19920584 Ver 1_COMPLETE FILE_19930204

State of North Carolina
Department of Environment,
Health and Natural Resources AT4?.
Division of Environmental Management -?I
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary ID FE H N F1
A. Preston Howard, Jr., RE., Director
July 8, 1993
Southwyck,In.
1152 Executive Circle
Suite 105
Cary, N.C. 27511
Dear Sirs:
Subject: Proposed fill in Wetlands or Waters
Ditch excavation
Wake County
DEM Project # 93584, COE# 199300066
Upon review of your request for 401 Water Quality Certification
to remove fill material in an additional 0.08 acres of wetlands or
waters which are tributary to Middle Creek for ditch exevation located
at SR 1393 in Wake County as described in your submittal dated 28 June
1993, we have determined that the proposed fill can be covered by
General Water Quality Certification No. 2671 issued January 21, 1992.
A copy of the General Certification is attached. This Certification
may be used in qualifying for coverage under Corps of Engineers'
Nationwide Permit No. 26. An additional condition is that deed
restrictions must be placed on all lots with jurisdictional wetlands
to prevent additional fill, the covenents shall run with the land and
the state shall be a beneficiary.
If this Certification is unacceptable to you, you have the right
to an adjudicatory hearing upon written request within thirty (30)
days following receipt of this Certification. This request must be in
the form of a written petition conforming to Chapter 150B of the North
Carolina General Statutes and filed with the Office of Administrative
Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. Unless such
demands are made, this Certification shall be final and binding.
If you have any questions, please contact John Dorney at 919-733-
1786.
Since el?(,
j Preston' P.E.
93584.1tr'.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DEM Regional Office
Mr. John Dorney
Central Files
Randall Miller; Thompson and Associates
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
..;,,,n,,..
THOMPSON & ASSOCIATES, P.A.
1215 Jones Franklin Road, Suite 201
Raleigh, Noah Carolina 27606
Telephone. [phone] Fa= 9191859-0557
1n A169- PLA'4141""
Dwks%oWA of e.4--jt¢oa?1£--STAL MA9A(--Er1Ea7
11C DePT. CF 1E,1vIOLDa. laeAu-ro' ???. RE-..
i
TO. 50* 29535
9,ALE14N t ac. z-7(0z(-'- 05Z6
WE ARE SENDING YOU
_ Shop drawings
- Copy of letter
LETTER OF TRANSMITTAL
DATE ZS 3 JOB NO.
ATTENTION: O N II T_'7->09 ".1E
RE:
?? c
6. VA 0 2 58?-
Attached - Under separate cover via the following items:.
_ Prints Plan Samples _ Specifications
-Change order ? _ _F/? av.IP LtP
COPIES DATE NO. E S C R I IY.::.
lb PWOk, 4? P1.1"
?o?aT ?der1 ?n._
THESE ARE TRANSMITTED as checked below:
For approval - Approved as submitted
_ For your use _ Approved as noted
_ As requested _ Returned for corrections
For review and comment
_ FOR BIDS DUE 19
REMARKS:
_ Resubmit _ copies for approval
_ Submit _ copies for distribution
_ Return _ corrected prints
PRINTS RETURNED AFTER LOAN TO US

COPY TO
SIGNED )c"e, Z Y=9
Randall L. Miller, E.I.T.
If enclosures are not as noted, kindly notify us at once.
NOTIFICATION FORM [
INFORMATION SHEET '
Nationwide permits that require notification to the C rp of
n'
Nationwide permits that require application for Section 4 wfification
TLANpS GR
A. NOTIFICATION TO THE CORPS OF ENGINEERS DISTRICT 'Litt, ? EFER TO
ITEM B. BELOW FOR DIVISION OF ENVIRONMENTAL MANAGEMENT APPLICATION RE-
QUIREMENTS AND SPECIFICALLY NOTE NWP 26 DIFFERENCE.)
Certain nationwide permits require notification to the Corps of Engineers before work can proceed. They are as follows:
NWP 5 (only for discharges of 10 to 25 cubic yards)
NWP 7
NWP 13 (only for stabilization activities in excess of 500 feet in length or greater than an average of one cubic yard
per running foot)
NWP 14 (only for fills in special aquatic sites, including wetlands, and must include a delineation of affected special
aquatic sites)
NWP 17
NWP 18 (required when discharge exceeds 10 cubic yards or the discharge is in a special aquatic site and must include
a delineation of the affected special aquatic site, including wetlands)
NWP 21 (must include a delineation of affected special aquatic sites, including wetlands)
NWP 26 (only for greater than 1 acre total impacts and must include a delineation of affected special aquatic sites,
including wetlands)
NWP 33 (must include a restoration plan of reasonable measures to avoid and minimize impacts to aquatic resources)
NWP 37
NWP 38 (must include a delineation of affected special aquatic sites, including wetlands)
For activities that may be authorized by the above listed nationwide permits that require notification, the
applicant shall not begin work
a. Until notified that the work may proceed under the nationwide permit with any special conditions imposed by
the District Engineer, or
b. If notified that an individual permit may be required, or
c. Unless 30 days (calendar) have passed from the time a complete notification is received by the District Engineer
and no notice has been received from the District Engineer, and required state approvals have been obtained.
Required state approvals include: 1) a Section 401 water quality certification if authorization is requested for a
discharge of dredged or fill material, and 2) an approved coastal zone management consistency determination if
the activity will affect the coastal area.
Use of NWP 12 also requires notification to the District Engineer, but work may not begin until written
concurrence is received from the District Engineer. The time periods described above do not apply.
Furthermore, requirements to notify the U.S. Fish and Wildlife Service (USFWS), the National Marine
Fisheries Service (NMFS), and the State Historic Preservation Office (SHPO), as indicated below and on the
notification form, do not apply.
B. APPLICATION TO DEM FOR NATIONWIDE PERMIT SECTION 401 CERTIFICATION.
Certain nationwide permits require an application to DEM in order to obtain Section 401 water quality certification.
They are NWP 6, NWP 12, NWP 15, NWP 16, NWT 17, NWP 21, NWP 33, NW 34, NWP 38, and NWP 40.
Certain nationwide permits were issued general certifications and require no application. They are NWP 3, NWP 4,
NWP 5, NWP 7, NWP 20, NWP 22, NWP 23 (requires notification to DEW, NWP 25, NWP 27, NWP 32, NWP 36,
and NWP 37.
The following nationwide permits were issued general certifications for only limited activities: NWP 13 (for projects
less than 500 feet in length), NWP 14 (for projects that'impact waters only), NWP 18 (for projects with less than 10
cubic yards of fill in waters only), and NWP 26 (for projects with less than or equal to one-third acre fill of waters or
wetlands). Projects that do not meet these criteria require application for Section 401 water quality certifications.
? DEM ID-- ACTION ID: I ! (? ODO6?
Nationwide Permit Requested (Provide Nationwide Permit ft 6
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS.
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
A=: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. Bor. 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 PR1N717.
1. Owners Name: ?ou-tN w YG ?? , •.I
2. Owners Address: 1157. E-cECV-Tide Ct2 -L-F- Surre 105 CAa-?( A-C-- Z-7511
3. Owners Phone Number (Home): 4$1- 1344 (Work): 481- 1344-
4. If Applicable: Agent's name or responsible corporate official, address, phone number: .
RA-J!a-J MIwef
G'o TalortPsoa ?c55oc.,a-rEs
?Z ? 5 Jo?ae5 Fud•?c•L ?.! RoAy . 5? ?,rE .. Zo 1 ? RAC ? G N ,,?,, c. z7?o?
5. Location of work (MUST ATTACH MAPCounty: 1,t! A rKE
Nearest Town or City: fuQoAy - \IA9-,,AA
S. R • 3?t3
Specific Location (Include road numbers, landmarks, etc.): roc-ATEV oFF OP
(N•1 LA - a E£flM o2E fLQ.) Aeea- -t 'IZ 01 LE AS-f o f -rN E ?1-r1? - o
S 2 i 3?3 Aao 5-R 1301 ?5??15E`r LAj4E 121:0
6. Name of Closest Stream/River: M i ooLrz GszEE?K
7. River Basin: A e-y 5E R1 y t?--Q
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO [-'
9. Have any Section 404 permits been previously requested for use on this property? YES [-I- NO [ ]
If yes, explain. FdR- PoAPWA`( GR0.5s1 J4 A.1f7 =,,Lo 'F%LL.1.1G
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
3.16 Ac. 0eAi-4Cp po 4P P909-05,ep
04PSe 9'9-Eq100S GEZ-?41-r : 0.0 Ac. Mi?ao2 o-oAfl ca,=s5l"4 4evi P,.rcA -- 0.00AG.
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: Ph evi o h S ?-Pq5l
uwp /y Filled NX?P X
filled 0,17 497
Drained:
Flooded:
Excavated: Qaoynse -rv
a 17 3.A
Total Impacted:
4?: yrr y SfATEa
N a yr a o?
tlJ7?.G ;_ .. / P
?! .'ALIL ?•°rv Qiaw ?a
State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor February 8, 1993 Jonathan B. Howes, Secretary
Southwyck, Inc.
1152 Executive Circle
Suite 105
Cary, North Carolina 27511
Dear Mr. Barnes:
Subject: Proposed Fill in Wetlands or Waters
Residential development
Wake County
DEM Project # 92584
Upon review of your request for Water Quality Certification to place
fill material in 2.14 acres of wetlands or waters near Middle Creek for road
crossing and fill of a drained pond located at SR 1393 in Wake County, we have
determined that the proposed fill can be covered by General Water Quality
Certification Nos. 2732 and 2671 issued January 21, 1992. Copies of these
General Certifications are attached. These Certifications may be used in
qualifying for coverage under Corps of Engineers' Nationwide Permits No. 14
and 26. Additional conditions are. that 1) the proposed ditches shall be
grass lined, 2) a 25 foot buffer shall be established on either side of the
swale channel and shall not be built upon and 3) deed restrictions shall be
placed on all lots with unfilled wetlands to notify the landowner that DEM
approval will be needed for additional fill.
If you have any,questions, please contact John Dorney at 919/733-1786.
P. E.
APH : JD
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DEM Regional Office,
Mr. John Dorney
Central Files
Randy Miller
x 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] Fax # [phone]
An Equal Opportunity Affirmative Action Employer
Sincerely,

MEMORANDUM
TO: John Dorney
Planning Branch
11,`WAVErr:,
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (N/A-NOT APPLICABLE)***
INITIALS-
s
Reviewer
WQ Supv : '?
Date:
93
PERMIT_YR: 92 PERMIT-NO: 0000584 COUNTY: WAKE
APPLICANT NAME: SOUTHWYCK, INC.
PROJECT-TYPE: SUBDIVISION FILL PERMIT-TYPE: NW26.

COE_#:
DOT ,
RCD_FROM_CDA:
REG OFFICE: APP
RRO DATE_
RIVER AND_SUB_ FRM_CDA:
BASIN # : 10/07/92 ,?, ®
d?,4 ,1/,Wwz e?ud
STREAM-CLASS: 0- N.510 ?- "
03 o q-
03
STR_INDEX_NO:.27 ` y3- / S' - K4?
WL_IMPACT? : ?'N
WL_REQUESTED : 2.1 J4 Or,,
HYDRO_CNECT?:(9N
MITIGATION?: Y/©
MITI GATION_S I ZE: MA
WL_TYPE : LP51FM
WL_ACR_EST? :OY 'N
WL_SCORE (#) :Zg ;z>TS
MITIGATION-TYPE:/VA-
IS WETLAND RATING SHEET ATTACHED?C/N
RECOMMENDATION (Circle One): ISSUE SUE/COND DENY
COMMENTS: C,6A)2177,dAJ5': PPI-,6?6S1F0 Rr'as5T-1;,ed va?ev. l ?xo?dr?i"m.? 2 aS d7' dre j' ort Pj ier 5???
G?xo( f ?C? / ?? a22 a ?ic o pA/2? A Q4
?.Pe e ?t°z c sa
cc: Regional Office
Central Files
WETLAND RATING SYSTEM WORKSHEET
coject No. or description
>cation
County_
Nearest road or town <Wi i?
Lai
River -r-
basin ?1i1;r?cF,
Nearest stream__zz;-and classification
raluator
?ency and address
ite and time evaluated it _ 1"'1'12
acres
acres
Three most common plant species (in order):
Al Series (if known) ?4j
i
?drologic indicators, %
Direct surface hydrologic connectiofl? ?, Y NO
ijor Wetland Type
Approximate size of wetland system
Approximate extent of wetlands in area
within miles
:isting Conditions
Drainage _
Disturbance '-t, Kx-)
Restoration potential _
Restoration value
; site known to provide habitat for rare, endangered or
.ened species? If so, list species observed or recorded.
.em No.
ration/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
8 Streambank stabilization
9 Removal of pollutants
Human Values
10 Outdoor recreation/education
11 Economic value
Score (circle one)

' 4
3
2
1 IV
0
5 4 3 2 1 0
5 4
5 4 3
03 0
2 1
1 0
0
5 4
5 /:4?-). 3
.3
2 1
1 0
0
5
5 t9?. 3
3 2
2 1
1 0
0
5 4 3 ?2 ' 1 0
5 4 3 2 1
Total score ?7 c
Site description and noises:
d k'GCfi 77V :?q C 1Jr ?= /+42-& LS CS
13

IMPORTANT
2 Time ` 30
WHILEI YOU WERE OUT
AREA CODE NUMBER EXTENSION
TELEPHONED PLEASE CALL
CALLED TO SEE YOU WILL CALL AGAIN
WANTS TO SEE YOU URGENT
RETURNED YOUR CALL
Sign
N.C. Dept. of Environment, Health, and Natural Resources
Via PrinfoA nn Gcrv.rlnA Dnnn.
THOMPSON & ASSOCIATES, P.A.
1215 Jones Franklin Road
Suite 201
Raleigh, NC 27606
Phone [phone]
FAX [phone]
TO
wA-ra Q. Q .. A ?. ?-? ?{ pt.,a ?? ? a 4
CNVISIO-L v Et?v?aot.tnE?.s•-r???.
wAA?.LA4 EHEaT
e- - oep"r. ,P LN.v11obLKr-*,-r IrteALr H
AP&P nt4'C?ti:A?• a.ESouwt:BS? ,
R o . 5cgc ?A 85, 5
aA 1$ 1 y µ u. c. 27 ? z? -- ?Z3 5
LLLScTU FEUU @( U [RAA VZWU0?c[r°R L
DATE ` n Joe No.
ATTENTION
RE:
?JO?TI-lw?.tr.?
WE ARE SENDING YOU ?I?(tttached ? Under separate cover via the following items:
? Shop drawings ? Prints -/Plans ? Samples ? Specifications
? Copy of letter ? Change order IS )kWP 14' a Z(,
COPIES DATE NO. DESCRIPTION

MIT-
I
?t
TER UAtITY SECTIO,n? A

THESE ARE TRANSMITTED as checked below:
For approval ? Approved as submitted ? Resubmit copies for approval
? For your use ? Approved as noted ? Submit copies for distribution
? As requested ? Returned for corrections ? Returncorrected prints
? For review and comment `?
? FOR BIDS DUE 19 ? PRINTS RETURNED AFTER LOAN TO US
REMARKS

COPY TO
SIGNED:
If enclosures ail not as noted, kindly notify us at once.

D3M 2DI _ ? .- _ AU'TION ID:
, ' NATIONWIDE PERMIT R:-, QUESTED PROVIDE NATIONWIDE PERMIT
111111'1' P, "M 1 1r11
NATZO WIDE PERNTTS THAT REQUIRE NOTIF'l('AT ION '10 T?i= CORPS: OF ENrTNFrF%
NATIONWII)L Ykitla.: r:; THAT F(EQUIRE APPLICATION F(A1 !:r;UTION •-Ul 1:LitTIFICATION

WILMINGTON DIS.R_C_ LCt.^,?,IL?R
CORPS OF ENGINW_i?S
DEPARTMENT O. THE AP-MY
L.O. BOX 1390
WILMINGTON, NC 28402-1 90
ATTN: CESAW-CO-E
Telephone [phone]
LBATER QUALITY PLANNIII;G
DIVISION OF MANACEMENT
NC DEPIRTMEN 0
AND NLTUPAL
P.U. Box 29535
FJ LEICF!, NC 27
ATTN: MR. JOHN
Telephone ( 91`3 )
Y OCT ' 719R
i
?S_-po3 i
ONE (I) COPY OF THIS COMPLSTED APPLICATION SHOULD BE SL
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C.
ENVIRONMENTAL MANAGEMEiNT. PLEASE PRINT,

SION OF
I. OWNERS NAME: -Soo AMC I ? c-
2. OWNERS ADDRESS: - 152 E)7 iecu-r,ye Coza,-e -_-
3. OWNERS PHONE NL*N.EER (1401,2) : g-81- 1344 ('W'ORK) : 481-134-4-
4. IF APPLICABLE': A ENT'S K;kME OR RESPO.ISISILZ CORPC',RATE OFFICIAL, ADDRESS,
PHONE NUMBER: RA"P%j ?-
_ G O '? p1.1??Q r.l ?i?? $S O G l AT6S..-- ---•
1215 ?a'-Ie5't+.??? ?_..?...-.R_°- c? - S?t-r6 20?---
--- _ 9, P. Le 1 c 44 5. LOCATION OF WORK (MUST ATTACH MAP) . COUNTY: WAKE
NEAREST TOWN CIR CITY: FuovAy- VA%z%wA _
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.
LOGA-fED oG t=._: -°-F---S-R._ 1393 -_(yHt?.?ToP-= nI?ED?totzE RV _A ?1?.QX.
?I2 __vt t a . E E I. S-C o f R 14 E 1 r *4 O _
?9? __1$0l_- . [,SvnlSe'f LAKE ?L?:.? ._---
6. NAME OF CLOSES:' STREAM/RIVER: %-e GREEK ---
7. RIVER EASIN: L)."5,?^g1VEe.
8. IS THIS PROJECT L:CC' TED 1 W.%TERJH5
D CLASS:FIED AS TROUT, SA, F.;r.,W, ORW,
WS T, OR WS 11'>
Y F. S [ j 1-d0 (•?
9. HAVE ANY SECTr-ON 404 PE?.M_T:S BEEN PREVIOUSLY p.EQU2SIED FOR USE ON Ris
PROPERTY? YES ( ) NO
1P YES, EXPLAIN. -------••-_-- -__-- _--- ___ -_--
10. ESTIMATED TQTi:- NU.143E. OF ACRES OF WATERS OF Ti-? U.S. 1I:c-1L1.jD.CDJG
WETLANDS, LOCATE[: ON PROJECT Si'wE: 3.1(/ AG¢.2S - D¢At..lEP T=o-u=b
O . 11 At.2E5 - M?w1o2 (z,p,4 D Geb,1?¢3;314
3, 3 3 -ro-rA -A- DES

A-MAL
-2-
11. NUMP.ER. OF ACRE_ C': WATERS OF THE U.S, INCLUCINC ;.'PTL..-.n'S, :Mn•?CT.D By
THE PROPOSED PRO, EC.T:
FILLED: 0.1-7 AG, rii-X0 - iZeAfl ?o^S51.1?j + IA-7 AG pRA1dEA Po.?D
.
DI2A.IIdED: 3•I?o - D RA 1,.IEG Pont 0
FLOG=? ED : ??_ _
? T"J2'AL 'IMPACTED: Z.14 AG 1L1.1.,p.. (0-7-A' R nR?
_ ? _ oAp t i • Ir"7 Ac.' 0
poa
12. DESCR_rrTIC:7 PROPOS&D '•:ORK ATTACH PLA:IS) :
( A_ µANOtZ_ czo.s.0 ...._._c4LosbI?14
?_._w.E-r>_A1ac5 of 0X1 AcQCS... A?-so...
r 13. PURPOSE, OF °ACPOSED FORK. &?AD__cjQ_05j4c... ?°_ ?'SE2-,ICE SuPyp?VlSlo? 14. STATE REASONS .:cIY THE APPLICANT BE in.cS TnTi'? T'riI? :':C.7i'J1Tt MOIST 55
CARRIED OUT IN '"E7LANDS ALSO, NOTE DIESSCi?._o TO 1:I _'.cIZZ FE.t^L?.tiD
IMPACTS. 9o AV .._ CftvS5?nI4__?h QE?I _YJ LL-jLn_.5p _±4M 4 I o-j %%E-lb t?41l ?H E wZEA
--
rl ...p140 Se` 2I W. AR.Ea
Q??AQ_..G4.OS5??!.14.._i5----E'1.-.-"Ct?>? -A,2-iA__.. E3.ES'C.. ._'Co SE2?.?t?. -T'¢Ac.T. THE pe?.sD
A2E.A .%/A'.* pr-A1P1E0 5104GE ?C H8 poap WA'5 O N-le-E oltl-`f A's IRZl4 A'C? o.l ?n1d
FoR /? TdbAc.co F4ELp. -rae Po"ko WAg S11d.LLovo OV4p4EmS W,6.11 To F1l.L CR?A1j6D owr¢
lam. YOU ARE r.t?Ui?i=iU TO CONTACT T6E U.S. FI rH AND WiLDLIa"ei lJ1C:E P
(USFWS) AND/OR NA :'IC'i:AL MA.41NI.: FISHERI::S Sa":R ICE (i•7L1FS) REGA'raING TjE PRESENT.:' A¢.L•A AaP
OR ANY Fr, .+ r r1 ? LISTED OR P+... r•o+P>(SE.TNG s ?-Le AV rL ?•
D':: Ri-?...:.r ? ?OR LIS'.^ U?.:+C=i-.=G' OR . T'r.REATS:?iED GPIasS
SPECIES CIA CRITIC:A- RASITAT IN T.42 PERXLT AREA 'T' EAT MAY 5c^ ... ?ECTEJ SY THE '[n
PROPOSED PROJECT. -_*AvE YOU DUNE SO? YES (. NO (J' p&AI?j AeZA
R_vSPONSES FROM THE USFWS I.ND,,'OR I:I:FS SHOULD BE FORWARDED TO CORPS.
16. YOU ARE RZQUIr'tED TO CONTACT THE STATE HISTORIC F'RESER:'T:?"ON OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH
MAY BE AFFECTED BY THE PROP0S•r;D PP.OJEC.+T?
HAVE YOU DONE SO? YES ( ) ii0
RESPONSE FROM 1 t SHPO SF0*,.;LD BE FQ-RW AP:3ED TO C Us::'E, .
17. ADDITIONPL INFOR?1.,TION KE;=:JiRED BY DM-
A. . WETLAND Dc:.II:Enfli;ii ='.r Sit WING ALL Y:aZ'LA:dD?:, z'TREA"S, AND LAKES ON
THE PROPERTY.
B. IF AVAILABLE, REPRESENTATIVE PI-!OTOGP,.A=H OP WETLANDS TO t7E IMPACTED BY
PROJECT.
C. T_F DE_INEATION WAS PERFORMED BY A CONSULTANT, INCLUi? ALL CATA SHEETS
RELEVANT TO THE PLACEMENT OF ThE DELINEATION LINE.
-I P. .'.TORfrly'i'?.E I, JtAIJAG_r .V .ENT PLAN IS REQUIRED r ATTACH :On. THIS b'F:.OJ.CT„
COPY.
E. WHAT is '.AIND U::E Or SURROUND;NC PROPERTY^ R,SIOEwrjAL
F. IF APPLIC_.SLE, S'iI'.AT IS _'RO?C5f.' ti ?`":EOll 0- 9E4:.,?E
--- to tS . w?.. . IS sVf3P%V (Slat-L Ko 1•F All E. 1-11>1V
PR•ES 1 PC N'r
So f_;eru w..1 UL , l •14
DATE

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO December 3, 1992
Regulatory Branch
Action ID. 199300066 and Nationwide Permit Numbers 14 (Road Crossing)
and 26 (Headwaters and Isolated Waters)
Southwyck, Inc. +;(
Attn.: Mr. Charles Barnes s9'`t
1152 Executive Circle, Suite 105 QEC - 9 1992'
Cary, North Carolina 27511
Dear Mr. Barnes:

Reference your application of October 2, 1992, for Department of the Army
authorization to discharge fill material within waters of the United States,
causing the loss of a total of 3.33 acres of wetlands (0.17 for a road
crossing and 3.16 for draining, filling and grading of a pond) adjacent to,
and above the headwaters of, an unnamed tributary to Middle Creek, for
construction of the proposed Southwyck residential subdivision development, on
the north of S.R. 1393, Hilltop-Needmore Road, east of Fuquay-Varina, Wake
County, North Carolina.
For the purposes of the U.S. Army Corps of Engineers' Regulatory Program,
Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the
Federal Register on November 22, 1991, lists nationwide permits.
Authorization was provided, pursuant to Section 404 of the Clean Water Act,
for discharges of dredged or fill material into headwaters and isolated waters
provided:
a. the discharge does not cause the loss of more than 10 acres of waters
of the United States;
b. the permittee notifies the District Engineer if the discharge would
cause the loss of waters of the United States greater than one acre in
accordance with the "Notification" general condition. For discharges in
special aquatic sites, including wetlands, the notification must also include
a delineation of affected specific aquatic sites, including wetlands; and
c., the discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project.
Authorization, pursuant to Section 10 of the Rivers and Harbors Act of 1899
and Section 404 of the Clean Water Act, was also provided for fills for roads
crossing waters of the United States (including wetlands and other special
aquatic sites) provided:
w. ?
•
-2-
a. The width of the fill is limited to the minimum necessary for the
actual crossing;
b. The fill placed in waters of the United States is limited to a filled
area of no more than one-third acre. Furthermore, no more than a total of 200
linear feet of the fill for the roadway can occur in special aquatic sites,
including wetlands;
C. The crossing is culverted, bridged or otherwise designed to prevent
the restriction of, and to withstand, expected highflows and the movement of
aquatic organisms;
d. The crossing, including all attendant features, both temporary and
permanent, is part of a single and complete project for crossing of a water of
the United States; and
e. For fills in special aquatic sites, including wetlands, the permittee
notifies the District Engineer in accordance with the "Notification" general
condition.
Your work is authorized by these nationwide permits provided it is
accomplished in strict accordance with the enclosed conditions. These
nationwide permits do not relieve you of the responsibility to obtain any
required State or local approval. You should contact Mr. John Dorney of the
North Carolina Division of Environmental Management at [phone]
regarding a State Water Quality Certification.
This verification will be valid for 2 years from the date of this
letter unless the nationwide authorization is modified, reissued, or revoked.
Also, this verification will remain valid for the 2 years if, during that
period, the nationwide permit authorization is reissued without modification
or the activity complies with any subsequent modification of the nationwide
permit authorization. If during the 2 years, the nationwide permit
authorization expires or is suspended or revoked, or is modified, such that
the activity would no longer comply with the terms and conditions of the
nationwide permit, activities which have commenced (i.e., are under
construction) or are under contract to commence in reliance upon the
nationwide permit will remain authorized provided the activity is completed
within 12 months of the date of the nationwide permit's expiration,
modification or revocation, unless discretionary authority has been exercised
on a case-by-case basis to modify, suspend, or revoke the authorization.
*..k, ,*
4
-3-
Questions or comments may be addressed to Mr. Eric Alsmeyer, Raleigh
Regulatory Field Office, at telephone [phone], extension 23.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copy Furnished (with enclosure):
Thompson and Associates
Attn.: Mr. Randy Miller
1215 Jones Franklin Road
Raleigh, North Carolina 27606
Copies Furnished (without enclosure):
Mr. Mike Coughlin
Environmental Engineer
Wake County Community
Development Services
Post Office Box 550
Raleigh, North Carolina 27602
Wake County Community
Development Services
Attn.: Jay Zaragoza
Subdivision Administrator
Post Office Box 550
Raleigh, North Carolina 27602
Mr. John Parker
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. J hn Dorney
Wate Quality Section
Di ision of Environmental Management
N rth Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
w
I i4
State of North Carolina
Department of Environment, Health, and Natural Resources
Raleigh Regional Office
James G. Martin, Governor
William W. Cobey, Jr., Secretary
DIVISION OF ENVIRONMENTAL MAN
NOVEMBER 20, 1992
Mr. Randy Miller
Thompson and Associates
1215 Jones Franklin Road; Suite 201 N
Raleigh, NC 27606
Edmond John Maguire
Regional Manager
-2a
Subject: Water Quality Certification
Project No. 92584
Southwyck Subdivision
State Road 1393
Wake County
Dear Mr. Miller:
The Raleigh Regional Office has received a request for a 401
Certification for wetlands fill for the above named project. Mr.
Karl Shaffer received the project plans on October 13, 1992 and
has tried numerous times to contact you concerning the project.
With most of these attempted contacts, a message was left for a
return call. No response has been received from your office.
Mr. Shaffer performed a site visit on November 18, 1992. The
wetlands in question have significant value, especially in light
of the proposed plans for the site and especially with respect to
water storage and pollutant removal functions of the wetlands. In
addition, there are potentially several areas of jurisdictional
wetlands on the north side of the property which have not been
delineated, but which have proposals for building lots. These are
questions that could have been answered at the time of the site
visit, but Mr. Shaffer, as mentioned before, did not receive any
response from your office.
In order to continue the review of this application, you
should contact Mr. Shaffer at [phone]. The additional
information needed includes:
1. An Army Corps of Engineers Certified Wetlands Map showing
the entire extent of jurisdictional wetlands on the site.
2. Plans for stormwater routing over the entire tract.
3. Plans to minimize the wetlands impacts on the tract.
3800 Barrett Drive, Suite 101 • Raleigh, N.C. 27609
Telephone [phone] • FAX Number [phone]
An Equal Opportunity Affirmative Action Employer
N
Mr. Randy Miller
November 20, 1992
Page -2-
If this office has not been contacted by December 18, 1992,
it will make recommendation for denial of the project. Please be
aware that this 401 Certification is required, by law, prior to
the Army Corps of Engineers issuing its Nationwide permit for the
project.
Sincere y,
Z55???
Arthur Mouberry, P.E.
Regional Supervisor
cc: John Dorney -DEM- Wetlands Review Group
0040
&IMlwpad? & o??dciated, ?. a?.
THE FRANKLIN CENTER
SUITE 201 NORTH 1215 JONES FRANKLIN ROAD
RALEIGH, NORTH CAROLINA 27606
[phone]
December 3, 1992
Mr. Karl Shaffer D
Division of Environmental Management
3800 Barrett Drive, Suite 101 g ??92
Raleigh, North Carolina 27609
RE: Southwyck Subdivision
Project No. 92584
Dear Mr. Shaffer:
Y
This letter is a follow-up of our telephone conversation on
December 2, 1992 regarding the above referenced project.
First, I would like to clarify the misunderstanding that occurred
between you and our office. It appears that in trying to contact
myself, you were reaching the number of Barnes Builders. This is
the reason why our office did not respond to your attempts to
contact us. Since we were not actually reached, we were not aware
of your comments on this project.
As stated in our telephone conversation, Thompson and Associates
logs in and records all phone messages and does return all phone
calls promptly regarding projects we are working on. We pride
ourselves on our professionalism and respectfully request that a
copy of this letter be placed in the file with the letter from
your office dated November 20, 1992.
Lastly, I will be forwarding to you at a later time, copies of the
proposed improvements to be placed in the areas of the project you
have raised comments over.
Thank you for your time in this matter.
to working with you on this project.
Sin erely,
?j
Randy L. Miller.
Thompson & Associates, P.A.
RLM/lch
I am looking forwarding
cc: Arthur Moulberry, P.E.; Regional Supervisor
John Dorney; DEM; Wetlands Review Group