19930639 Ver 1_COMPLETE FILE_19930727

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt; Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
August 27, 1993
Mr. Charles Moseley
1128 Ivy Lane
Raleigh, N.C. 27609
Dear Mr. Moseley:
A[4AM * A
*7m??=t
L?EHNR
Subject: Proposed fill in Wetlands or Waters
Commercial fill, M & D Associates
Wake County
DEM. Project # 93639
Upon review of your request for 401 Water Quality Certification
to place fill material in 0.15 acres of wetlands or waters which are
tributary to Stirrup Iron Creek for commercial fill located at Airport
Blvd. in Wake County as shown on the attached map. 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 a deed restriction shall be
placed on the remaining wetlands to prevent additional fill, the
restriction shall run with the land and the state shall be listed as 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.
1786.
If you have any questions, please contact John Dorney at 919-733-
Sincerely,
' PrestbiY' Howard Jr. P . E .
93639.1tr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DEM Regional Office
? >?®,n?y =rte
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
July 23, 1993
Regulatory Branch
61993
Wc!!id11S Glj
Action ID. 199303382 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
M.D. Associates
Attn.: Mr. Charles Mosely
1128 Ivy Lane
Raleigh, North Carolina 27609
Dear Mr. Mosely:
Reference our letter dated May 16, 1990, confirming Department of .he Army
As stated in the referenced letter, and as explained to you by Mr. Eric
Alsmeyer of my staff in a telephone conversation on July 12, 1993, the
nationwide permit authorization for your project was valid until the permit
was modified, reissued or revoked. The nationwide permit was modified prior
to January 13, 1992, as scheduled. Because you had commenced the activity
before the permit was modified, you had only 12 months from the date of the
modification to complete the activity under that nationwide permit, and the
authorization became invalid on January 13, 1993.
by
authorization, nationwide general permit, of your proposed dischar
e
fill material-within waters of the United States, causing the loss of 4.5
tributary acres of wetlands adjacent to, and above the headwaters of, an unname
to Stirrup Iron Creek, in association with the construction of
commercial development of a 13.69 acre tract on the south side of S.R. 3015
(Airport Boulevard}, at its intersection with S.R.. 1641 (Slater Road}, in
Morrisville, Wake County,; North Carolina.
Therefore, no additional work involving a discharge of dredged or fill
material into waters of the United States, including wetlands, may take place
on-your project without prior Department of the Army authorization. Please
note that any unauthorized fill activities in waters and/or wetlands will be
considered a willful and intentional violation of Federal law and may result
in a formal Cease and Desist Notice from our District Engineer as well as a
possible referral to the United States Attorney. If you have additional
regulated work to do on the site, we recommend that you consult with Mr.
Alsmeyer regarding permit requirements.
Questions or comments may be addressed to Mr. Alsmeyer, Raleigh Regulatory
Field Office, at telephone [phone], extension 23.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch

-2-
Copies Furnished:
Mr. Mike Coughlin
Environmental Engineer
Wake County Community
Development Services
Post Office Box 550
Raleigh, North Carolina 27602
Town of Morrisville
Attn.: Mr. Mike Allway
Community Development Director
Post Office Box 166
Morrisville, North Carolina 27560
. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
August 31, 1993
m Zmy rttrtr+ iv
Regulatory Branch
SEP 8 1993
WETLANDS GRT'Ji"
ATER QUALITY ?Action ID. 199303382 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
M.D. and Associates
c/o Mr. Charles Mosely
1128 Ivy Lane
Raleigh, North Carolina 27609
Dear Mr. Mosely:
Reference your application received July 27, 1993, for Department of the
Army authorization to discharge fill material within waters of the United
States, causing the loss of an additional 0.71 acre of wetlands, for a total
combined loss of 3.05 acres, adjacent, and above the headwaters of, an unnamed
tributary to Stirrup Iron Creek, in association with the commercial
development on a 13.69-acre tract on the south side of S.R. 3015 (Airport
Boulevard) at its intersection with S.R. 1641 (Slater Road), in Morrisville,
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 (NWP).
Authorization was provided, pursuant to Section 404 of the Clean Water Act,
for discharges of dredged or fill material into headwaters and isolated
waters.
Your work, causing the total loss of 3.05 acres of wetlands, is authorized
by this NWP provided it is accomplished in strict accordance with the enclosed
conditions and provided you receive a Section 401 water quality certification
from the North Carolina Division of Environmental Management. You should
contact Mr. John Dorney, telephone [phone], regarding water quality
certification. This NWP does not relieve you of the responsibility to obtain
other required State or local approval.
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 NWP authorization is reissued without modification or the activity
complies with any subsequent modification of the NWP authorization. If during
the 2 years, the NWP authorization expires or is suspended or revoked, or is
modified, such that the activity would no longer comply with the terms and
4•
-2-
conditions of the NWP, activities which have commenced (i.e., are under
construction) or are under contract to commence in reliance upon the NWP will
remain authorized provided the activity is completed within 12 months of the
date of the NWP's expiration, modification or revocation, unless discretionary
authority has been exercised on a case-by-case basis to modify, suspend, or
revoke the authorization.
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
Copies Furnished (without enclosure):
Mr. Mike Coughlin
Environmental Engineer
Wake County Community
Development Services
Post Office Box 550
Raleigh, North Carolina 27602
Town of Morrisville
Attn.: Mr. Mike Allway
Community Development Director
Post Office Box 166
Morrisville, North Carolina 27560
John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
DEM A ,, ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit ft
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engii
Nationwide permits that require application for Section 401
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
NC DEPARTMENT OF ENVIRONME
AND NATURAL RESOURCES
P.O. Bor. 29535
Raleigh, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone]
2 61993
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: _ 0, A 5 S O C, ? FAT ES
2. Owners Address: I / d-3 ru ct AA
3. Owners Phone Number (Home): ' Q I'r 8' 7,l-: - 7 ?-fl (Work): 9 / er - P 7 :1-0-1-'! j-,O
4. If Applicable: Agent's name or responsible corporate official, address, phone number.
5. Location of work (MUST ATTACH MAP). County: t ?J ig (,K_ L'
Nearest Town or City: 12 0 0- (Z I S () (Ll /U_ C_
Specific Location (Include road numbers, landmarks, etc.): 110, Z& Tb Z R=9/0 S7-1kaP
Z<it?E ,? C ff C- SS.n -1 e-e cnMe45L - T VzOo t- /Yit22?S ? L IM /7S
6. Name of Closest.Stream/River. 712c 14) I'Llal,2, the
7. River Basin: fil u!S Q a u 2
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 * NO I ]
If yes, explain. < :X f2C o CQillel
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project sit, L{?
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: _
Drained:
Flooded:
Excavated:
Total Impacted:

12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only):
IF4K.-
13. Purpose of proposed work: a B/1 / cry aIV7-® c14S 771 Rny APPfI-PrIlIZIL
r4 /Ys2'D!'?/1 ;?U/Gl?//Ur ?f?,SSTrL l/G!lDlJ?
14. State reasons why the api"licant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize..: yetland impacts.
„y
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service
(NMFS) regarding the presenc"r any Federally listed orproposed for listing endangered orthreatened species or critical
habitat in the permit area that may be affected by the proposed project. Have you done so? YES [?Q] NO [ ]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS. //
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presenc of historic
properties in the permit area which may be affected by the proposed project? Have you done so? YES rA NO [ ]
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
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? . 5 hivgpige 4r-,o-Z/1- 4, . 13or67 LS olvv r.%F?aICe-
F. If applicable, what is proposed method of sewage disposal? ('?l4 dG MOM-R-lSex6cg' !VC-
om,?'L Ou,_ 422 -3
Owner's Signature Q ) . Date
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F1 LE COPY
DIVISION OF ENVIRONMENTAL MANAGEMENT
RALEIGH REGIONAL OFFICE
March 13, 1990
M E M O R A N D U M
TO is Bill Mills
THROUGH Arthur Mouberry, P.E.
THROUGH Ar: Timothy L. Donnelly, P.E.
FROM Ron Ferrellx;;?!7?
SUBJECT 401 Water Quality Certification
Airport Blvd. Property
M.D. & Associates
Wake County
A revised proposal for the subject project was
submitted by Mr. Gary Mitchell of the John R. McAdams Co.,
Inc. on February 12, 1990. The revisions decreased the
amount of wetland fill and includes the conversion of an
upland area into wetlands. The staff of the Raleigh
Regional Office (RRO) recommends that a 401 Water Quality
Certification be issued for the subject project provided
that the applicant agrees to the following conditions:
1. No fill shall be placed beyond the floodway
boundary as shown on the Grading and Erosion
Control Plan submitted on February 12, 1990.
2. The toe of the fill slope shall be 10 feet from
the floodway boundary.
3. The fill slope will be at 3:1 (Run:Rise) maximum
slope.
4. All sediment pits and erosion control structures
shall be constructed outside the floodway
boundary.
5. Vegetation within floodway boundaries shall remain
in natural condition or planted with wetland
species that will improve the value of the
wetland. Any alteration to this area must be
approved by DEM.
Mills
=2-
6.
7.
The upland area designated on the Grading and
Erosion Control Plan dated February 12, 1990 will
be graded to wetland contours and stabilized with
appropriate wetland vegetation.;
The lots which result from thisproject must be
sold/leased with the provision that no additional
wetland fill will be permitted.'
8. A conservation easement must be',implemented that
will protect the floodway adjacent to the stream
and the converted wetlands adjacent to Stirrup
Iron Creek.
AM:RF:bas
f.JRAPv
DUM PRINT NAMESx:
Reviewer:
TO : John Dorn--y GAO S upv .
Planning Branch DATE; 3
SUBJECT: WETLAND STAFF REPORT AND RECOM114E'NDATIONS
***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) *I'*
PERMIT YR: 93 PERMIT NO: 0000639 COUNTY: I,TAKE
APPLICANT NAME: M. D. ASSOCIATES
PROJECT TYPE: COMMERCIAL FILL PERMIT TYPE: NW26
COE_#. DOT-#.
RCD_FROM_CDA: APP DATE_FRM_CDA: 07/26/193
REG_OFFICE: RRO RIVER_AND._SUB_BASIN_#:St-wr-p
d3 6?1
STREAM_CLASS : L' / j?t) STR_INL>EX_NO:
Z7- 33-y-Z

IMPACT?:OY/N
GJL WL
TYPE:B1/ J
_ _
STi? l 2 r9
WL_REQUESTED : 4 76 c?.trtA WL_ACR_EST? : (/Y?' ?N O ? '
N
WL
SCORE (#) : 7a.9? WATER IMPACTED BY FILL?: Y, rte
_
HYDRO_CNECT? : ?Y 'N MITIGATION?: Y/(q 0
MITI GAT ION-TYPE: lfleNCSIMWAI MITIGATION-SIZE: AM
C, c
IS WETLAND RATING SHEET ATTACHED?: Y/
RECOMMENDATION (Circle One): ISSUE ISSUE/COND
COMMENTS : /jA'! /lot//A/(? ?wS' 7??iV/? G. ??L?RS?/SC?S? Gvi rJ ?E,?GL CUAa ?fRs
?r 664 &10,6_ YJ fr1' T/ ki , rE?.T ?i?11 S /s A EsT , /Z ,Z? ISSUA?I C? G 641p ?f1?7o ?/.
%r n C6 ?tl?7Ti?nl ?/fls ?' ??vn174A15% &T , F &j AG'H?QCa -76 '604"3
rUo S1?i?ie PG?tls AS c/?9 ?o S?a? T?iIT' ? CE27A/? ,9C,?? ?E off' ?_/? is
??lt?£O F/GL ?s S/??G? 'T? Cc?v62R7? SAGE of
Regional Office
.Central Files
/?/? DoCQ ,ZEl9G MATE ?°/L / Carn/nC???.9? ?vR?osES,
/f?L 71?iS CP?E?' C?,4 N? S u?"2 fldi? i??Jv,?E l/?Oll GT-S ?iSf/ S€Bitl
b04Mf S/TE 111,r17- UA &,e LdZu Flea/ (h '1P1r/dNS
/F ye)d &66V C60637 dam' ;yST ?O/ CE?.?/?A7%r??t/ e/L sT? R vle Or
?GErSLr? GdN?s??l ??

5
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r>;. esq.:
1
Wetland area ?G acres Wetland. width_ /-? 2?0 feet
Nearest road

wetland type (select one) o Other
• o Swamp forest o Shoreline "
??/?
?1 Bottomland hardwood forest &1J 1 41"4a4l&. f o Stream channel ;
• o Carolina bay o Salt marsh •
' o Pocosin o Brackish marsh °
o Pine savannah o Freshwater marsh
• o Wet flat o Bog/Fen •
o Perched o Vernal pool
••••r••.•.••?••?••••••??•S
m?•••??? ?•???•••?????•?••????••?
u •
Water storage

-
stabilization x 4
Bank/Shoreline
00
.
Pollutant removal

Sensitive watershed
x 1.50
?
Wetlancl score
Dispersal corridor ... ..

Special ecological attributes
Wildlife habitat ..... x 1.50

Aquatic life value

Recreation/Education Z '
Economic value

0 Hydrologically connected o Hydrologically Isolated ;

MEMO
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DATE: R
SUBJECT:
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Noah Carolina uepdrrment o Environmenr,
He , I[atui I Resources ?q printed on Re led Paper
FILE COPY
DIVISION OF ENVIRONMENTAL MANAGEMENT
Raleigh Regional Office
February 7, 1990
%mLffnn A 1"My s
TO: Bill Mills
THROUGH: Arthur Mouberry, P.E.
THROUGH• Tim Donnelly, P.E. /
FROM: Ron Ferrell
SUBJECT: 401 Water Quality Certification
Airport Road Property
M.D. & Associates
Wake County
The material submitted with the subject application has been reviewed and
a site inspection was conducted on January 31 and February 2, 1990. The
Raleigh Regional Office recommends that the water quality certification for
this project be denied for the following reasons:
1. The proposed fill will, eliminate the floodway on the north side of
the UT to Stirrup Iron Creek. A large portion of the floodway is
presently inundated due to the presence of beaver dams on the UT.
2. Stormwater;runoff from Perimeter Park and Days Inn flows into the
UT. Elimination of the wetlands may result in increased flows and
degradation of water quality in the UT.
3. Stirrup Iron Creek flows into Lake Crabtree therefore degradation of
water quality in the UT may impact Lake Crabtree.
4. The wetland is presently being utilized by deer, beaver, amphibians,
and numerous species of birds including Kingfisher.
5. This property is part of a wildlife corridor which extends from a
flood control lake approximately 3000 feet upstream to Stirrup Iron
Creek and eventually to Lake Crabtree. This corridor is interrupted
only by SR 30015 and SR 1002.
AM:TLD:RF:ga
**P- Z
/r. Gary Mitchell
March 28, 1990
Page- Two
6. The upland area designated on.the Grading and Erosion
Control Plan dated February 12, 1990 will be graded to
wetland' contours and stabilized with appropriate.wetland
vegetation.`
7. The lots which result from this project must be
sold/leased with the provision that no additional
wetland `fill will 'be permitted.
8-. A conservation easement must be implemented-that will
protect. the f loodway adjacent to the_ stream and the
converted wetlands adjacent to Stirrup Iron Creek.
A copy of the General. C.ertification is attached for:your
information. This Certification may be used in qualifying for
coverage under Corps of Engineers' Nationwide Permit No. 26.
If you have any questions regarding this matter, please
contact Bill Mills at 919-733-5083.
Sincerely,
GTE/BM/kls
Mitchell.ltr/D-2
Attachment
cc: District Corps of Engineers
elmington leigh Regional Office

George T. Everett