monterey.Street in Wake County.
The public is invited to comment on the above mentioned
application to the Division of Environmental Management.
Comments shall be in writing and shall be received by the
Division no later than October 512; 1992. Comments should be sent
to N.C. Division of Environmental Management, Water Quality
Section, Planning Branch, P.O. Box 29535, Raleigh, North Carolina
27626-0535, Attention: John Dorney. A copy of the application
is on file at the Division's Regional Office (Raleigh Regional
Office, 3800 Barrett Drive, Raleigh, N.C. 27609, 919-571-4700)
during normal business hours and may be inspected by the public.
P eston Howard, Jr. P.
orth Carolina Division f Environmental
Management
DATE: September 4, 1992

pf Fq ? V
I i'rj?Il.
a?? /Ql
rp
WETLANDS GROUP
WATER OUALITY SECTION
City Of
5Vo rth
6Raleigl2
Carolina
September 1, 1992
Mr. John Dorney
Water Quality Planning
Division of Environmental Management
NC Department of Environment, Health,
and Natural Resources
PO Box 29535
Raleigh, NC 27626-0535
RE: 401 Certification
Starmount/Monterey St
Dear Mr. Dorney:
This letter is in response to your letter dated July, 29, 1992.
The City of Raleigh shares your concern for the water quality in
the area of our proposed project. However, we feel that we are in
substantial compliance with the intent of the 401 Certification
requirements and believe that the stream will comply with State
Water Quality Standards after the proposed improvements are
constructed.
I ,have enclosed a marked up map to further explain and clarify the
scope of our project. We propose to place fill along the- east
side of the proposed project between the new top of bank and the
uplands at 3113, 3117 Edgetone Dr. and 3201 Monterey St., as shown
on the attached map. However, as shown on the map, the fill
placement will not extend to the proposed channel along 3101
Edgetone Dr. There will be approximately a 50' buffer in this
area as you requested.
We believe that overall water quality will not be compromised by
the project as presently designed. To the best of our knowledge,
Marsh Creek currently meets State water quality standards and
supports its designated use and we do not believe that the project
(including the filling of the residential lots) will create any
long term condition that might result in a violation of water
quality standards. This is based on the following:
The only surface drainage directed to the proposed fill areas
is that which runs off the single family lots themselves.
All of these lots are between one-half and one acre in area
and have small percentages of impervious area.
OFFICES • 222 WEST HARGETT STREET • RALEIGH, NORTH CAROLINA 27602
4 ?
Page 2
9/1/92
None of the street drainage travels through this area.
There will be at least 100 feet of vegetated area between the
houses and the stream which could be considered buffer for
water quality concerns.
A significant portion of the wetland areas to be filled are
presently being used and maintained in grass as residential
yard space.
The project calls for all disturbed areas to be revegetated
in grasses and/or other residential landscaping which would
provide pollutant removal similar to the existing condition.
The majority of the wetlands and vegetation on the west side
of the stream will be maintained as a buffer/filter for the
runoff from the commercial development which dominates the
west side of the stream.
The references provided do not support a need for a 50 foot
wetland buffer for water quality. Specifically, Howard
(1988) recommends a 50 foot buffer based mostly on habitat
and travel corridor concerns and not water quality. Neiswald
(1990) indicates that a 50 foot forested buffer is sufficient
to protect water quality when the slopes are less than 150
but does not specify the need for wetland buffers.
Additional literature indicates that the grassed buffers can
be extremely effective in removing pollutants (Gilliam, 1990
and Franklin, 1991).
The wetland area's value in storing and treating floodwaters
is minimal, according to the references, since the outlet of
the stream is not restricted.
There is nothing to guarantee that this area will remain as
wetlands, forested, or even vegetated since the individual
property owners may alter their yards, including the wetland
areas at any time based on current wetland regulations.
Second, your letter states that "we believe the channelization and
four lot fills are the same project". We are concerned with this
interpretation since it conflicts with the Corps interpretation
that the four fill lots and the channelization are separate
projects. You should have received carbon copies of the five
letters sent out to the City and the four property owners by the
Corps indicating this. We have relied on this interpretation to
develop this project. It was our understanding that the Corps
would have the authority to determine the extent and severability
of individual projects and then the state in turn would review
these projects, as defined by the Corps, for compliance with the
401 certification program. Apparently, there is some confusion on

Page 3
9/1/92
this issue. Accordingly, we would be grateful if you could
provide us with some guidance on this matter and work with the
Corps to coordinate interpretations so that we may avoid this
conflict in the future.
We believe that the project is necessary to address a public
safety concern with street flooding and residential flooding.
Also, we believe that the fill areas will provide additional
berming/flooding protection for existing residential land uses.
We also believe that the project as submitted strikes a reasonable
balance in addressing the environmental 'issues, including water
quality concerns.
I hope this letter provides sufficient information for you to
issue the 401 Certification for this project. However, if you do
not feel that we are complying with the intent of the
Certification requirements, we would like to proceed with the
public notice process. Feel free to contact me at 890-3030 if you
have any questions.
Sincerely,
4/4-
Rick Sago
Conservation Engineer II
401repl2.doc
cc: City manager
City Engineer
files (3)
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State of North Carolina
Department of Environment, Health, and-Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor A. Preston Howard, Jr., P.E.
William W. Cobey, Jr., Secretary Acting Director
July 29, 1992
Mr. Richard Sago
Conservation Engineer
City of Raleigh
222 West Hargett Street
Raleigh, N.C. 27602
Dear Mr. Sago:
RE: Starmount/Monterey Street Dredging Project
Wake County
DEM # 92265
As a follow up to our telephone conversation of 23 July 1992,
the N.C. Division of Environmental Management has the following
objections to the abovementioned project as proposed. We believe
that the stream channelization and four lot fills are the same
project since the sand from dredging will be placed on the lots
as described in the application package. We have no water
quality concerns with the stream channelization as a solution to
the severe flooding problems in the area as long as the area is
restored to its oroginal contour after channelization is
completed. I also believe that some (if not most) of the lot
flooding will be alleviated once the stream channel can carry the
two year storm.
However removal of the wetlands adjacent to the stream is of
concern with regard to water quality. It is still somewhat
unclear but apparently the City's plan is to fill basically all
of the wetlands between the new stream channel and the present
upland on the four residential lots. It is very clear in the
scientific literature that wetlands provide vital buffers for
streams to protect water quality (see attached draft report for
background). This function is especially important in urban
locations where nonpoint sources of pollution are treated by the
wetland. The scientific literature indicates that a 50 foot
buffer would be needed adjacent to a permanent stream to ensure
water quality. As you know several of the lots (noteably 3117
Edgetone, 3113 Edgetone and 3101 Edgetone Drive) have had fill in
the past and there is less than 50 feet between the present fill
and the planned stream channel. Therefore we believe that
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/733-2314 9191946-6481 9191395-3900 919/896-7007
Pollution Prevention Pays
7015
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-

Mr. Richard Sago
July 29, 1992
Page 2
additional fill on these lots could not be approved as part of
this project due to water quality concerns. At 3201 Monterey
Street, about 0.15 acres of fill adjacent to Monterey Street and
the existing home could be approved without water quality
concerns. This amount of fill is based on a 50 foot setback from
the new stream.
I believe that there are two ways to proceed on this project.
If the City persists in intending to provide fill for the lots
beyond that discussed for 3201 Monterey Street, I will have to
put the project out to public notice, wait about two weeks for
public comment and then (based on our present knowledge of the
project) recommend to the Director of the Division of
Environmental Management that he deny the 401 Certification for
this project. I anticipate that this entire process would take
about one month unless a public hearing is held. In that case, a
total of three months would be expected. As you know, there can
be no 404 Permit if a 401 Certification is denied. Alternatively
if the project is modified along the lines discussed above, I can
issue a 401 Certification immediately.
Please advise which process the City wishes to follow. I am
well aware of the severe flooding problems at the site
(especially at 3201 Monterey Street) since I live within one mile
of the area and have driven past this site innumerable times in
the past five years. However I cannot ignore the fact that a
portion of these wetlands are providing significant water quality
benefits which would be removed with the avoidable lot fill.. I
can be reached at 733-1786 if you have any questions.
Sincerely,
Jo n R. Dorney
Wetlands and Tec nical REview Group
starmount.ltr/ JRDa
cc: Karl Schaffer, Raleigh Regional Office
Central Files
Mr. John Thomas, Raleigh Field Office U.S. Army Corps of
Engineers
`18 July 6, 1992 L
WETLANDS GRE
WATER QUALITY SEC: wi .
MEMORANDUM
To: John Dorney e_
Through: Arthur Mouberry, P.E.egional Supervisor
m Donnelly, P.E.- Regional Water Quality
Supervisor
From: Karl Shaffer- Soil Scientist
Subject: 401 Certifications; Projects No. 92265, 92309
1. Starmount Drive/Monterey Street. Project No. 92265- Wake
County. I have reviewed this area on site with Rick Sago-
engineer for the project for city of Raleigh. The proposal is to
dredge a tributary of Marsh Creek (class C NSW) in the Neuse
watershed. This channel has been silted in due to upstream
construction. The result is that Starmount Drive and Monterey
streets flood frequently with heavy rains. Additionally, one
property and home flood seriously at these times. The RRO has no
objection to the dredging activity to restore the channel
capacity.
The second portion of the proposal is to use the dredged
material to fill private lots adjacent to the stream. This fill
volume would vary on the differing lots. I feel that this should
be treated as one large project, because the impact is to one
area. The application feels that each individual area of fill for
the respective property owners (each less than one acre), should
be automatically granted under the nationwide permitting system.
My recommendations for the entire project are as follows:
-Lot owned by Harvey and June Speller at 3201 Monterey
Street floods frequently and severely. This lot may accept
fill as long as 50 feet of natural floodplain remain
: between the edge of the fill and the re-established creek
channel. The fill is to be gradually sloped to the
floodway. The fill is to be planted and maintained in
permanent vegetative cover.
-Lot owned by Jeff and Nancy Strong at 3117 Edgetone Drive
has had extensive fill in the past. This fill comes to
within several feet of the existing channel. This remaining
floodplain is valuable for a buffer to the new channel
area. The RRO requests that no fill be allowed on this lot.
-Lot owned by Donald Lake at 3113 Edgetone Drive has had
extensive fill in the past right to the creek channel. The
existing floodplain should be allowed to remain as a buffer
to the new channel. The RRO requests that no fill be
allowed on this lot.
% a
Memo.to John Dorney
Page -2-
-Lot owned by Theresa Deatherage at 3101 Edgetone Drive has
some areas which could accept fill with little water
quality impacts. The proposed fill will remain at least
60 feet from the proposed creek channel, so adequate
floodplain buffer will remain. An existing culvert will
be rerouted, but will outlet at non-erosive velocities to
the floodplain and not directly to the creek. The RRO has
no problem with addition of fill material here to within
the confines drawn on the proposed plans.
These wetlands 'are of moderate value. They are in an area
highly developed for commercial and residential use. To that
extent, they are one of the few remaining wetland areas in the
immediate vicinity. Water quality benefits and wildlife habitat
are both important aspects of the wetlands area.
John, please review these comments and recommendations, and
contact Rick Sago with city of Raleigh at 890-3031. He would like
to hear as soon as possible what decisions will be reached on the
401 certification so he can proceed with his plans. If you have
any questions or seethe need to diverge greatly from my
recommendations, please give me a call.
2. New Light Farm; Project No. 92309- Wake County. I visited this
site on June 30, 1992. The applicant proposes to fill in existing
drainage ditches through a pasture and have the Soil Conservation
Service design some grassed waterways to handle the stormwater
flow. This will benefit water quality in the area by removing the
cows from the direct water channel, and by allowing filtration of
stormwater through grassed strips instead of unlined ditches. No
negative impacts are foreseen on this project. A rating sheet was
not done, but the value of the existing ditches is quite low. The
RRO recommends a 401 be issued for the project as soon as
possible. The applicant would like to have all permits in hand
soon so as to begin work in August and seed the waterways before
winter comes. The ditches and pasture drain towards New Light
Creek in the Neuse River watershed- class C NSW.
?
?"4•,t Project No. or description ar / /Y y r? `r j?? c>1 rz P,,1 S r e " d a
FWPI
Location
County l k-- Nearest road or town
River basin
Nearest stream
:?• /YIaY,G? ('r?Plc and classification O ti-tW
Evaluator
Agency and, address ?E./V,(
Date and time evaluated,&,,,/-- 3C? /9°2 5 = 3CJ
Major Wetland Type 1' L? (
Approximate size or wetland system_acres
Approximate extent of wetlands in area acres
within miles /,.#/e
Three most commonPlant species n"'Mr";°-?? ; of a2 a
(in order) :
Soil Series (if known)
Hydrologic indicators
Direct surface hydrologic connection? ,yE
NO
Existing Conditions
Drainage ti12->n cd /?i%r/?JY A
? -? e%?ta n ct?tc? ' !?<Yr? rG !? if L?/C?p?
Disturbance tip,
Restoration potential T ,•?1zy fry
Restoration value`
Is site known to provide habitat for rare, endangered or
threatened species? .,(/ If so, list species observed or recorded.
Item No.
I. Location
/Landscape
1 Natural area buffer
2 Sensitive watershed
3 Dispersal corridor system
II. Ecological Values
4 Special ecological attributes
5 Wildlife habitat
6 Aquatic life
7 Water storage
8 Streambank stabilization
9 Removal of pollutants
III. Human Values
10 Outdoor recreation/education
11 Economic value
Total score
Score (circle one)
5
4
3
2
1
5 4 3 2 0 0
5 4 3 9 1 0
5 4 2 1 0
5 4 3 O 1 0
5 4 5, 2 1 0
5 4 2 1 0
5 4 2 1 0
5 4 3 (? 1 0
5 4 3 2 r? :!D 0
2 S A?
Site description and notes:
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City Of 6Raleigh
5Vorth Carolina
Y 20,
Mr. John Dorney
Water Quality Planning
Division of Environmental Management
NC Department of Environment, Health,
and Natural Resources
PO Box 29535
Raleigh, NC 27626-0535
RE: 401 Certification
Dear Mr. Dorney:
Enclosed please find 7 copies of the application and related
material for a 401 certification for the City of Raleigh's
Starmount/Monterey St. Dredging Project.
This project is proposed to eliminate the periodic flooding of
Starmount Drive and Monterey Street. The problem is the result of
the gradual silting in of the existing creek channel, as well as,
the outlet of the dual 54" culverts under Starmount Drive over the
past several years. Currently the creek is little more than a low
area, with no well defined channel. Also, the outlets of the
culverts are approximately 7' below the channel.
As shown on the enclosed plans, the. City proposes to dredge and
enlarge the existing channel. However, there is one area where we
propose to relocate the channel to better approximate the
original location, as shown on our maps.. This channel has been
designed to carry the 2 year storm. It is also proposed to raise
the inverts of the culverts approximately 2' and realign them to
better line up with the channel. we plan to raise the inverts to
minimize the excavation required for the channel. This will allow
a more narrow channel, which will help to minimize the impact on
the wetlands.
The city has received requests for excess material from four
property owners along the east side of the channel (see enclosed
letters). It is my understanding that these property owners are
allowed to place fill in the wetlands on their property as long as
they do not fill more than one acre. According to my
calculations, none of the property owners will be filling in more
than one acre. Also, none will be filling more than one third of
an acre, which is under the amount which would require a 401
OFFICES • 222 WEST HARGETT STREET • RALEIGH, NORTH CAROLINA 27602
a •
May 20, 1992
Page 2
certification. Therefore, if allowed, the City plans to supply
the property owners with material, as well as, grade it for them .
If you have any questions concerning this project, please contact
me at 890-3030.
Sincerely,
;41/14-
Rick Sago
conservation Engineer II
cc: City Engineer Beckom
Civil Engineer II
Files (3)
dorney.doc
4
DEM ID:
JOINT APPLICATION FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE DISTRICT ENGINEER
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. BOX 1890
WILMINGTON, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
ACTION ID:
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. BOX 29535
RALEIGH, NC 27626--0535
ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO.THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME:
SEE ATTACHED
2. OWNERS ADDRESS:
SEE ATTACHED
3. OWNERS PHONE NUMBER (HOME):
(WORK) :
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: Jimmie Beckom, P.E. 890-3030
Citv of Raleigh
222 W. Hargett Street
Raleigh, North Carolina 27602
5. LOCATION OF PLANNED WORK (ATTACH MAP).
COUNTY: Wake
NEAREST TOWN OR CITY: Raleigh
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
Starting approximately 240 ft north of Starmount on Tributary to
Marsh Creek south to approximately 230 ft north of Trawick Road (SR 2206)
6. NAME OF CLOSEST STREAM/RIVER: Marsh Creek
7. RIVER BASIN: Neuse
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES [ ] NO [X]
9. HAVE ANY SECTION. 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ ] NO [X)
IF YES, EXPLAIN.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
2.96 ac.
2/3/92

-2-
11. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT:
FILLED: SEE ATTACHED
DRAINED:
FLOODED:
EXCAVATED:
TOTAL IMPACTED:
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): Dredge & enlarge
creek channel
13. PURPOSE OF PROPOSED WORK,: Eliminate flooding of Starmount Drive
and Monterev Street
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. This is where the channel that is silted in is located.
This channel must be dredged to allow the water to flow to-eliminate _ the,
flooding We will do most work from east side of channel to minimize
impact on wetlands on west side.
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE
OR ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED
SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE
PROPOSED PROJECT. HAVE YOU DONE SO? YES [X] NO [ ]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE ATTACHED.
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH
MAY BE AFFECTED BY THE PROPOSED PROJECT?
HAVE YOU DONE SO? YES [X] NO [ ]
RESPONSE FROM THE SHPO SHOULD BE ATTACHED.
17. ADDITIONAL INFORMATION REQUIRED BY DEM:
A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND LAKES ON
THE PROPERTY.
B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PROJECT.
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH
COPY.
E. WHAT IS LAND USE OF SURROUNDING PROPERTY? Residential on east side
Commercial on west.
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
jq?
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SIGNATURE
t' S C' 1TI FNCA ? fz
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CRTS, Inc.
3116 Capital Boulevard
Raleigh, NC 27604
Mr. Richard J. Goodman
3110 Capital Boulevard
Raleigh, NC 27610
Wayne & Walt Gibson
Brentwood 76
2757 Capital Boulevard
Raleigh, NC 27604
Mr. Alex Blackman
3019 Edgetone Dr.
Raleigh, NC 27604
Mr. James Matthew
2909 Trawick Rd.
Raleigh, NC 27604
J.T. Hobby & Son, Inc.
PO Box 18506
Raleigh, NC 27609
Ms. Theresa Deatherage
3101 Edgetone Dr.
Raleigh, NC 27604
Ms. Sonia K. Bradshaw
3105 Edgetone Dr.
Raleigh, NC 27604
Mr. Charles Overton
3109 Edgetone Dr.
Raleigh, NC 27604
Mr. Donald Lake
3113 Edgetone Dr.
Raleigh, NC 27604
Mr. Jeffery Strong
3117 Edgetone Dr.
Raleigh, NC 27604
Mr. Harvey Speller
3201 Monterey St.
Raleigh, NC 27604

As stated in the cover letter, our project will involve dredging
and enlarging the existing channel with four adjacent property
owners using the excess material on their private property. The
City's project will involve excavating approximately .97 ac. in
the wetland along with clearing an additional .48 ac. for access
and construct ioofi--\This puts the City's total impact at
approximately 1.45 c. In addition, the City is relocating
approximately feet of the existing channel. The existing
channel along this area will be filled as part of the work on
private property.
The material from this job will be placed on four properties, with
a wetlands impact as follows:
1. 3201 Monterey Street-clearing & filling Area=.33 ac.
2. 3117 Edgetone Drive-clearing & filling Area=.15 ac.
3. 3113 Edgetone Drive-clearing & filling Area=.04 ac.
4. 3101 Edgetone Drive-clearing & filling Area=.11 ac.

TOTAL AREA= C.63 C.
These property owners will be receiving fi7.]_ over a larger area
than indicated above, however, the rest will placed on land not in
the wetlands. The complete fill areas are indicated on the plans.
If you have any questions
contact me at 890-3030.
Thank You
Rick Sago
concerning this explanation, please
a'%
/ , . -
T1r. and Mrs. Harvey R. Speller, Jr.
3201 Monterey Street
Raleigh, North Carolina 27604
May 12, 1992
Rick Sago MP,, :18 1992
City of Raleigh
Conservation Engineer IId1?i:Sitf:g,,•t;
222 West Hargett Street
Raleigh, North Carolina 27602
Dear_ Sir:
This letter is in response to your correspondence of April 29th
asking us to inform the city as to whether we would like to use
the dredged material to be taken from the Starmount project
(scheduled for Summer 92) and if so, how it would be used.
We, the property owners, Harvey Speller, Jr., and June Speller
do request the use of a substantial amount of the dredged material.
We would like to build up the low-lying areas of our property
caused by soil erosion from flooding. The areas adversely affected
are areas to the right of the main dwelling and areas directly
behind the main dwelling.
We are not merely asking for a layer of material , but certain
areas may require a build up of two feet or more. Our desire is
that the area affected be built up level with Monterey Street
with a gradual slope toward the creek. It is our understanding ?o
that this poses no problem as long as we remain out of the floodway.
As afore mentioned, this would make use of a substantial amountof
the material.
Thank you for your cooperation in this matter.
Sincerely,
W"4)t- ?' 4,6,
Harvey Jr. and June Speller
! a
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Ra I e C( h
Y
a, c. 5 J
U.,/ o n c-- iu <% a N t,-
3113 Ede e ? 7 r-- 0 ?--
kcl- 1, rv.0. c? 76aK
RECEIVED
MAY 14 1992
19

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May 11, 1992
Mr. Rick Sago
Room 602
City of Raleigh
222 West Hargett Street
Raleigh, NC 27602
RE: Starmount/Monterey St.
Dredging Project
Dear Mr. Sago:
M AY 1 ?? 1992
In response to your letter of April 29, 1992 concerning the disposition of dredged
material on my property, I am very much in need of this dredged material for
leveling my property and making it more usable.
At the present time, I own almost 3/4 of an acre of land, yet because of the steep
drop off at the side and back, I am unable to have a place to park cars, have a safe
place for children to play, store my camper, or plant a garden. I have also been
concerned about the standing water in the low areas. This has been a breeding
ground for mosquitoes, rats, etc. and a health hazard. This area is also an eye
sore, and if not corrected would adversely affect the salability of my home and
property at any future date.
Please convey my concerns to the Corp of Engineers. I sincerely hope that the
project will move forward rapidly and I am interested in discussing the progress
of this project with you at anytime.
Sincerely,
Theresa Deatherage
3101 Edgetone Drive
Raleigh, NC 27604
876-0562
i
WETLAND DETERMINATION FORM
COORDINATOR: Paktiawal TIME: 10.:00 a.m. DATE: 2/28/92 COUNTY: Wake
NEAREST TOWN: Raleigh WATERWAY: y
QUAD! East Raleigh LOCATION: unknown creek south Starrnount Rd. Tributary to
PROPERTY OWNER: (NAME/ADDRESS) PARTY DOING WORK! (NAME/ADDRESS) Marsh
Public Utilities Central Engineerinq Crk.
City of Ralejqh City of Raleigh
P.O. Box 590 P.O. Box 590
_Raleigh, NC 2760.2 Raleigh, NC 2760-2-
PHONE! (919 ) _f_90 - 3400 PHONE : ( 919). 890 - 3030
OTHER INDIVIDUALS PRESENT: Eerie Saqo
IS PROPERTY UNIFORM X OR SEPARATE DISCRETE VEGETATIVE UNITS
VEGETATION:(IN ORDER OF DOMINANCE, DRAW LINE ABOVE NON-DOMINANT SPECIES)
TREES:SPECIES-%COVER-INDICATOR GROUND COVER:SPECIES-%COVER-INDICATOR
1. Betula Nigra OBL -'250 1. Scirpus Koilolepis FACW - 30%
2. Liquidambar Styr. FAC = 200 2. Cyperus Erythrorlmze FAC - 25%
3. Acer_ Rubrum F'AC - 20% 3.
4. Quercus Phellos FACW - 10%4.
5. Platinus Occidentalis FACW - 1005.
SAMPLINGS/RUBS 6.
1_ Betula Nigra OBL - 20$ 7.
2. Liriodendron Tulipi. FAC - 5% B.
3. Ilex Opeca MU - 3% WOODY VINES!
4• Juglans Nigra FA-CU - 2% 1- Lonicera Japonica FAC - 10%
5- Cornus Florida FFA - 2% 2. Smilax Bona Nox FAC - 10%
% OF DOMINANT SPECIES (OBL.-FAC.)72!? OTHER INDICATORS!_Uon
HYDROPHYTIC VEGETATION: YES X NO BASIS: More than 50% dominant
v-e9etation OBL EA
_C acid FACW _
TYPICAL: (COMPLETE BELOW) ATYPICAL (COMPLETE BACK)
SOIL:
SERIES: Applying fine sanay_ oam _ ON HYDRIC SOILS LIST: YES NO X _
MOTTLED: YES X NO MATRIX COLOR: 10YR5/2 HYDRIC SOILS: YES X NO_
BASIS . Existence of low chroma.
HYDROLOGY!
INUNDATED: YES X NO DEPTH OF WATER: 2-5 inches
SATURATED SOILS: YES X NO DEPTH TO SATURATION/WATER TABLE 2-3 inches _
OTHER INDICATORS: Inundated siqn on all sites
WETLAND HYDROLOGY: YES X NO BASIS., Low chrona, mottled soil and hydric soil
ATYPICAL SITUATION: YES X NO NORMAL CONDITIONS! YES NO
WETLAND DETERMINATION! WETLAND: X NON-WETLAND:
PHOTOS TAKEN: YES NO X AUTHORITY: 10 404 10/404 NONE_
JURISDICTION: ABOVE HEADQUARTERS ISOLATED ADJACENT NWP#_
DETERMINED By! PUI.4/dm

aPt?"Al Or COti4?p
n V n
A VP
tit[S 01
Mr. Rick Sago
Conservation Engineer II
City of Raleigh
222 West Hargett Street
Raleigh, NC 27602
Dear Mr. Sago:
UNITED STATES DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
NATIONAL MARINE FISHERIES SERVICE
Southeast Regional Office
9450 Koger Boulevard
St. Petersburg, FL 33702
March 23, 1992 F/SE013:JEB

MI .R G 1992
I Oirlial Gp?It180r1rl?
'I'bis is in response co -yuut IEi.Lcr regarding tho 'Pre-discharge
Notification for work proposed by the City of Raleigh, North
Carolina, and Endangered Species Act considerations. The
shortnose sturgeon (Acipenser brevirostrum), along the Atlantic
coast, and the Gulf sturgeon (Acipenser oxyrhynchus desotoi),
along the coast of the Gulf of Mexico, are the endangered species
under the jurisdiction of the National Marine Fisheries Service
(NMFS) which are most likely to occur in your project area. In
the absence of evidence to the contrary it must be assumed that
these sturgeon are present and may be adversely affected by your
proposed activity.
The Endangered Species Act of 1973 as amended (ESA) requires that
federal agencies consult with the NMFS and/or the U.S. Fish and
Wildlife Service (FWS) when an action permitted, funded, or
carried out by an agency (in this case the Corps of Engineers)
may jeopardize the continued existence of, or adversely affect,
endangered or threatened species. Therefore it is the
responsibility of the Corps of Engineers (COE) to make this
determination and consult with the NMFS and FWS. This
responsibility cannot be delegated to nonfederal organizations or
individuals.
I suggest that you contact your local COE District Office. They
are aware of the situation and they should contact our office
with the appropriate information regarding your project.
Sincerely,
Charles Oravetz, Chief
Protected Species Management
Branch
+ 'TN'
`N
2 ?
J
O

"41 or
UNITED STATES DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
NATIONAL MARINE FISHERIES SERVICE
ice
rATK,o1 Southeast Regional office
9450 Koger Boulevard
St. Petersburg, Florida 33702
March 17, 1992 F/SE021/TLW
919/728-5090
Mr. Rick Sago
Conservation Engineer II
City of Raleigh ;Z ?11?G
222 West Hargett Street
Raleigh, North Carolina 27602 MAR 19 1992
Dear Mr. Sago:
for work
This responds to your letter dated March 10, 1992,
proposed by the City of Raleigh, Wake County, North Carolina. In
accordance with provisions contained in the Fish and Wildlife
Coordination Act, the National Marine Fisheries Service (NMFS) has
reviewed the information you provided and has determined that your
proposed action would not adversely affect marine, estuarine, or
anadromous fishery resources under the purview of this office.
Sin rely yo rs,
Aneas Mager, J
Assistant Regio al Director
Habitat Conservation Division
cc: PSMB, St. Petersburg, FL
IICD, St. Petersburg, FT,
COE, Wilmington, NC
UMOS? (y?y
i
4
J4ti._ _.d°J?
1
United States Department of the Interior
FISII AND WILDLIF , SEItVICT'
Raleigh Field 01'11ce
1'ost Office 13ox 3,3726
Raleigh, North Carolina 27(1:3(6-:3726
Mr. Rick Sago
City of Raleigh
222 West Hargett Street
P.O. Box 590
Raleigh, North Carolina 27602
Dear Mr. Sago:
(Act).
March 27, 1992
This is in response to your letter of Fecruary
requesting the U.S. Fish and Wildlife Service
and provide comments on the proposed dredging
Starmount Drive, Wake County, North Carolina.
provided in accordance with the provisions of
Endangered Species Act of 1973, as amended (16
¦
TAIL ¦??
AMEFJCNA?

t.ti i;EIVE D
1W/ '3 U 1992
25, 1992.;
(Service) to review
project off of
These comments are
Section 7 of the
U.S.C. 1531-1543)
Based on our records and information provided to us, the Service
believes that the proposed project will have no adverse impact to
Federally-listed endangered or threatened species. Therefore,
the requirements of Section 7 of the Act are fulfilled. However,
obligations under Section 7 of the Art must be reconsidered if:
(1) new information reveals impacts of this identified action
that may affect listed species or critical habitat in a manner
not previously considered; (2) this action is subsequently
modified in a manner which was not considered in this review; or,
(3) a new species is listed or critical habitat determined that
may be affected by this action.
We appreciate the opportunity to provide these comments during
the early planning stages of this project. If we may be of
further assistance, please let us know.
Sincerely yours,
L K_ V `'sic
L.K. Mike Gantt
supervisor
? ? ??;,+ stniF
MI-1(Z 26 1992
?
North Carolina Department of Cultural Resources
James G. Martin, Governor
Patric Dorsey, Secretary
March 24, 1992
Mr. Rick Sago
Conservation Engineer II
City of Raleigh
P.O. Box 590
Raleigh, N.C. 27602
Re: Dredging Project off Starmount Drive, Raleigh,
Wake County, ACOE NWP, ER 92-7973
Dear Mr. Sago:
Division of Archives and History
William S. Price, Jr., Director
Thank you for your letter of February 25, 1992, concerning the above
project.
We have conducted a review of the project and are aware of no properties
of architectural, historic, or archaeological significance which would
be affected by the project. Therefore, we have no comment on the
project as currently proposed.
The above comments are made pursuant to Section 106 of the National
Historic Preservation Act of 1966 and the Advisory Council on Historic
Preservation's Regulations for Compliance with Section 106, codified at
36 CFR Part 800.
Thank you for your cooperation and consideration. If you have questions
concerning the above comment, please contact Renee Gledhill-Earley,
environmental review coordinator, at 919/733-4763.
Sincerely,
David Brook
Deputy State Historic Preservation Officer
DB:slw
cc: Wayne Wright, ACOE, Wilmington
John Dorney, DEM, DEHNR
109 East ones Street 0 Raleigh, North Carolina 27601-2807
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N (I Want. of Environment. Health, and Natural Resources
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13(J Printed on Recycled Paper

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7 '
State of Nlor -i Carolina
4 Uepa.rrr.o.ent of T3nviro-riim .t, Htalth, and Natural. Resources
Division of Environmental iVi.ana.getr,era
P.O. Pox 29535
Raleigh, NC 27025-0535
hre.% R QTJn".Z.ITY SEC 1011
33-1338
FAX -# 919R33-1338
FAX
FROMI: Rotk p 11 ot ?
rO. OP ?': 6-ES 1N CT- uDrl'G CO" MRS ',r:
1 ?s
?d srard?
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor September A4 1992 A. Preston Howard, Jr., P.E.
William W. Cobey, Jr., Secretary 1(9 Acting Director
The News and Observer
P.O. Box 191
Raleigh, N.C. 27602
ATTN: Legal Ad Department
Dear Sir:
SUBJECT: Public Notice

Please publish the attached Public Notice one time in the
section set aside for Legal Advertisements in your newspaper.
The publication should run on or before September M4?
j1992.
Please send the invoice for publication and three copies of the
affidavit of publication to the address given below. Payment
cannot be processed without the affidavit of publication.
N.C. Division of Environmental Management
Water Quality Section
P.O. Box 29535
Raleigh, N.C. 27626-0535
Attn: John Dorney
If you have any question concerning this matter, please call
me at 919-733-1786.
S; cerely,
Jo R. Dorney
we lands and Techn'cal Review Group
JRD/PUbnot
cc: John Dorney
Raleigh DEM Regional Office
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900 919/896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

NORTH CAROLINA DIVISION OF ENVIRONMENTAL MANAGEMENT
PUBLIC NOTICE is hereby given that the City of Raleigh in
Raleigh, North Carolina has applied to the Division of
Environmental Management for a Water Quality Certification
pursuant to Section 401 of the Federal Clean Water Act and
Environmental Management Commission rules in 15A NCAC 2H .0500
and 15A NCAC 2B .0109. The activity for which the certification
is sought is to dredge and enlarge an existing stream channel and
thereby place fill in 1.45 acres of wetlands and to place fill in
an additional 0.63 acres of wetlands for residential fill
adjacent to Marsh Creek in Starmount Subdivision near Edgetone
Drive and Monterey Street in Wake County.
The public is invited to comment on the above mentioned
application to the Division of Environmental Management.
Comments shall be in writing and shall be received by the
Division no later than October'TG; 1992. Comments should be sent
to N.C. Division of Environmental Management, Water Quality
Section, Planning Branch, P.O. Box 29535, Raleigh, North Carolina
27626-0535, Attention: John Dorney. A copy of the application
is on file at the Division's Regional Office (Raleigh Regional
Office, 3800 Barrett Drive, Raleigh, N.C. 27609, 919-571-4700)
during normal business hours and may be inspected by the public.
P eston Howard, Jr. P. .
orth Carolina Division f Environmental
Management
DATE: September 4, 1992
X40,.
TRANSMISSION REPORT

( SEP 16 '92 10:17AN )
*** * sK******** **7K>{c>K>{ok 3Ksk?t * *%K***>KKc****** ************ *********>k?lc ?c** * **************>k* ****>k;i?*K:* ***

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* DATE START REMOTE TERMINAL MODE *
TIME RESULTS TOTAL DEPT. FILE
TIME IDENTIFICATION PAGES CODE NO.
* *
*
SEP 16 10:15AM 919 829 4824 G3E ST 01'11" OK 03
* *
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a'
SEP - 3 W2
15
City Of (Raleigh
5Vorth Carolina
September 1, 1992
Mr. John Dorney
Water Quality Planning
Division of Environmental Management
NC Department of Environment, Health,
and Natural Resources
PO Box 29535
Raleigh, NC 27626-0535
RE: 401 Certification
Starmount/Monterey St
Dear Mr. Dorney:
This letter is in response to your letter dated July, 29, 1992.
The City of Raleigh shares your concern for the water quality in
the area of our proposed project. However, we feel that we are in
substantial compliance with the intent of the 401 Certification
requirements and believe that the stream will comply with State
Water Quality standards after the proposed improvements are
constructed.
I have enclosed a marked up map to further explain and clarify the
scope of our project. We propose to place fill along the east
side of the proposed project between the new top of bank and the
uplands at 3113, 3117 Edgetone Dr. and 3201 Monterey St., as shown
on the attached map. However, as shown on the map, the fill
placement will not extend to the proposed channel along 3101
Edgetone Dr. There will be approximately a 50' buffer in this
area as you requested.
We believe that overall water quality will not be compromised by
the project as presently designed. To the best of our knowledge,
Marsh Creek currently meets State water quality standards and
supports its designated use and we do not believe that the project
(including the filling of the residential lots) will create any
long term condition that might result in a violation of water
quality standards. This is based on the following:
The only surface drainage directed to the proposed fill areas
is that which runs off the single family lots themselves.
All of these lots are between one-half and one acre in area
and have small percentages of impervious area.
OFFICES • 222 WEST HARGETT STREET • RALEIGH, NORTH CAROLINA 27602
Recycled Paper
4-40,
Page 2
9/1/92
None of the street drainage travels through this area.
There will be at least 100 feet of vegetated area between the
houses and the, stream which could be considered buffer for
water quality concerns.
A significant portion of the wetland areas to be filled are
presently being used and maintained in grass as residential
yard space.
The project calls for all disturbed areas to be revegetated
in grasses and/or other residential landscaping which would
provide pollutant removal similar to the existing condition.
The majority of the wetlands and vegetation on the west side
of the stream will be maintained as a buffer/filter for the
runoff from the commercial development which dominates the
west side of the stream.
The references provided do not support a need for a 50 foot
wetland buffer for water quality. Specifically, Howard
(1988) recommends a 50 foot buffer based mostly on habitat
and travel corridor concerns and not water quality. Neiswald
(1990) indicates that a 50 foot forested buffer is sufficient
to protect water quality when the slopes are less than 15%
but does not specify the need for wetland buffers.
Additional literature indicates that the grassed buffers can
be extremely effective in removing pollutants (Gilliam, 1990
and Franklin, 1991).
The wetland area's value in storing and treating floodwaters
is minimal, according to the references, since the outlet of
the stream is not restricted.
There is nothing to guarantee that this area will remain as
wetlands, forested, or even vegetated since the individual
property owners may alter their yards, including the wetland
areas at any time based on current wetland regulations.
Second, your letter states that "we believe the channelization and
four lot fills are the same project". We are concerned with this
interpretation since it conflicts with the Corps interpretation
that the four fill lots and the channelization are separate
projects. You should have received carbon copies of the five
letters sent out to the City and the four property owners by the
Corps indicating this. We have relied on this interpretation to
develop this project. It was our understanding that the Corps
would have the authority to determine the extent and severability
of individual projects and then the State in turn would review
these projects, as defined by the Corps, for compliance with the
401 certification program. Apparently, there is some confusion on

Page 3
9/1/92
this issue. Accordingly, we would be grateful if you could
provide us with some guidance on this matter and work with the
corps to coordinate interpretations so that we may avoid this
conflict in the future.
We believe that the project is necessary to address a public
safety concern with street flooding and residential flooding.
Also, we believe that the fill areas will provide additional
berming/flooding protection for existing residential land uses.
We also believe that the project as submitted strikes a reasonable
balance in addressing the environmental 'issues, including water
quality concerns.
I hope this letter provides sufficient information for you to
issue the 401 Certification for this project. However, if you do
not feel that we are complying with the intent of the
Certification requirements, we would like to proceed with the
public notice process. Feel free to contact me at 890-3030 if you
have any questions.
Sincerely,
A ??
Rick Sago
Conservation Engineer II
401repl2.doc
cc: City Manager
City Engineer
files (3)
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State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor A. Preston Howard, Jr., P.E.
William W. Cobey, Jr., Secretary Acting Director
July 29, 1992
Mr. Richard Sago
Conservation Engineer
City of Raleigh
222 West Hargett Street
Raleigh, N.C. 27602
Dear Mr. Sago:
RE: Starmount/Monterey Street Dredging Project
Wake County
DEM # 92265
As a follow up to our telephone conversation of 23 July 1992,
the N.C. Division of Environmental Management has the following
objections to the abovementioned project as proposed. We believe
that the stream channelization and four lot fills are the same
project since the sand from dredging will be placed on the lots
as described in the application package. We have no water
quality concerns with the stream channelization as a solution to
the severe flooding problems in the area as long as the area is
restored to its oroginal contour after channelization is
completed. I also believe that some (if not most) of the lot
flooding will be alleviated once the stream channel can carry the
two year storm.
However removal of the wetlands adjacent to the stream is of
concern with regard to water quality. It is still somewhat
unclear but apparently the City's plan is to fill basically all
of the wetlands between the new stream channel and the present
upland on the four residential lots. It is very clear in the
scientific literature that wetlands provide vital buffers for
streams to protect water quality (see attached draft report for
background). This function is especially important in urban
locations where nonpoint sources of pollution are treated by the
wetland. The scientific literature indicates that a 50 foot
buffer would be needed adjacent to a permanent stream to ensure
water quality. As you know several of the lots (noteably 3117
Edgetone, 3113 Edgetone and 3101 Edgetone Drive) have had fill in
the past and there is less than 50 feet between the present fill
and the planned stream channel. Therefore we believe that
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Mr. Richard Sago
July 29, 1992
Page 2
additional fill on these lots could not be approved as part of
this project due to water quality concerns. At 3201 Monterey
Street, about 0.15 acres of fill adjacent to Monterey Street and
the existing home could be approved without water quality
concerns. This amount of fill is based on a 50 foot setback from
the new stream.
I believe that there are two ways to proceed on this project.
If the City persists in intending to provide fill for the lots
beyond that discussed for 3201 Monterey Street, I will have to
put the project out to public notice, wait about two weeks for
public comment and then (based on our present knowledge of the
project) recommend to the Director of the Division of
Environmental Management that he deny the 401 Certification for
this project. I anticipate that this entire process would take
about one month unless a public hearing is held. In that case, a
total of three months would be expected. As you know, there can
be no 404 Permit if a 401 Certification is denied. Alternatively
if the project is modified along the lines discussed above, I can
issue a 401 Certification immediately.
Please advise which process the City wishes to follow. I am
well aware of the severe flooding problems at the site
(especially at 3201 Monterey Street) since I live within one mile
of the area and have driven past this site innumerable times in
the past five years. However I cannot ignore the fact that a
portion of these wetlands are providing significant water quality
benefits which would be removed with the avoidable lot fill.. I
can be reached at 733-1786 if you have any questions.
Sincerely,
1?
Jo n R. Dorney
Wetlands and Tec nical REview Group
starmount.ltr/ JRDa
cc: Karl Schaffer, Raleigh Regional Office
Central Files
Mr. John Thomas, Raleigh Field Office U.S. Army Corps of
Engineers
MEMO
DATE:
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Health and Natural Resources
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State of North. Carolina
Department of Environment, Health, and Natural Resources
Division of Environnaental Mana;errmt
P.O. Box 29535
Ralezgh, INC 27626-0535
WATER QUALITY SEC-110N
FAX # [phone]
T -LECOBY TO:
FAX NMMBE12:
X33
FROM: PHONE: -
NO. OF PAGES, INCL-7DZNG =MR SEEK: --------------- C3
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TRANSMISSION REPORT
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,,??l!?? CITY OF RALEIGH
•'"LTNTRAL ENGINEERING DEPARTMENT
222 West Hargett Street
Raleigh, North Carolina 27602
PHONE [phone]
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ILI TER ` il TRANSM
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