HomeMy WebLinkAbout19970654 Ver 1_COMPLETE FILE_19970728State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor 91 i t A??
Wayne McDevitt, Secretary
H N
A. Preston Howard, Jr., P.E., Director ID F=1
September 3, 1997
Wake County
DWQ Project # 970654
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Bob Barker
Bob Barker Co., Inc.
118 E. Jones Street
Fuquay-Varina, NC 27526
Dear Mr. Barker.
You have our approval, in accordance with the attached conditions and those listed below, to pldc`et
material in an additional 0.587 (total of 0.987 acres) acres of wetlands or waters for the purpose of
constructing a warehouse at Caliber Logistics Facility, as you described in your application dated 22 July
1997. After reviewing your application, we have decided that this fill is covered by General Water Quality
Certification Number 3108. This certification allows you to use Nationwide Permit Number 26 when it is
issued by the Corps of Engineers. In addition, you should get any other federal, state or local permits
before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal
Stormwater, Non-Discharge and Water Supply Watershed regulations. This approval will expire when the
accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application except as
modified below. If you change your project, you must notify us and you may be required to send us a new
application. If total wetland fills for this project (now or in the future) exceed one acre, compensatory
mitigation may be required as described in 15A NCAC 2H.0506 (h) (6) and (7). For this approval to be
valid, you must follow the conditions listed in the attached certification and any additional conditions listed
below. Deed restrictions, conservation easements or similar mechanisms shall be placed in all lots with
remaining jurisdictional wetlands and waters to restrict future wetland and/or water impact. These
mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit
(whichever is later). An additional condition is that a final, written stormwater plan including a wet
detention basin must be approved by DWQ before wetland (or stream) impacts occur. This pond shall also
treat the existing runoff entering the wetland since this filtration is the existing use which must be
maintained. The pond or stormwater shall discharge into the remaining wetland on site to maintain its uses.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a
written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Dorney at 919-733-1786.
Sincerely,
l?
n o d, Jr.
Attachment
cc: Wilmington District Corps of Enginee
Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
Mr. John Dorney
Central Files
Ray Cox
Mark Davis; Tye, Spotts and Davis
970654.1tr
Division of Water Quality - Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX 0 733-9959
An Equal opportunity Affirmative Action Empioyer • 50% recycled10% post consumer paper
PRINT NAMES :
Reviewer:
1EMORANDUM
a WQ SUPV .: RECEIVED
"0: JOHN DORNEY DATE:
ENVIRONMENTAL SCIENCES BRANCH AUG 2 7IW7j
;UBJECT : WETLAND STAFF REPORT AND RECOMMENDATIONS ?NVfRO??DAENTAI.SCIENCES
-. CH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) ?•"" **EACH ITEM MUST BE ANSWERED (USE
COUNTY: WAS
PERMIT YR: 97 PERMIT N0: 00006K DAVIS
PERMIT TYPE: DTW26
APPLICANT NAME: BOB BARBER CO., INC. - MAR
PROJECT TYPE: COMMERCIAL DOT_jk:
COE jf: I DATE_FRM_CDA: 07/28/97
RCD_FROM_CDA: APP
REG_OFFICE: W
STR_INDEX N0: 18-31-19-1
RIVER AND_SUB_BASINJ: 0306
STREAM-CLASS- C G?
WL TYPE
WL IMPACT?: Y/N
WL_ACR. EST? : &N
WL REQUESTED : <<jL6
WL WATER IMPACTED BY FILL?: Y to
l
()=
_SCORE MITIGATION-TYPE: ??
MITIGATION?: Y16) N_SIZE: /f A DID YOU REQUEST MORE INFO?: Y/V
MITIGATIO _
IS WETLAND RATING SHEET ATTACHED? • Y 0
ONS BEEN DISCUSSED WITH APPLICANT?: Y/
HAVE PROJECT CHANGES/CONDITI
RECOMMENDATION (Circle One): ISSUE ISSUE/ N DENY
C1
cc, Regional office
Central Files
c
J•
MEMORANDUM
To : John Dorney
Through
From
Judy Garrett
Raleigh Regional Office
August 18, 1997
Danny Smith
Subject
Bob Barker Co., Inc.
Commercial
NW-26
Wake County
The subject wetlands is a common first order Sandhills stream, where the creek
channel and the area immediately adjacent is densely vegetated. This isAdue to the
dramatic change of moisture and organic matter content of the soils which results in a
clear demarcation of the vegetation (ecotone). (yes there are Sandhills
communities/geomorphology in Wake County).
Arundinaria gigantea, Liriodendron tulipifera, Acer rubrum, Woodwarida areolata,
Sphagnum , L. racemosa, were prominent.
With respect to my understanding of the Division current stream policy the RRO will not
recommend stream mitigation for this site.
This office recommends issuance of this Certification with the following stipulations:
-Mr. Mark Davis proposes to treat all on site stormwater in a stormwater pond which is
designed to the Stormwater Group's guidelines. Further, all of the out-falls (both off
site and on site stormwater) to the streams are proposed outside of the wetland areas
with dissipators. Please consider putting this information as conditions of the 401
Certification.
-Please consider -off site stormwater is being routed around the stormwater pond. Is
this satisfactory per current DWQ policy 7
-Deed restriction language...
roject name
County
Name of evaluator
Nearest road
ind area acres Wetland wid
- Date
r
eet
R Iac' i
'The rating system cannot be applied to salt or brackish marshes or s-cream channels
weight %
Water storage x 4.00
Wetland Score ;
Eank/Shoreline stabilization x 4.00
Pollutant removal x 5.00
Wildlife habitat x 2.00
Aquatic life value / x 4.00 = <>»::> - ;
Recreation/Education x 1.00
' Add 1 point if in sensitive wat=ershed and > 1076 nonpoint disturbance within 1/2 mile upstream, upslooe, or radius
9'70654
DEM ID' CORPS ACTION ID!
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT Ik):
PRE-CONSTRUCTION NOTIFICATION APPL
JuL2 81987
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO TSZ CORPS OF ENGINEERS
DIVISION 2) APPLICATION FOR SICTIONC401 CZATIrIFATIO"l?I. lANA
3) COORDINATION WITH THE
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO TkES SHEAPPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE (1) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS-NAME:
2. MAILING ADDRESS: I I t' J???? ?r.
SUBDIVISION NAME:
ZIP CODE: 272 (O
CITY: VaQltJ/?- STATE: KiC -
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE):
2G cur w?c Kam. _-
3. TELEPHONE NUMBER (HOME):
- Av2- tJ
(WORK) : ,?/ 2 - X52- 3431
4. IF APPLICABLE: AGENT'S N OR RESPONSIBLE CORPORA OFFICIAL, ADDRESS,
' 2? /S c
PHONE NUMBER:
SPd S V /s
4G DAB ?2
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PH4?KGRAPHY WITH SCALE) NEAREST TOWN OR CITY: COUNTY :
1
ZO'd 84sZi Z661'6Z'19 AMOltlln938 H9I31US WOM3
SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.):
62,J
/7724(f T IS ?c o,
o, (/c 5-k 13d/) XAP1oxis
?/2 M l (.C,? Dc)1/7 9)5 ? /??G-?ZfG -01771 N651:2 27CoS?
6. IMPACTED OR NEAREST STREAM/RIVER:LA
RIVER BASIN: CAGC-
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATWATER
OR I WS-11)7 YES (HQ W), )) ovNsO TANDiNIF RYESUR EXPLAIN: (oRW),
(WS-4QUALITY
SUPPLY HIGH
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC) ? YES ( ] NO Vq
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR
LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
WIA,
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES [ ] NO D4 IF YES, PROVIDE ACTION I.D. NUMBER OF
PREVIOUS PERMIT AND ANY ADDIT ONAL IIN (INCLUDE PHOTOCOPY OF 401???T
CERTIFICATION): u5 50 K
?j`( ?i?l.l CAl-1`(, -- S6? QfT?i c?? ?? G-?TZ71??GAY I c??.?S
8b. ARE ADDITIONAL PE IT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [ ] NO IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: ??•(o0/,OcQE?
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
e 9l-6¢ ,oc.-6-s
2
E0'd 64:Z1 G661-6Z-10 A8Olbin93M H913188 W083
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: ?So?IA? EXCAVATION:
?o.,/ o 0 JA c elj`/ Prro??r
OTHER: SC ?E12 C 425.5;16L4 - o. 00.3 Qr4ES•
FLOODING:
TOTAL ACRES TO BE IMPACTED : 4- 5"b7 ACgcS
DRAINAGE:
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION): rep
LENGTH BEFORE: FT AFTER:
WIDTH BEFORE (based on normal high water contours): FT
FT
WIDTH AFTER:
AVERAGE DEPTH BEFORE: FT AFTER: FT
(2) ?;CR CHA".NEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION:
OTHER:
CONSTRUCTION OF A DAM/FLOODING:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT JS HE SIZE O THE
WATERSHED DRAINING TO THE POND?
p,2 3l Ae-- ¢,5-5
WHAT IS THE EXPECTED'POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS
ONLY) : C=+¢A'?7?-?'?--
1
Goy-s??f"?>C.?(I ?,J o?v
A,..31=> SGT QGTZ- S W I
?? VJ D ?Li?-3r? l1 S
;' k U S G'>
C' eXCAJAra
?o ?'5 00 I -L c? H- 4 _ \_) 0 2 Zd "F-1 w \c a j LA 1-) \W ? L-DW- V 10 y
13. PURPOSE OF PROPOSED WORK:
O? rjlS 21?U ??? t
3
1P0'd 662ZI L661*6Z'I0 A8Oltl1n938 HDI3188 WOMB
14. THAT TH S ACT MUST BE OUT INTWETLANDS REASONS(WHY TAKENITO MINIMIZE WETLANDCARRIED
IMPACTS):
-(o S1 ZG of- T '-AU LEI n( 4 J Q A-17c A-r) orJ oF-
_ 11c J/G? -S ?, A ?1 T?2 0c ep vi 0 ? `S 1?2 ???T Y
4?L'?LA?1?S ? i ?. mac- iN1'P??T? I r?1 P Air A??? ?o,ss ?sTS ?.?? ???
s;-p? ?,? ??
14)
15. YOU'ARE REQUIRED TO CONTACT THE U ,S,:-"FISH AND WILDLIFE SERVICE ,?Io? ?Kc
(USFWS) AND/OR-VATIONAL MARINE FISIIERfES SERVICE (NMFS) (SEE AGENCY t' fZv
ADDRESSES SHEET)-REGARDING T PRESENCE OF ANY FEDERALLY LISTED OR
PROPOSED FOR LISTING'ENDMGE ED OR THREATENED SPECIES OR CRITICAL HABITAT
IN THE PERMIT AREA Tl -MAY-BE•-AFFECTED BY THE PROPOSED PROJECT- DATE
CONTACTED: (ATTACH RESPONSES
FROM THESE AGE$(nES. ) --
16. YOU RRE -REQUIRED TO CONTACT- THE STATE HISTO_RIQ...QRESERVATION- OFFICER ?((/? j
(SHPO) (SEE AGENCY- ADDRESSES.. SHEET) -REGARDING'.THE- PRESENCE OF HISTORIC
PROPERTIES-•IN-TfiE PERMIT AREA WHICH MAY BE AFFECTED BY THE--PROPOSED
PROJECT. DATE CONTACTED:
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES H NO W (IF NO, GO TO 18)
THEPREPARATION
a. IF YES, DOES
CAROLINA ENVIRONMENTAL
THEEREPROJECT QU REMENTSREQUIRE
DOCUMENT PURSUANT
POLICY ACT?
YES [ ] NO [ I
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [ ) NO [
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLIT27603o8003MITELEPHONEN(919) WEST JONES STREET, RALEIGH,
NORTH CAROLINA
4
S0'd 6 4:Z1 Z661-6Z-10 A801uln938 H913188 W08A
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL
INTO WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES
AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26,
29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY
MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1
INCH EQUALS 100 FEET OR THEIR EQUIVALENT.
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. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY?
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
c, cza J ? ( 5"f2- T. 92-1 Ale W--T -19
'Fv;F;'V? c- M
9. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR-TO:
1) ISSUANCE OF.A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF
ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM.
-2- 2
'S/AGENT'S SIGNATURE DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
5
90'd 0S1ZI 2661*6Z'I0 ANOLUTA938 H9I31U8 WOad
/-24-97 04:46P Bob J3,,arker- Company 5574513 P_01
. 61% e?l
OB BARKE
C O M P A N Y I N C.
?0. Boa 429 Fugmy-%%ria^. NC 27526.0429 Pbo-; (919) 552-3431 Fax.-(919)552-1933
February 24, 1997
Mr. Eric Alwicycr
U. S. Army Corps of Ens;Uwers
11413 Falls of the Ncusc Road
Wake Forest, NC 27597
Dear Mr. Alsaleyer.
The Bob Barka Compeuy, Inc. a lftrizcs Tye, Spotts & Davis, PC and its princ4uts to act as our agents
in the taattcr of the developtacnt of our property on Purfoy Road. in Fuq'nyVarim, NC..
Sincerely.
L'a
J. Barict?
President
jAPR 23 '97 03:50PM SUIT,,TT? CONSTRUCTION
-23-97 03x15P Bob ?!rker Company
State of North Carolina
epan d Nam Environment, Resources
Health
DivEsion of water Quality
James 8. Nunt. jr.. Govemor
Jonathan B. Howes. Secref ary
A. Preston MowArd, Jr.. P.E..01ractor
55 i;013
F. Z/:3
DEHNR
April 14.1997
DWI ?Wj? 4 970161
APPROVAL of 401 Water Qualit7 Ctrtlt9cadoo and "ADDmONAL CONDI'T'IONS
Bob Bad= CO-. Inc.
118 Mosus Sm"
Fa4uay Vubw NC 27526
Draw Sires
to w=&= widt die atmchod condidow and lose lisrad below, to placc fill
haA our approval of s ManufaCUS&S facility at SR 1301
you
taataiai in O ernes of wedands or wow fat you dMAcd In your ? d? 21 P h%VY 1997. Attar PrA*wi%' 7=
aMlRaa% ?? a9 pplieadoe+. wa Aarst<aocidod that d* Bn fs cor*4 by ocacog ? Wa?6.nt fl Qeawlit isigy Citt0ed by rite NumbCosPsec. of 5106.
'Ills coon ms's you to are Nationwide Perm
snAj W VOW is only V" for the purpose and drip that you y?? be your ticadon except as
od to Mad ti new
modified below. If you change year project, you nsusr notify us od d elan acre, ootnpeasatury
application. If total wetland fills for this Projoet (now or in dw future) oscca approval to be
midpdon may be required as dcaaibed in 1 SA NCAC 211.0506 (h) (6) and (7)• For this mpproyl t Bared
valid,. you most follow the conditions l stud is the aaached cadficafion and any addalond weirs as diseasaod in ua listd on
the
below. A smemwow uw age plan ho°? a dry detention ponds and
10 Apra 1997 with Mr. Matt Davis. This pica Amn be submiscd to DWQ for ? before
wetlands otr
wetlAAds sM filled. A dead mulcdon of ccnamvItim anxtnent d a be placed edam you
the site io pmvent future 811. In addidoa, you should get any odsot federal. cute or local perms (but wt hmiwd so) Se&ment and Fwasion control. Coastal Statmwe r.
pmjwt atts Supply including w4uladoos., This approval will e? when the accompanying
Nogon- ahead ?t with ?Be your
and W W
l Cemficadoa. '
404 of CAMA permit e3lorcs units otherwise s fs? in the General
V you do not accept my of the conditions of this cartificatim yo may ask f°t an aQlseAdudlea a taG? wdbeg bearing.
You must act widest 60 days of the date that you tocdve this ldter. To &A for a hewing.
1508 of the North Carolina General Statutes to the Oiice of
Admial whde in to a h. N.C. 27611-7441. TW certification and its conditions
?l??tiv e Heirings. P.0- Box 27447, Raleigh,
are fatal and bindint unless you ask for a having. under Section 401 of the Cyr Water
'Irits lean wmpletai the tevtow of dw 7°°f?rr Quality under 33-1786- '
A4t. If you have any goesdons, plate • ''
AttscbMCMA
oc t>ttm District Corps of 1?ntiuem
Field Office
C4rps DW Rgoo O&e
Mr. Iota DoMeY
Ccnkal Files
• S Y.
IY°w t. P
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1
970161.1tr
P.O1
Ofv1610n of Water Qualky - Envirottttl MI Sdences Branch
EnvjM"ntal Sclencea t3mnch, 44ot Reedy croak Rd.. Raleigh, NC 27 607 TalaphoM912- 9p?r FAX 9 733.0930
An Equal Opportunity A(firmativa Actbn Emc+loYar ' W% racyclad/1 o% post consumer
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NORTH FUQUAY-VARINA, N.C.
143530-W7845/7.5 N.C.
1974
QUADRANGLE LOCATION
PHOTOREMSED 1981
DMA 5255 III SE-SERIES V842
NOTE: SITE LOCATION IS APPROXIMATE.
CONTOUR INTERVAL 10 FEET
GRAPHIC SCALE FEET
2000 1000 0 2000 4000
PROJECT LOCATION MAP
CALIBER LOGISTICS DISTRIBUTION FACILITY
FOR THE BOB BARKER COMPANY, INC.
FUQUAY-VARINA, NC
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LAW
ENGINEERING AND ENVIRONMENTAL SERVICES
RESULTS OF WETLANDS DELINEATION
BOB BARKER DELINEATION SITE
FUQUAY-VARINA, NORTH CAROLINA
Prepared For:
Bob Barker Company, Inc.
P.O. Box 429
Fuquay-Varina, North Carolina 27526-0429
Prepared By:
Law Engineering and Environmental Services, Inc.
3301 Atlantic Avenue
Raleigh, North Carolina 27604
November 1996
LAW JOB NO. 30741-6-1786
r
M
LAW
ENGINEERING AND ENVIRONMENTAL SERVICES. INC
November I, 1996
Mr. Robert Barker, Jr.
Bob Barker Company, Inc.
P.O. Box 429
Fuquay-Varina, North Carolina 27526-0429
Subject:
Dear Mr. Barker:
Results of Wetlands Delineation
Bob Barker Delineation Site
Fuquay-Varina, North Carolina
LAW Project No. 30741-6-1786
Law Engineering and Environmental Services, Inc. (LAW) is pleased to submit this report concerning the
jurisdictional waters/wetlands delineation on an estimated 50-acre site located in Fuquay-Varina, Wake
County, North Carolina. This report documents the methodology used to assess approximate jurisdictional
boundaries, the results of our studies and our conclusions concerning the permitting requirements under
Section 404 of the Clean Water Act (13 U.S.C.1344).
WATERS OF THE U.S./WETLANDS DELINEATION AND FINDINGS
Background and Methodology
t % LAW was contracted to conduct an approximate delineation of the jurisdictional boundaries of wetlands and
waters of the U.S. on the estimated 50-acre Bob Barker site located southeast of Fuquay-Varina, North
Carolina. The site is bordered to the west by North Carolina Secondary Road (S.R.) 1301 (Purfoy Road), and
on the north, east, and south by neighboring property owners (Drawing l.l). No other areas besides those
described above are subject to the Scope-of-Serv ices, including delineation and reporting.
Jurisdictional wetlands are defined by 33 CFR Part 328.3(b) and are protected by Section 404 of the Clean
Water Act (33 USC 1344), which is administered and enforced in North Carolina by the U.S. Army Corps of
3301 ATLANTIC AVENUE - RALEIGH, NC 27604
R 0. BOX 18288 - RALEIGH, NC 27619
(919) 8760416 - FAX (919) 8723253
I , 1996
Bob Barker Delineation November 1
1AW Project No. 30741-6-1786 Page 2
i&?
Engineers (USACE), Wilmington District. Jurisdictional wetlands are defined in the field as areas that have
positive evidence of the following three environmental parameters:
• Hydrophytic vegetation
• Hydric soils
• Wetland hydrology
Wetlands on the subject property were determined using the Routine On-Site Determination Method as
defined in the Corps of Engineers Wetlands Delineation Manual. The wetland delineation was conducted
on October 30, 1996, by Mr. Wayne Wilkinson, Senior Environmental Geologist, and Mr. Martin Korenek,
Staff Ecologist.
Observations of the soil, vegetation, and hydrology were made on the study area in order to make
appropriate wetland/upland delineations. Potential wetland boundaries were estimated over the site
(Drawing 1.2). The wetland boundaries are subject to change following verification by the USACE, if
required. The drawings of these approximate wetland boundaries are intended for preliminary planning
purposes only.
I Findings
Jurisdictional areas observed on the subject site consist of jurisdictional waters of the U.S., including
wetlands. The northern, eastern and southern boundaries of the site had been surveyed, and the western
boundary of the site parallels Purfoy Road. The wetland delineation was performed over the entire site
(Drawing 1.2). The wetland areas were identified with a letter designation in order of occurrence on the site
from the south to the north (Drawing 1.2). Six wetland determination data points were also taken from
various locations across the site (Drawing 1.2).
The northwestern and northern-central portion of the site consisted of agricultural fields, while the northern
and eastern portions of the site consisted of forested land which sloped generally eastward toward two ponds,
a fallow, agricultural field, and a swamp. The central portion of the site consisted of forested land, which
drained much of the site from west to east toward a second swamp. The southern portion of the site
consisted of forested land, which was drained northeastward toward the second swamp. The northeastern,
central and southeastern areas of the site have small, intermittent streams in which runoff water flows
r Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual. U.S. Army Corps of
Engineers, Washington, D.C. pp. 100 and Appendices
Bob Barker Definealion November 1, 1996
LAW Project No. 30 741-6-1 786 Page 3
generally eastward toward the swamps (Drawing 1.2). The central portion of the site also receives runoff
water from the adjacent property located west of Purfoy Road by means of a culvert, which is located
beneath Purfoy Road. Jurisdictional areas in the northeast, southeast and central areas of the site include the
intermittent streams and the forested alluvial wetland areas associated with the streams (Drawing 1.2).
r The northern, southern and central wetland areas continue generally eastward along the three unnamed
intermittent streams to where they flow into the swamps. One swamp is located in the northeast corner of the
subject site, at the junction of the northern and eastern site boundaries. The second swamp is located several
hundred feet south of the first swamp, on the eastern boundary of the site. The topographic map indicates
that the two swamps flow towards an unnamed pond located approximately 700 feet east of the subject site.
The swamps are considered jurisdictional and are subject to Section 404 of the Clean Water Act (33 U.S.C.
1344) rules and regulations. The wetland sections north, west and south of the swamps include forested
alluvial wetland areas on each side of, and adjacent to, the streams. There are two ponds also located in the
northern/central section of the site, both of which initially drain eastward, and then also southeastward,
' towards both swamps (Drawing 1.2).
r The U.S. Department of Agriculture Soil Conservation Service Wake County Soil Survey indicates that
upland and hydric soils are found on the subject site, with hydric soils limited to the floodplains of streams
I and other areas in which frequent wetness and surface ponding are prevalent. Soils observed on the site
ranged from upland soils to State-listed hydric soils. The upland soils were observed to be located on the
' higher portions of the site and the hydric soils were observed in the lower-lying, drainage areas of the site.
The wetland areas identified on the site have hydric soils that appear to be either flooded, or saturated at or
near the surface for long periods during the growing season. The 1995 Fuquay-Varina National Wetlands
Inventory map indicates that the northernmost swamp is an area which is permanently flooded and is mapped
as wetlands.
The total area of jurisdictional waters of the U.S., including wetlands, on the Barker site is field estimated to
be approximately seven acres, much of which is linear, crossing the site generally from west to east in the
northern, central and southern portions of the site (Drawing 1.2).
Regulatory Considerations/Development Implications
Depending on the type and extent of waters to be impacted, wetland permitting requirements can range from
activities that are considered exempt or preauthorized, to those requiring pre-discharge notification (PDN)
for a Nationwide Permit (NWP) or requiring a Section 404 Individual Permit from the USACE. Wetland
permitting requirements are generally based on the acreage of impact; however, adjacent streams that
directly influence the wetlands in question are also considered.
Bob Barker Delineation November 1, 1996
LAW Project No. 30741-6-1786 Page 4
Activity involving the impact of jurisdictional waters on this site may be permissible under Nationwide
Permit No. 26 in 33 CFR Part 330, Appendix A, which is applicable to project impacts of less than 10 acres
of waters and/or wetlands above the headwaters (less than five cubic feet per second average annual flow).
Nationwide Permit No. 26 authorizes minor discharges of dredged or fill material into isolated or headwater
waters of the U.S., including wetlands. If the jurisdictional areas to be impacted are considered below the
headwaters and/or the total impact area above the headwaters totals more than 10 acres, then an individual
Section 404 Permit would be required for the proposed development. Wetlands observed on the site appear
to be located adjacent to "above the headwaters" streams and would be applicable for NWP 26 permitting.
If there are freshwater wetland impacts exceeding one-third of an acre under NWP 26, then the project will
require a PDN submittal for the proposed impacts. The PDN may require you to address the following
concerns: presence of a protected species, presence of significant cultural resources, and possible wetland
mitigation planning to off-set wetland losses. All activities conducted under the Nationwide Permit program
I must comply with the General Conditions listed under 33 CFR Part 330, Appendix A, Section C (attached).
Permitting under Section 404 of the Clean Water Act may require coordination with interested agencies
including, but not limited, to the USACE, U.S. Fish and Wildlife Service, N.C. Department of Environment,
M Health, and Natural Resources, and the U.S. Environmental Protection Agency.
Recommendations
After the jurisdictional boundaries have been verified by the USACE, a metes-and-bounds survey should be
conducted by you to determine the areal extent of the jurisdictional waters on the project site. We shall
review the surveyed wetland map and forward it to the Wilmington District USACE for their final written
verification. We recommend verification of the jurisdictional boundaries by the USACE prior to initiating
filling, construction, mechanized landclearing, or any other impacts on the site. The USACE verification
will provide appropriate documentation for your files concerning the area of jurisdictional waters/wetlands to
be impacted.
Based on our findings from this preliminary study, filling of wetlands shown on our field map could
potentially be conducted within the limits set forth by Nationwide Permit 26, as long as the conditions of the
permit are observed. Please note that this conclusion does not consider floodway or floodplain fill
restrictions or any other restrictions as mandated by local ordinance, State or Federal regulation. The
findings of our study are only applicable to the dates of our field investigation.
r
r
r
r
M
r
r
Bob Barker Delineation November 1, 1996
LAW Project No. 30741-6-1786 Page 5
Conclusion
We appreciate the opportunity to conduct these environmental services for the Bob Barker Company. Please
contact Mr. Wayne V. Wilkinson at 919/876-0416 if you have any questions concerning this project.
Sincerely,
LAW ENGINEERING AND ENVIRONMENTAL SERVICES, INC.
Wayne V. Wilkinson, L.G. Allen W. o el,
Senior Environmental Geologist Principal Environmental Scientist
Enclosures: Drawings 1.1 and 1.2
NWP Conditions
N
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08/13/97 15:40
T7u
ofs
101Daids
4C Oak Branch Drive
Greensboro, NC 27407
Phone 910-218-8282
$910 218 8010
FACSIMILE TRANSMITTAL
From Fax Number: (910) 218-8010
Date: August 13, 1997
To: Mr. Danny Smith
Company: NCDEHNR - Water Quality Section
Fax No.: 919-571-4718 Phone No.
Number ofpages (including this cover sheet): 4
Project Name: Caliber Logistics
Project No.: 96-041-001
Documents Attached: Stormwater Management Pond
Copies:
919-571-4700
Q001/004
Sincerely: _xk1cwek,, Z2??
Mark J. Davis, P.E.
Principal
08/13/97 15:41 V910 218 8010
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-1EMORANDUM
C0: JOHN DORNEY
ENVIRONMENTAL SCIENCES BRANCH
J i
PRINT NAMES:
Reviewer:
WQ SUPV.:
DATE:
;UBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) ;;**
PERMIT YR: 97 PERMIT NO: 0000654 COUNTY: WAKE
APPLICANT NAME: BOB BARKER CO., INC. - MARK DAVIS
PROJECT TYPE: COMMERCIAL PERMIT TYPE: NW26
COE #: DOT #:
RCD FROM_CDA: APP DATE__FRM_CDA: 07/28/97
REG_OFFICE : RRD
ZIVER AND SUB BASIN #: 0306
STREAM CLASS: C
WL_IMPACT?: Y/N
WL_REQUESTED :
WL_SCORE (#) :
MITIGATION?: Y/?
STR INDEX N0: 18-31-19-1
WL TYPE .
WL_-ACR _EST? : C-Y)N
WATER IMPACTED BY FILL?: Y
MITIGATION TYPE: /v
MITIGATION-.-SIZE: /V DID YOU REQUEST MORE INFO?: Y/9
IS WETLAND RATING SHEET ATTACHED? uy 0
HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?: Y/
RECOMMENDATION (Circle One): ISSUE ISSUE/n DENY
C?
5
:c: Regional Office
Central Files
Raleigh Regional Office
August 18, 1997
MEMORANDUM
To : John Dorney
Through Judy Garrett
From Danny Smith P"K,'
Subject : Bob Barker Co., Inc.
Commercial
NW-26
Wake County
The subject wetlands is a common first order Sandhills stream, where the creek
channel and the area immediately adjacent is densely vegetated. This is.?due to the
dramatic change of moisture and organic matter content of the soils which results in a
clear demarcation of the vegetation (ecotone). (yes there are Sandhills
communities/geomorphology in Wake County).
Arundinaria gigantea, Liriodendron tulipifera, Acer rubrum, Woodwarida areolata,
Sphagnum , L, racemosa, were prominent.
With respect to my understanding of the Division current stream policy the RRO will not
recommend stream mitigation for this site.
This office recommends issuance of this Certification with the following stipulations:
-Mr. Mark Davis proposes to treat all on site stormwater in a stormwater pond which is
designed to the Stormwater Group's guidelines. Further, all of the out-falls (both off
site and on site stormwater) to the streams are proposed outside of the wetland areas
with dissipators. Please consider putting this information as conditions of the 401
Certification.
-Please consider -off site stormwater is being routed around the stormwater pond. Is
this satisfactory per current DWQ policy
-Deed restriction language...
!4l?al
weight
Water storaae x 4.00 = ;>
' Wetland Sc
Bank/Shoreline stabilization x 4.00
Pollutant removal x 5.00 =
Wildlife habitat 2
x
.00
?-
Aquatic life value 1
x 4
00
.
Recreation/Education
x 1.00
'Add 1 point if in sensitive watershed and > 10% nonpoint disturbance within 1 /2 mile upstre am, upslope, or ra
0
u9
SPOtts
E But
4C Oak Branch Drive
Greensboro, NC 27407
Phone 910-218-8282
Fax 910-218-8010
TRANSMITTAL LE
Date: July 22, 1997
To: Mr. Eric Alsmeyer
U.S. Army Corps of Engineers
11413 Falls of the Neuse Rd.
Wake Forest, NC 27587
JUL 1 8 1997
Project: Caliber Logistics Facility for the Project No.: 96-041-001
Bob Barker Co.
Fuquay-Varina, NC
We Transmit:
( x ) herewith
( ) under separate cover
The Following:
Copies Date
2 July 22, 1997
Remarks:
For Your:
( x) approval
( ) review & comment
( ) use
Description
Pre-Construction Notification Application
Copies: John Dorney - NCDEM (7 copies)
Sincerely,
a?
By: _ GW_k%j_..
Mark J. Davis, P.E.
Principal
9'70654
DEM ID: CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT I():
PRE-CONSTRUCTION NOTIFICATION AP
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO TIM CORPS OF ENGINEERS
2) APPLICATION roR SECTION 401 CERTIFICATION
3) COORDINATION WITH TEE NC DIVISION OF COASTAL
JUL z 091 SEND THE ORIGINAL AND (1) COPY OF THIS COLLETED FORM TO THE APPROPRIATE
T). SEVEN
FIELD OFFICE OF THE CORPS THEZNECRSDI(SEE VISIONEOFYENADDRESSES '??I ONMENTAL EMANAGEMENT
(7) COPIES SHOULD BE SENT TO
PLEASE PRI T.
(SEE AGENCY ADDRESSES SHEET).
1. OWNERS NAME:
2. MAILING ADDRESS: CITY: J?voY' 421tJA- STATE:
PROJECT LOCATION ADDRESS,
MAILING ADDRESS ABOVE):
SUBDIVISION NAME:
ZIP CODE:
IN SUBDIVISION NAME (IF DIFFERENT FROM
3. TELEPHONE NUMBER (HOME):
(WORK) : ,?l 9 - X52 331
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
SPd S '( ?A v/s
,?CG OAS t?"&fc0 /,-)/2
lfc 12
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PH TOGRAPHY WITH SCALE)iVEAREST TOWN OR CITY: d ' '4'?
COUNTY :
1
Z0'd 84sZI Z661.6Z'10 AMOiuinS38 H9I31US W081
SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.):
v,J 7W-t &--AS
/?72.4G T /S Groc O
/Jcn r4L,? lv i?? NGS2 2 ?s?
,?L,Ocle-
6. IMPACTED OR NEAREST STREAM/RIVER: t
RIVER BASIN: GAGC
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER ATER
(SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW),
SUPPLY (WS-I OR WS-II)? YES [ ] NO PQ IF YES, EXPLAIN:
7b. zS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES ( ) NO P.
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR
LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
w 1A
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES [ ] NO ; IF YES, PROVIDE ACTION I.D. NUMBER OF
PREVIOUS PERMIT AND ANY ADDITI0AL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION) : C6 1 YJ.dj `` f5o-kI'r(? f-°2-'&DJQGE-?T
L Wl.I CA 01, -- 4T-T-741 e--? 40 Gt?Tz-T1 G AY I c? ?J S
8b. ARE ADDITIONAL PE IT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [ ] NO y j IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT of LAND: ?''(o0/'OcQE?
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
p -7-6,' z4c&,!?-S
2
f0'd 64sZT 166i'6Z'I0 ASOiuin938 H9131US WOSJ
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: 4)• 5a41,4C12ES EXCAVATION:
FLOODING:
DRAINAGE:
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION) :
FT AFTER: FT
LENGTH BEFORE:
WIDTH BEFORE (based on normal high water contours): FT
FT
WIDTH AFTER:
AVERAGE DEPTH BEFORE: FT AFTER: F'T
(2) S?a'REAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION:
OTHER:
WHAT IS THE EXPECTED POND SURFACE A
l/o.? !J f>.fA C e--
oTHER: S og Gass/?I? - a, oY.3 Qc4&-y
TOTAL ACRES TO BE IMPACTED : t9' 5b7 A606-S
CONSTRUCTION OF A DAM/FLOODING:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT'S THE SIZE O THE
WATERSHED DRAINING TO THE POND? '
REA' U . Z 3 / '4GP'e-5
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS
ONLY) : C-?? ?STI YJG 13 T o G C?-?z?2?? ? 12A'?rc'b ? 2.
1
Goy- S yf >L-(? o.J o°
00
us t-57-ill> T? ???f A ra
41/
_.ia -W y
,ZC?s .
13. PURPOSE OF PROPOSED WORK: 2
O? X715 IZI?U t??.? ?
3
b0'd
64sZ1 L66I'6Z'I0
- i A,., .Rel. 00 c? V1 A
ASOJUU93a H9I318M WOa3
14. S ACT 14UST BE OUT INTATEWETLANDSREASONS(WHY MINIMIZE WETLANDCARRIED
IMPACTS):
f ? .to .'?-}? S1 Z G off. ???- ?AGI l? 1 T' ( ? ?J ? tii7 C A?1 o?J of-
1c? C S l,A ?? S ?T}i ?? G ?? ('?2 0 v,`S y__
k?? C??>>S ?li?,?, mac- ?N1??c-T? 1r?PpLr A?z?? ?o?ss?sTS ??w,????
?c-
15. YOU"ARE REQUIRED TO CONTACT THE U,S:--FISH AND WILDLIFE SERVICE
(USFWS) AND%OR-NATIONAL MARINE FISNERYES SERVICE (NMFS) (SEE AGENCY f?U
ADDRESSES SHEET) 'REGARDING THF-PRSENCE OF ANY FEDERALLY LISTED OR
PROPOSED FOR LISTING1.ENDp,IZGS ED OR THREATENED SPECIES OR CRITICAL HABITAT
RDATE
IN THE PERMIT AREA THAZ-MAY -BE--AFFECTED BY THE PROPOSED PROJECT.
ESPONSES (ATTACH
CONTACTED:
FROM THESE AGELIC'IES. ) ?" -
16. YOU ARE REQUIRED TO CONTACT_ THE STATE HISTORiQ,•.ERESERVATION- s2,EFICER ?
SHPO) (SEE AGENCY_ ADDRESSES.-SHEET) -REGARDING-.THE- PRESENCE OF HISTORIC
PROPERTIES-IN-THE PERMIT AREA WHICH MAY BE AFFECTED BY THE'-PROPOSED
PROJECT. DATE CONTACTED:-
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES () NO W (IF NO, GO TO 18)
THEPREPARATION
a• IF YES, DOES
CCAROLINA ENVIRONMENTAL
THEEREPROJECT QU REQUIREMENTS REQUIRE
DOCUMENT PURSUANT
POLICY ACT?
YES H NO ()
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES () NO II
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE
COMPLIANCERWITHOTHE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
C
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT O ADMITELEPONON(9116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003,
4
61,:ZT Z661'6Z'I0 ASOluin938 H9I31b8 W083
S0 'd
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL
INTO WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES
AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26,
29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY
MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1
INCH EQUALS 100 FEET OR THEIR EQUIVALENT.
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. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY?
Q0 `2,T1A - W N u r-,&,r,TL) (2, i Nv, a;> 1 i v, ?21t o?J
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
c,gA4 ) Tq -t-2 "r2. T. 92-NA-le LIFT 2TA-T»-? -715c4ASfi C--
'FU 43,V\ c- ??STC M
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE U. S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF.A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF
ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM.
_ 7- 2 ?7
'S/AGE T'S SIGNATURE DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
5
90'd OSIZI Z66t'6Z'I0 AMOiuin938 H9I31UM WONJ
1-.2 4-97 04:46P Bob J3,irkov Company 5574513 P_01
10B BARKE
C O M P A N Y I N C.
P.O. Box 429 Fuquay-Vuinti NC 27s26.0429 Phone: (919) S52-3431 Fac (919) 552-1933
February 24. 1997
Mr. Eric Alsmeyer
U. S. Army Corps of Engineers
11413 Falls of the Ncwo Road
Wake Forest, NC 27387
Dar Mr. Alsmeyer.
The Bob Barker Company, Inc. aathorizcs Tye, Spotts dt Davis. PC and its principals to act as our agents
of our property on Ptufoy Road, in Fnglny-Varina, NC..
in the matter of the devdopaKnt
Sincerely.
L4O?
J. Bar1c?
President
AR 23 '97 03:50PM SUITT CONSTRUCTION
00
•23-97 03: 15P Bob ?rker Company
State of North Carolina
H tufa? Environment.
ep th a d of
Heal
Division of Water Quality
Jams= a. Hunt, Jr.. Govemor
Jonathan B. Howes. Secretarv
A. Preston Howord. Jr., P.E., Director
low.
55';, 13
H. Zia
16 V W7;
pEHIV R
Wake 14.1997 Collaw
D WO PWjwt 1e 970161
APPROVAL of 401 Water Qualit7 Certification and"ADDMONAL CONDITIONS
Bob Bataan Co-- DV-
118 B. Joao Sutter
jyquay varina. NC 27526
7'4?;' ocy, I ovo
You have our approval. in acwrdaoc° with the attached conditions an= 1 Ol
material in 0A alias of Valands or watacs for the parpo`e 21 Pabruary 1997. Athos revlar?kh6,' your
tt4ar Stay?nt P'laat, a I you meaaibod in WateR Quality Cadroxion Number. 3106.
applicsdoth. M„o have agcidod that dab 6n irR ooveta4 by dal
by ? Corps of
'Iltis cAttitication allows you to go* Nadon? Petrnlt Numbs[ 26 when it 1s Wood
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NORTH F'UQUAY-VARINA, N.C.
N353D-W7845/7.5
1974
PHOTOREVISED 1981
DMA 5255 III SE-SERIES V542
CONTOUR INTERVAL 10 FEET
GRAPHIC SCALE FEET
2000 1000 0 2000 4000
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PROJECT LOCATION MAP
CALIBER LOGISTICS DISTRIBUTION FACILITY
FOR THE BOB BARKER COMPANY, INC.
FUQUAY-VARINA, NC
N.C. ?
QUADRANGLE LOCATION
NOTE: SITE LOCATION IS APPROXIMATE.
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LAW
ENGINEERING AND ENVIRONMENTAL SERVICES
RESULTS OF WETLANDS DELINEATION
BOB BARKER DELINEATION SITE
FUQUAY-VARINA, NORTH CAROLINA
Prepared For:
Bob Barker Company, Inc.
P.O. Box 429
Fuquay-Varina, North Carolina 27526-0429
Prepared By:
Law Engineering and Environmental Services, Inc.
3301 Atlantic Avenue
Raleigh, North Carolina 27604
November 1996
LAW JOB NO. 30741-6-1786
A LAW
M ENGINEERING AND ENVIRONMENTAL SERVICES. INC
November I, 1996
Mr. Robert Barker, Jr.
Bob Barker Company, Inc.
P.O. Box 429
Fuquay-Varina, North Carolina 27526-0429
Subject: Results of Wetlands Delineation
Bob Barker Delineation Site
Fuquay-Varina, North Carolina
LAW Project No. 30741-6-1786
Dear Mr. Barker:
Law Engineering and Environmental Services, Inc. (LAW) is pleased to submit this report concerning the
jurisdictional waters/wetlands delineation on an estimated 50-acre site located in Fuquay-Varina, Wake
County, North Carolina. This report documents the methodology used to assess approximate jurisdictional
boundaries, the results of our studies and our conclusions concerning the permitting requirements under
Section 404 of the Clean Water Act (13 U.S.C. 1344).
WATERS OF THE U.S./WETLANDS DELINEATION AND FINDINGS
Background and Methodology
1!q LAW was contracted to conduct an approximate delineation of the jurisdictional boundaries of wetlands and
waters of the U.S. on the estimated 50-acre Bob Barker site located southeast of Fuquay-Varina, North
Carolina. The site is bordered to the west by North Carolina Secondary Road (S.R.) 1301 (Purfoy Road), and
on the north, east, and south by neighboring property owners (Drawing 1.1). No other areas besides those
described above are subject to the Scope-of-Services, including delineation and reporting.
Jurisdictional wetlands are defined by 33 CFR Part 328.3(b) and are protected by Section 404 of the Clean
Water Act (33 USC 1344), which is administered and enforced in North Carolina by the U.S. Army Corps of
3301 ATLANTIC AVENUE • RALEIGH, NC 27604
P. 0. BOX 18288 • RALEIGH. NC 27619
(919) 8760416 • FAX (919) 872.3253
Bob Barker Delineation November 1, 1996
LAW Project No. 30741-6-1786 Page 2
Engineers (USACE), Wilmington District. Jurisdictional wetlands are defined in the field as areas that have
positive evidence of the following three environmental parameters:
• Hydrophytic vegetation
• Hydric soils
• Wetland hydrology
Wetlands on the subject property were determined using the Routine On-Site Determination Method as
defined in the Corps of Engineers Wetlands Delineation Manual. The wetland delineation was conducted
on October 30, 1996, by Mr. Wayne Wilkinson, Senior Environmental Geologist, and Mr. Martin Korenek,
Staff Ecologist.
Observations of the soil, vegetation, and hydrology were made on the study area in order to make
appropriate wetland/upland delineations. Potential wetland boundaries were estimated over the site
(Drawing 1.2). The wetland boundaries are subject to change following verification by the USACE, if
required. The drawings of these approximate wetland boundaries are intended for preliminary planning
purposes only.
I Findings
Jurisdictional areas observed on the subject site consist of jurisdictional waters of the U.S., including
wetlands. The northern, eastern and southern boundaries of the site had been surveyed, and the western
boundary of the site parallels Purfoy Road. The wetland delineation was performed over the entire site
(Drawing 1.2). The wetland areas were identified with a letter designation in order of occurrence on the site
from the south to the north (Drawing 1.2). Six wetland determination data points were also taken from
various locations across the site (Drawing 1.2).
The northwestern and northern-central portion of the site consisted of agricultural fields, while the northern
and eastern portions of the site consisted of forested land which sloped generally eastward toward two ponds,
a fallow, agricultural field, and a swamp. The central portion of the site consisted of forested land, which
drained much of the site from west to east toward a second swamp. The southern portion of the site
consisted of forested land, which was drained northeastward toward the second swamp. The northeastern,
central and southeastern areas of the site have small, intermittent streams in which runoff water flows
t Environmental laboratory. 1987. Corps of Engineers Wetlands Delineation Manual. U.S. Army Corps of
Engineers, Washington, D.C. pp. 100 and Appendices
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Bob Barker Delineation November 1, 1996
LAW Project No. 30741-6-1786 4k Page 3
generally eastward toward the swamps (Drawing 1.2). The central portion of the site also receives runoff
water from the adjacent property located west of Purfoy Road by means of a culvert, which is located
beneath Purfoy Road. Jurisdictional areas in the northeast, southeast and central areas of the site include the
intermittent streams and the forested alluvial wetland areas associated with the streams (Drawing 1.2).
The northern, southern and central wetland areas continue generally eastward along the three unnamed
intermittent streams to where they flow into the swamps. One swamp is located in the northeast corner of the
subject site, at the junction of the northern and eastern site boundaries. The second swamp is located several
hundred feet south of the first swamp, on the eastern boundary of the site. The topographic map indicates
that the two swamps flow towards an unnamed pond located approximately 700 feet east of the subject site.
The swamps are considered jurisdictional and are subject to Section 404 of the Clean Water Act (33 U.S.C.
1344) rules and regulations. The wetland sections north, west and south of the swamps include forested
alluvial wetland areas on each side of, and adjacent to, the streams. There are two ponds also located in the
northern/central section of the site, both of which initially drain eastward, and then also southeastward,
towards both swamps (Drawing 1.2).
' The U.S. Department of Agriculture Soil Conservation Service Wake County Soil Survey indicates that
upland and hydric soils are found on the subject site, with hydric soils limited to the floodplains of streams
' and other areas in which frequent wetness and surface ponding are prevalent. Soils observed on the site
ranged from upland soils to State-listed hydric soils. The upland soils were observed to be located on the
' higher portions of the site and the hydric soils were observed in the lower-lying, drainage areas of the site.
The wetland areas identified on the site have hydric soils that appear to be either flooded, or saturated at or
near the surface for long periods during the growing season. The 1995 Fuquay-Varina National Wetlands
Inventory map indicates that the northernmost swamp is an area which is permanently flooded and is mapped
as wetlands.
The total area of jurisdictional waters of the U.S., including wetlands, on the Barker site is field estimated to
be approximately seven acres, much of which is linear, crossing the site generally from west to east in the
northern, central and southern portions of the site (Drawing 1.2).
Regulatory Considerations/Development Implications
Depending on the type and extent of waters to be impacted, wetland permitting requirements can range from
activities that are considered exempt or preauthorized, to those requiring pre-discharge notification (PDN)
for a Nationwide Permit (NWP) or requiring a Section 404 Individual Permit from the USACE. Wetland
permitting requirements are generally based on the acreage of impact; however, adjacent streams that
directly influence the wetlands in question are also considered.
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Bob Barker Delineation November /
LAW Project No. 3074/-6-1786 4k Page 4
Activity involving the impact of jurisdictional waters on this site may be permissible under Nationwide
Permit No. 26 in 33 CFR Part 330, Appendix A, which is applicable to project impacts of less than 10 acres
of waters and/or wetlands above the headwaters (less than five cubic feet per second average annual flow).
Nationwide Permit No. 26 authorizes minor discharges of dredged or fill material into isolated or headwater
waters of the U.S., including wetlands. If the jurisdictional areas to be impacted are considered below the
headwaters and/or the total impact area above the headwaters totals more than 10 acres, then an individual
Section 404 Permit would be required for the proposed development. Wetlands observed on the site appear
to be located adjacent to "above the headwaters" streams and would be applicable for NWP 26 permitting.
If there are freshwater wetland impacts exceeding one-third of an acre under NWP 26, then the project will
require a PDN submittal for the proposed impacts. The PDN may require you to address the following
concerns: presence of a protected species, presence of significant cultural resources, and possible wetland
mitigation planning to off-set wetland losses. All activities conducted under the Nationwide Permit program
must comply with the General Conditions listed under 33 CFR Part 330, Appendix A, Section C (attached).
Permitting under Section 404 of the Clean Water Act may require coordination with interested agencies
including, but not limited, to the USACE, U.S. Fish and Wildlife Service, N.C. Department of Environment,
M Health, and Natural Resources, and the U.S. Environmental Protection Agency.
Recommendations
After the jurisdictional boundaries have been verified by the USACE, a metes-and-bounds survey should be
conducted by you to determine the areal extent of the jurisdictional waters on the project site. We shall
review the surveyed wetland map and forward it to the Wilmington District USACE for their final written
verification. We recommend verification of the jurisdictional boundaries by the USACE prior to initiating
filling, construction, mechanized landclearing, or any other impacts on the site. The USACE verification
will provide appropriate documentation for your files concerning the area of jurisdictional waters/wetlands to
be impacted.
Based on our findings from this preliminary study, filling of wetlands shown on our field map could
potentially be conducted within the limits set forth by Nationwide Permit 26, as long as the conditions of the
permit are observed. Please note that this conclusion does not consider floodway or floodplain fill
restrictions or any other restrictions as mandated by local ordinance, State or Federal regulation. The
findings of our study are only applicable to the dates of our field investigation.
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Bob Barker Delineation November 1, 1996
LAW Project No. 30741-6-1786 Page 5
Conclusion
We appreciate the opportunity to conduct these environmental services for the Bob Barker Company. Please
contact Mr. Wayne V. Wilkinson at 919/876-0416 if you have any questions concerning this project.
Sincerely,
LAW ENGINEERING AND ENVIRONMENTAL SERVICES, INC.
Wayne V. Wilkinson, L.G.
Senior Environmental Geologist
Enclosures: Drawings 1.1 and 1.2
NWP Conditions
Allen W. der, .W.S.
Principal Environmental Scientist
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