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HomeMy WebLinkAbout19950472 Ver 1_COMPLETE FILE_19950510Facility Name Hammerland Corp. Inc. / Richard Farrington, Jr County Carteret Project Number 99 1412 Regional Contact: J. Steenhuis Date: 2/8/2000 Comments (continued from page 1): cc: Regional Office Central Office Page Number 2 MEMORANDUM TO: SUBJECT: John Dorney Non-Discharge Branch Regional Contact: J. Steenhuis WQ Supervisor: Rack Shiver Date: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Hammerland Corp. Inc. / Richard Farrington, Jr Project Number 99 1412 Recvd From DCM Received Date 12/21/99 Recvd By Region Project Type subdivision / piers Certificates Permit Wetland Type Type CAMA SM Miticiation MitigationType Wetland Wetland Stream Impact Score Index I Y O N F- 20-36-(.5) FY _0N r- F_- County Carteret County2 Region Wilmington Stream Class Acres Feet Prim. Supp. Basin Req. Req. SA ORW 30,501. 0.03 F Wetland Type Acres Feet I rnial "Inter- Is Wetland Rating Sheet Attached? O Y ON Did you request more info? O Y ON Have Project Changes/Conditions Been Discussed With Applicant? O Y O N Is Mitigation required? O Y O N Recommendation: O Issue O Issue/fond O Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: No 401 Permit needed cc: Regional Office Page Number 1 Central Office o Fron•. M To: John Dornoy Dalo: 0/10180 rime; 13;00:54 Fagg 1 of Z Needham, Jernigan, & Associates, Inc. Environmental Consultants 6948 Point. FAist. Drive. Fayetteville, North CHrolina 28306 Robert N. Needham Leon S. Jernigan, Jr., Ph.D. 910-371-6082 910-438-9486 To: John Dorney For Information Call: 910-438-9486 From : LSJ At: NJ&A Pages. 2 Fax Number : 910-438-9486 RE: STREAM RESTORATION - ATLANTIC AVEN UL - BEAVER C REEK ASSOCIATES Joint, Attached is a copy of the proposed cross-sectiovol detail for the strenin restoration we discussed with you. Deaver Creek Aasociatcy are still pursuing the pond acquistion option but have not come to any agreement yet. hi the pond cannot be acgtLh-ed, the upstremn portion of the streain that was pipecl will be restored as discussed at any earlier meeting. If you have any questions or suggestions, please call. Leon.Ternigun Consultant for Beaver Creek Associates I ?` vw ` QJt , V Cover pages by Define + From. L3J To; John Dorney Date: 0/10/90 Timo;13;57;27 Jun-11-98 07:27A Terry Reeves JUN-10-1998 14:17 FROM JOHN R. EDWRRDS & CU. Fagg 2 of Z 919 881-0817 P.02 TO REEVES P.01/a1 ,>x 9t?x eplom y. FROM A08a FAX 0; hb FAo Mx ?; W*4E'M; Inc o AL ,o(7 T o? `?. 7:41 4- 3F 3 f V) ill ?iQ?17 ?.QA' ?? .L ? CHAIVAIcL S ? C: 1 CC 11W . State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director CERTIFIED MAIL- RETURN RECEIPT REQUESTED NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES April 17, 1998 Ms. Carter Worthy and Mr. Thomas Hester PO Box 6452 Raleigh NC 27628 Dear Ms. Worthy: Re: Proposed land disturbance near streams and ponds Atlantic Avenue and Six Forks Road area Wake County Recently DWQ became aware of your intent to conduct land disturbing activities near the pond and associated stream downslope of Six Forks Road extension and Atlantic Avenue with your plans to breach the dam, install a sediment basin in the channel and relocate the stream channel. Based on this information, I thought it would be useful to inform you of the likely regulatory constraints on this property from the wetland rules (401 Water Quality Certification) and the Neuse River buffer rules. Any fill of wetlands or waters will require a 404 Permit from the US Army Corps of Engineers and a corresponding 401 Water Quality Certification from the Division of Water Quality. As I discussed with a consultant for this property several years ago, it is very unlikely that the Division would certify wetland fill on this site for purposes other than road and utility crossings. Finally, if wetland fill exceeds one acre compensatory mitigation will be required. The Neuse River Buffer rules (15A NCAC 2B .0233) present additional constraints on this site these rules require that a 50 foot wide buffer be maintained adjacent to all streams and ponds in the Neuse River basin if forest vegetation is present on July 22, 1997. In the case of this property, a buffer would be required adjacent to the pond, the stream downstream of the pond, Crabtree Creek and all other streams on the property. This buffer can be crossed by a road and utility crossings but otherwise must be left intact. For instance all sediment and erosion control measures must be located outside this buffer. These rules also prevent tree cutting in this buffer except as needed for road and utility crossings. Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper of Please call me at 733-1786 if you have any questions concerning the 401 Water Quality Certification Program or the Neuse River buffer rules. cc: Danny Smith, DWQ Raleigh Regional Office Ken Jolly, Raleigh Field Office Corps of Engineers Central Files h#amk- )ve- 4? - fpp UW40- m " yea .?. i j*ke o?r p• L ? 44 2os5 v 0. Re-?IL 41p-- lit E? i 5... W? ? C.Il? k* /4-00? ?? rvQo;ftL- % * qA;Au,.%- ckW-? ? G1RP? 4-d + '" 4 ? - 9'' z < I V?.A ('71-f2o v Skvf i ,c??c? ?^ aMw?,,? Ob ? ? -Tv .vv 1.s ?^" UI 5 sfAYYV ?n ";H 41M Q& 7-v?ll r9* W 4-7 rcq --'If - ?J. Q 00 ",-7p State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director March 19, 1998 Mr. Terry Reeves 2602 Cambridge Road Raleigh NC 27608 Dear Mr. Reeves: A 09WAA IT 0 0 4;J - 00 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Re: Water Quality Certification issues Commercial Fill- Atlantic Avenue and Six Forks Road Wake County DWQ # 95472 As you are aware, we have been discussing various options to resolve the issue of noncompliance with our 401 Certification which was issued on May 24, 1995. It appears that three options are available to you to resolve this matter. Either of these options would be acceptable to DWQ. 1. Remove/relocate the culverted stream on lots 2 and 3: The stream could be restored on site by either removing the culvert and restoring the stream in its original position or relocating it elsewhere on the parcel. A 50 feet wooded buffer would need to be restored adjacent to each side of the stream. A conservation easement would need to be placed on this area as well. Il. Remove/relocate the culverted stream on lots 9 and 10. The stream would be relocated to its original location. A 50 feet wooded buffer would need to be restored adjacent to each side of the stream. A conservation easement would need to be placed on this area as well. The remaining 150 feet (approximately) of unculverted stream channel in lot 10 would be stabilized with bioengineering techniques (rather than riprap) and the buffer replanted. III. Preserve the pond/wetland area downslope: The area between Atlantic Avenue, Six Forks Road and Crabtree Creek would be purchased and preserved with a conservation easement and subsequent donation to the City of Raleigh, local conservancy group or NC Wetlands Restoration Program. As we discussed, a dam will need to be built in the channel downslope of the beaver dam at the end of the pond/wetland to maintain the hydrology of the wetland. Please call me at 733-1786 if you have any questions. As you know we plan to meet at 9 am. On April 9, 1998 to further discuss this issue and hopefully resolve this matter. Sincerely, cc: Charles Case Jill Hickey, NC Attorney General's Office Danny Smith, DWQ Raleigh Regional Office John Dorney, DWQ Central Files Ken Jolly, Raleigh Field Office US COE John R. Dorney Water Quality Certification Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper o-'r uww3L F 0 waoouma, . k. PU045 7 , ?"fS w 147 v-- ) ff v ewak ? succor. ow Mej? 4LA -?ue.5 CQ& Wit- TV, ,u kk, 31 ,?I1 A 1 P?ame 4- ??o&? ;? LVA.AA.4 sarr,J 5.??,, c7 2?? 4"W-P Cr7 1 -f MCO X 'Z'u' uo ??, ?.w snn ?sa?- Qv ;lye State of North Carofina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director A-44 ipA [D EHN1R Division of Water Quality Environmental Sciences Branch 4401. Reedy Crook Road Raleigh, N.C. 27607 FAX:(919) 733-9959 FROM: PHONE: NO, OF PAGES INCI-UDING THIS SNFET: 0 d ?2? '- rff 90A41 at-O?L S - ?p Ann , ( 6'Yt?A EnvironmeniAl Sciences Branch 4401 Aoody Creek road - R41619h,.North Carolina 27607 Telephone 919.733-9960 FAX # 733-9959 An E4ual Opportunity AVkmalive.Acllon Employer 50% repyclsd/10% poet OOnEUner ppyor Date zo Igg O?A?? 2/1 71W N access ?1n?e ?w- (4;CvAe •`'''?? b ? 3?9 c) ?o Q ? l?e?w.e?-fix Pak? ?,Ya ?--?w rams. 2ri SOAA.-- ?c) ;Ovw-kn?ssol.4,e slarwajjA" rove,vau? 4 C-y4u e bey 11?Lf.? me ? ms=s - 4will. q6) - Csr.QIL_ CO, 67. ? 7n) lz? T-O, -p-o-V 495 - OA.A 44 b?q ?K', I j ° ?jqqy? Itp $ 74 VO I ceA? 7S6pl CHARLES D. CASE INTERNET MAIL: ccasc@hunton.com March 6, 1998 via email and telecopy to 733 9959 Mr. John R. Dorney DENR Division of Water Quality Water Quality Lab P. O. Box 29535 Raleigh, NC 27626-0535 Fu.E No.: 53861.2 DIRECT DIAL: (919) 899-3045 ?` '9 N - 99() 8 Re: Beaver Dam Project, Atlantic Avenue, Raleigh, Wake County, NC, 401 Water Quality Certifications and Additional Conditions DEM Project #95472 Dear Mr. Dorney: Thank you for meeting with Mr. Reeves, Mr. Cozort and me last Friday to discuss the above- described project and the 401 Certifications with Conditions issued by your office for the project, dated May 24 and August 9, 1995 (the "401 Certifications"), in particular, condition #1 of the May 24`h certification that "the stream channel shall be relocated using DOT stream relocation guidelines...." As you know, due to a misunderstanding on our part, the stream on the project has been placed into 72" pipe. Because of concerns expressed about the stream, the project owners, Beaver Dam, LLC (a successor entity to Beaver Creek Associates and hereafter "Beaver Dam") has voluntarily halted the installation of pipe in undisturbed upstream areas of the creek and, in fact, is now removing the uninstalled sections of the pipe off of the creek bank. (This upstream activity was performed under a separate 26 Nationwide permit issued on January 26, 1995, to one of the project partners, Mr. Melton E. Valentine, Jr. If this additional pipe is not installed, Beaver Dam anticipates that it would stabilize the creek, as permitted. We understand from our meeting that your office is of the opinion that work at the site has not complied with the 401 Certifications, particularly condition #1 of the May 24th 401 Certification. However, we also understood from our meeting that it would be appropriate for Beaver Dam to suggest further activities or work that it might undertake at this point to satisfy any concern about non-compliance with the 401 Certifications. Beaver Dam appreciates this opportunity and has asked that I provide this letter to provide some proposals for such further work. Path: DOCSOPEN\RALEIGM07900\53861\000002\16sc0l!.DOC Doc; #: 55452; V. 1 V John Dorney March 7, 1998 Page 2 Before documenting the specific proposals, Beaver Dam would emphasize that it stands ready to take any reasonable action to respond to your office's concerns about non-compliance with the 401 Certifications. Beaver Dam has a signed contract with a buyer for the property at the northern end of the stream covered by the 401 Certifications. That contract contemplates the construction of a facility that would have to be relocated, should it be necessary to dig the pipe up and attempt to recreate the stream on-site. This contract contains liquidated damages for any non-compliance with its terms. Proposals Below are several proposals, any one of which Beaver Dam would undertake with your approval. These are being proposed based on our perception that they most closely address the concerns you expressed during our meeting. As we indicated during the meeting, however, Beaver Dam would be happy to entertain and discuss any variations or additional proposals that you believe would better address water quality concerns. Proposal 1 Beaver Dam would propose to purchase credits through the State's stream bank mitigation program. Beaver Dam understands that this would require DBA to purchase credits for approximately 391 feet of stream bank. Proposal 2 Beaver Dam would propose to purchase the pond south of Six Forks extension and the surrounding property, and then donate or otherwise restrict future use of that property to ensure its continued existence as a pond, functioning as a water quality resource and wetland area. In the absence of a restriction, it appears that the pond may be subject to draining through the removal of the beaver dam that is maintaining it as a high quality aquatic environment. Proposal 3 Beaver Dam would attempt to purchase land north of the project. This area is a non-wetland alluvial drainage area. DBA would create in that area feeder streams that would then flow into the stream that has been piped. Proposal 4 Beaver Dam would propose to relocate the stream by diverting a portion of the flow of the stream south of Six Forks extension and east of Atlantic Avenue. The current site condition has the creek crossing under Six Forks extension through two pipes, with a third smaller pipe also discharging water from the streets in the area. Currently, the creek south of Six Forks extension Path: DOCSOPEN\RALEIGM07900\53861\000(X)2\16sc0l!.DOC Doc #: 55452; V. 1 John Dorney March 7, 1998 Page 3 is constrained to a 20' drainage easement, primarily by a berm of rip-rapped dirt constructed east of the creek as an extension on the slope on the south side of Six Forks extension. If you approve, Beaver Dam would remove that berm in the course of some maintenance and repair needed on the road. Based on measurements of the topography of the land, as well as past experience with surface water flows that have occurred during storms after the piping of the stream, Beaver Dam's consultant, John Edwards, is of the opinion that a substantial portion of the stream flow will divert to run at the base of the slope on the south side of the Six Forks extension. Some of that water flow would occur in areas that do not appear to have been or are now wetland areas. Any work required under DOT stream relocation guidelines would occur only in non-wetland areas. Flow downstream of these non-wetland areas would appear to likely to join up with an historical flow into the pond that preexisted work in the area. Effectively, this would relocate a length of stream approximately equal to the length of the stream that was piped. This proposal would result in the additional benefit of providing flow of water to the northeastern portion of the pond. Condition of the Piped Stream We believe that the condition of the stream at the time it was piped is relevant to an assessment of the action that should now be taken, in terms of protection and enhancement of water quality. When Beaver Dam purchased the property, both the property and the stream contained significant quantities of discard tires and other trash, which Beaver Dam has now cleaned out. Beaver Dam performed an environmental assessment of the site before purchasing it, which documents the presence of the trash and tires. Beaver Dam removed hundreds - if not thousands - of discarded tires from the general area, and it required at least 5 working days to remove all of the tires and other trash out of the creek. As you said, it is an urban creek, but it was a creek that had been adversely affected by waste. The stream had also been significantly disturbed in January of 1996 by the City of Raleigh. Due to erosion, the sanitary sewer pipe running along the stream had become exposed and was apparently at risk of breaking; in response the City performed a lot of work on the stream. According to Larry Lamphere with the City who oversaw the work, the City moved a lot of dirt in perfoming that work. They, of course, cut foliage. This work involved large power machinery, including putting a back-hoe into the stream bed. After regrading the stream bed, the City placed large grade stone (rip-rap) on the creek bed and bank. We have requested a copy of the work order for this work and will be happy to provide it to you. However, the inevitable conclusion we believe should be drawn is that the stream and its ability to support aquatic life had been seriously degraded before the stream had been piped. We do not believe that this conclusion is necessarily inconsistent with recent surveys that show aquatic wildlife in the areas upstream and downstream of the site. Path: DOCSOPEN\RAL.EIGH\07900\53861\000002\16sc01!.DOC Doc; #: 55452; V. I .19 John Dorney March 7, 1998 Page 4 Nevertheless, Beaver Dam does not wish to try to try to recreate what the condition of the stream might have been, but wishes rather to pursue a proposal that will best enhance water quality in light of the existing conditions. DBA does not believe that attempting to recreate the stream at this point would be as favorable as the alternatives that are proposed here, or that might otherwise be acceptable. Other Issues You also raised the issue during our meeting of the catch basins at the south end of the stream pipe, where there is a transition from corrugated to concrete piping going under Six Forks extension. Specifically, there are two surface water receptacles that discharge into the pipes. Beaver Dam has already closed one of those inlets and will close the second, assuming your office has no objection. You also asked about the location of the stormwater storage device, which Beaver Dam would propose to install to comply with Condition #2 of the May 24`h 401 Certification. Beaver Dam proposes to locate that storage device at the southwesterly corner of the property, in other words, at the corner of the property closest to the intersection. Thank you in advance for your consideration. Beaver Dam has photographs of the conditions of the stream which it would be happy to share with you. In any event, we would like to meet with you again to review the proposals in this letter and any other suggestions that you might have. Very truly yours, Charles D. Case cc: Mr. Terry Reeves Mr. M. E. Valentine Mr. Leon Jernigan Mr. Jack Cozort, Esq. Mr. Craig A. Bromby, Esq. Path: DOCSOPEN\RALEIGM07900\53861\000002\I6sc01!.DOC Doc; #: 55452; V. I ? w Page': 1 Document Name: Irma REAL ESTATE ID: 0045587 CARD #: 01 OF: 01 YEAR 1999 TAMAP07 0204374 OWNA: BEAVER CREEK ASSOCIATES INDIVIDUAL CARD BUILDING VALUE BLDV: DESL: TR 1B, 2 & 4A PROP ATLANTIC AV BM1986-53 TOTAL RECYCLE UNITS: LOCA: 2806 ATLANTIC AV MA, N: 466 -00000-0313 SPEC DISTRICTS: 1 2 3 B P N#: 1715.14 43 2022 CONDO 000 VCS#: 0002500 TNSH: RALEIGH TOTAL VALUE ON PARCEL CORP: RALEIGH ACRE: 3.99 BLDV: P CLASS: VACANT FIRE: LANV: 299,250 TYPE: DEAM: B CLASS: INDIVIDUAL ZONING: TD ETJ: RA 299,250 NARRATIVE: APPEAL FORM MAILED F98/JSD 3-31-97/MWR ZONING CHNG FROM I-1 TO REBATED TV$16,500(1.10AC SPLT TO 18 MAILING ADDRESS LSLPR: 2602 CAMBRIDGE RD PSLPR: RALEIGH NC 27608-1126 BTYR: 0000 BATHS: NOR. COND. TD PER Z-48-96(NCIV) F97 )128-PER OWNR REQ) F91/PH LSLDTE: 484,000 PSLDTE: 10/07/85 DISQ STORY: SQFT: GRADE: PERC: 00 REQUEST? ???? 0045587 01 01 99 ENTER HELP FOR LIST OF VALID TRANSACTIONS Date: 3/11/98 Time: 11:26:43 AM • N Page: 1 Document Name: Irma * OWNERSHIP HISTORY DISPLAY SCREEN * TAMAP31 REAL ESTATE ID: 0045587 TAXA31 OWNER NAME OWNED BOOK PAGE YR ACQ DATE CURRENT: BEAVER CREEK ASSOCIATES ALL 3578 939 85 10/15/85 01 BACK: VALENTINE, M E JR ALL 3573 936 85 10/07/85 R EVENUE STAMPS 484.00 02 BACK: VALENTINE, M E ALL 3642 699 86 01/21/86 DEED TYPE DOC 03 BACK: VALENTINE, M E JR ALL 3573 934 85 10/07/85 04 BACK: ALLEN, NAOMI L ALL 3335 762 84 08/17/84 05 BACK: ALLEN, NAOMI (BY WILL) 1003 E 83 12/31/84 DEED TYPE WILL *** END-OF-F ILE *** PFI=FWD,PF2=BWD,CLEAR=MENU OR PRESS ENTER TO RETURN TO MASTER SCREEN Date: 3/11/98 Time: 11:26:01 AM UNITED STATES POSTAL SERVICE Official Business RECEIVED APR 2 919% FOR PRIVATE )ID PAYMENT )STAGE, $300 ENVIRONMENTAL SCIEN$S. ,., rent your name, address and ZIP Code here John Dorney Division of Enviro. Mgmt. Enviro. Sciences Branch 4401 Reedy Creek Road Raleigh,NC 27607 I,?l?ll IIII IIt III „1Iloll III „III IIIIII II oil III IIIif III IIIII SEN • Complete Items 1 and/or 2 for additional services. I also wish io receive th • Complete Items 3, and 4a & b, following servic$s (for an extr? • Print your name an address on the reverse of.this form so that we can ur yr hi d fee): to yo return t s car i • Attach this, form to toe front of the mailpiece, or on the beck if space 1. ? Addressee's Address e does not permit. • Write "Return Receipt Requested" on the mailpiece below the article number. 2. ? Restricted Delivery • The Return Receipt will show to whom the article wAs delivered and the date delivered. Consult postmaster for fee. 3. Article Addressed to: 4a. Article Number C Mr. Terry2VeS gx. 2602 Cam ge Road 4b. Service Type rt ? Registered ? Insylred c . L4- H Raleigha " 27608 Certified ? cob W ? Express Mail ? Retum Receipt for G 7. Dati 6. 8. Signature (Agent) PS Form 3811, Decem 8. Addressee's Address and fee is paid) 7dise _ i if requested i 1 it U.S.Q.P.O.:1992-307-530 DOMESTIC RETURN Page: 1 Document Name: Irma REAL ESTATE ID: 0121543 CARD #: 01 OF: 01 YEAR 1999 TAMAP07 0215394 OWNA: BEAVER CREEK ASSOCIATES INDIVIDUAL CARD BUILDING VALUE C/O MARVIN F POER & CO BLDV: DESL: LT 16 PROP OF NATIONSBANK NA BM95-1049 TOTAL RECYCLE UNITS: LOCA: 2604 ATLANTIC AV MAPN: 466 -00000-0339 SPEC DISTRICTS: 1 2 3 B PIN#: 1715.14 42 1667 CONDO 000 VCS#: 0002500 TNSH: RALEIGH TOTAL VALUE ON PARCEL CORP: RALEIGH ACRE: 6.18 BLDV: P CLASS: VACANT FIRE: LANV: 129,420 TYPE: DEAM: B CLASS: CORP LISTING ZONING: I-2 * ETJ: RA 129,420 NARRATIVE: 4-29-97/PW/(4.79A)COMBINED 2.46A HERE FR #214113 & S/O 1.07A INTO #230542 F98/MWR 3-31-97/MWR ZONING CHNG FROM I-1 TO TD & R-20 PER Z-48-96 F97 MAILING ADDRESS LSLPR: 200,000 LSLDTE: 06/28/95 QUAL 3340 PEACHTREE RD NE STE 610 PSLPR: PSLDTE: ATLANTA GA 30326-1065 BTYR: 0000 STORY: SQFT: BATHS: GRADE: NOR. COND. PERC: 00 REQUEST? ???? 0121543 01 01 99 ENTER HELP FOR LIST OF VALID TRANSACTIONS Date: 3/11/98 Time: 11:26:37 AM Page: 1 Document Name: Irma * OWNERSHIP HISTORY DISPLAY SCREE N * TAMAP31 REAL ESTATE ID: 0121543 TAXA31 OWNER NAME OWNED BOOK PAGE YR ACQ DATE CURRENT: BEAVER CREEK ASSOCIATES ALL 6576 190 95 06/28/95 REVENUE STAMPS 400.00 01 BACK: BEAVER CREEK ASSOCIATES ALL 6575 185 95 06/28/95 02 BACK: DOUGHTON, JAMES H ALL 3157 223 83 08/12/83 03 BACK: DOUGHTON, JAMES H ALL 1109 SP 75 12/31/81 04 BACK: POU, JAMES H SR. HEIRS ETAL ALL 2410 08 76 00/00/76 *** END-OF-FILE *** PFI=FWD,PF2=BWD,CLEAR=MENU OR PRESS ENTER TO RETURN TO MASTER SCREEN Date: 3j71 98 Time: 11:26:29 AM >ww+d? MICHAEL F. EASLEY ATTORNEY GENERAL State of North Carolina Department of Justice Y. O. BOX 629 RALEIGH 27602-0629 Reply to:Beth Warren Environmental Division Tel: (919)716-6600 fax: (919)716-6767 e p bwarr@ma i l. j us. state. n c. us MEMORANDUM TO: Jill Hickey FROM: Beth Warren DATE: March 3, 1998 RE: Beaver Creek Associates property ownership The property entitled Additions to Atlantic/Six Forks Center from the survey of John A. Edwards & Co is owned by Beaver Creek Associates, according to the tax office. There are 3 parcels 1715.14-43.2022; 1715.14-43.8036 and 1715.14-43.1667 (see tax map attached) I went to the tax mapping department and looked at the tax computer at the Register of Deeds. Beaver Creek showed around 18 pieces of property in the grantee index so I did not check ownership that way. I looked at the deeds: Parce1.2022 containing 3.99 acres Deed Book 3578 Page 939 was recorded 10/15/85 and purchased from M.E. Valentine & wife Karla H. Valentine. Parcel .8036 containing 1.08 acres also had the same deed reference Book 3578 Page 939. The property description was not enough to figure out where it was, it said TR 113, 2 & 4A Atlantic Ave. Parcel .1667 containing 6.18 acres Deed Book 6576 Page 190. The address was different for Beaver Creek Associates-3340 Peachtree Road NE, Ste 610 Atlanta, GA 30326 c/o Marvin Poer & Co. There was an assumed name recorded 4/17/84 for Beaver Creek Associates . The General Partners are Charles M. Reeves, 1113901 Barrett Drive Raleigh, NC 27609 and M.E. Valentine, Jr. 11.0. Box 5892 Raleigh, NC 27607. The Secretary of State did not have anything listed for Beaver Creek Associates. The property next to the Beaver Creek Assoc. property is owned by Atlantic Gateway Assoc. P.O. Box 34487 Charlotte, NC 28234 c/o Synco, Inc. 112 S. Tryon St. First Southeastern Center Ste. 900 Charlotte, NC 28284 Parcel .6252 Deed Book 4178 Page 249 and recorded 12/31/87. This property was purchased from Atlantic Ave. Lmt. Partnership c/o H & M Diversified Investments, Inc. 2607 Oberlin Road Ste 200 Raleigh, NC 27608. The description of the property was Lots A,B,C,3,3A,3B map 1985 page 1247. The Secretary of State did not have any listing for Atlantic Gateway Assoc. I forgot to March 3, 1998 Page 2 check the corporation books at the Register of Deeds. The property near this is owned by the City of Raleigh Parcel .3473 Deed Book 1920 Page 61 . --Ja?c moff '"I !So a r PQ PO ? / ^\ ? ? .. P?5 (ben,,,er CreeK r, i; 0 p 1.OBA 357g?y35 8036 Lit _(I S'7? e 3.99A LK? j /,, 93 ? ya IA 0. 93A 2022 Se i 7925 UJ 2°6 J? Z ! t. l0A Q her !? ! 5680 2 ?? Q 333 ! S rY cO 9? 6. SBA 1667 040 5 soc- t.3un 5530 \ ? ?Pj FZE?. _. \ PE??Ow 37 2 \ 4Sr slk ?„ / ??o oOQf ,?? 6.99A 4361 qp4 % 'a ?y Jy q0o? 0 4 ?O \?T 11.07A sefo .73 r/ 10, 4A 'y ,?ZG P? 2875 H? s* 7at? 9'YS 1.30A 5530 Sao 1 F9Sr > ?\\ - 90 4 \04, '1'o O 0 j e ?sGh?Ajo? u? ' Z State of North Carolina Reply to:Beth Warren MICHAEL F. EASLEY Department of Justice Environmental Division ATTORNEY GENERAL P. O. BOX 629 Tel: (919)716-6600 RALEIGH fax: (919)716-6767 27602-0629 epbwarr@mailjus.state.nc.us MEMORANDUM TO: Jill Hickey FROM: Beth Warren 011- DATE: March 3, 1998 RE: Beaver Creek Associates property ownership The property entitled Additions to Atlantic/Six Forks Center from the survey of John A. Edwards & Co is owned by Beaver Creek Associates, according to the tax office. There are 3 parcels 1715.14-43.2022; 1715.14-43.8036 and 1715.14-43.1667 (see tax map attached) I went to the tax mapping department and looked at the tax computer at the Register of Deeds. Beaver Creek showed around 18 pieces of property in the grantee index so I did not check ownership that way. I looked at the deeds: Parcrr.1.2022 containing 3.99 acres Deed Book 3578 Page 939 was recorded 10/15/85 and purchased from M.E. Valentine & wife Karla H. Valentine. Parcel .8036 containing 1.08 acres also had the same deed reference Book 3578 Page 939. The property description was not enough to figure out where it was, it said TR 1 B, 2 & 4A Atlantic Ave. Parcel .1667 containing 6.18 acres Deed Book 6576 Page 190. The address was different for Beaver Creek Associates-3340 Peachtree Road NE, Ste 610 Atlanta, GA 30326 c/o Marvin Poer & Co. There was an assumed name recorded 4/17/84 for Beaver Creek Associates. The General Partners are Charles M. Reeves, 1113901 Barrett Drive Raleigh, NC 27609 and M.E. Valentine, Jr. P.O. Box 5892 Raleigh, NC 27607. The Secretary of State did not have anything listed for Beaver Creek Associates. The property next to the Beaver Creek Assoc. property is owned by Atlantic Gateway Assoc. P.O. Box 34487 Charlotte, NC 28234 c/o Synco, Inc. 112 S. Tryon St. First Southeastern Center Ste. 900 Charlotte, NC 28284 Parcel.6252 Deed Book 4178 Page 249 and recorded 12/31/87. This property was purchased from Atlantic Ave. Lmt. Partnership c/o H & M Diversified Investments, Inc. 2607 Oberlin Road Ste 200 Raleigh, NC 27608. The description of the property was Lots A,B,C,3,3A,3B map 1985 page 1247. The Secretary of State did not have any listing for Atlantic Gateway Assoc. I forgot to March 3, 1998 Page 2 check the corporation books at the Register of Deeds. The property near this is owned by the City of Raleigh Parcel .3473 Deed Book 1920 Page 61 . off Inn a? J 1 V- % ?? ?'` S Creek ? I?? SOS. 1.08A J2ec1 3 S7?'f l ?J 3 ?J / 8036 3.994 $ deed 5$'7- i i % 93? 2022 D, JA j O.93A / ? / SI gs i i 7925 J 2 SOS ?? z ? ? SB 1. SOA rc? 5880 Q r ,zi Grp 331- Q ? •Sr-1',c ,n 6. lea 166,7 fog 9040 -1?u-&\ 5-7611?0 t 1. 20A 5530 sr '. i 4361 1 s 904 / a361 1 Q I J? / I ?O Jy 11.0%A 58:? A 1.08A 8036 y j q b / g9 1 A 0.93a ?mS ^a9? \ S 40 1.30A \\ 5530 1 '`ST Sl ?' / 31 S? 4 ?ZG P??P \?. X4\00/1-11000 T CCe? VDwy+ 4x7vll,4)Jzw- ('YLVu -4-2/98 U-ml,ev ra5.,c 9ft ?easahafblIC vw?? ?ue ?ritz?sw?s ? wA Ge icaK ?CA? - 4uz Le;?- ?`,, F a 0,,, ?, Co-E - ,pzr? t 19RS (N?z.b A0 " 11 ?fti- IP^AA 72,/zs-69 rl I I-z , Icta U)j Gam'` ? , , S cages ciao ear ?1 Y?w ek was i /z1(4 s . ?jk dog e. vyl 6 Q ? ?S all n.ot a- LO&4a- 1 I; 0. " J c ?2_ LcJ Z ola ?o jf?yVt;VQ__ "" 1,?? C_ow,(I? he?e 3- Y?1? /995 &V'A. u,2 gay?'ca.I?vr' ? UU qwlv?-p ? d 9? ?n s9,yVj zliB(9? ?S ?55 t/ ?a'14dd. 41/o/ Cl a,tt, -/-? IJ-44?. ?F-b *oms 'V47 A', Z,w,sr /u?s *-n -- aafo S', A ? trf - J?j 2)S 2-1 18 ape san e ??e wac w - ?.-...'.? ..°.?..."._. John -D From: Lori Jones [Lori-Jones @mail.ehnr.state.nc.us] Sent: Wednesday, February 18, 1998 2:08 PM To: john@dem.ehnr.state.nc.us; Bill Holman; Preston Howard Subject: Telephone inquiry... FYI--- Inquiry concerning: 401 DEM 95472 (Property Located at Forks land extension and the beltline) Lori spoke to John Dorney concerning this. Back in May 24, '95 *They issued a certification allowing them to fill in wetland but not stream... instead they culverted the stream (stream is in a big pipe) recently... possible summer/fall of `97. Dorney gave the folks two alternatives. Alternatives: (1) Relocate stream on the property or (2) take stream out of the tube ...don't need to have stream buried. Other potential problems: Piece of stream up slop was apparently culverted after permit expired... Corps of Engineers has stopped work on the site because of this violation. Upstream of that is where there is a Neuse Buffer problem. ----Dorney... Something needs to happen to makes them in compliance or a notice of violation will be sent on Monday unless this gets it resolved. Dorney is working with their attorney and environmental consultant to try to resolve this. He wants a commitment from them as to what decision they will take by Monday... *Acording to the caller, the developer thought culverting was an acceptable alternative. The developer's environmental consultant lead him to believe that culverting was acceptable. They were waiting to see what DOT road/extensions were going to do before taking action. Follow up John Dorney (3-1786) will consult with DENR attorney (Jill Hickey) tomorrow & will keep us informed. I left John a message to call me so that I can relay the request for a possible two week extension... John... they feel like they need two weeks (on March 6) to think about it to see if he can financially take on alternative number 2...what's your thought on this. z???/v? ?3? C ?,? v ,i/ //h7/JP Sr?/?? ??.? ??5 fat Z ?D?r? ?,?„,<e 5 ?? -? )wr 07 4Z(i) - .5*yw,p,- s? ? If6 (aAlw'- `n 6-10 (,?? vt - Olk?. c?• ?lv ? 44) 'rt ? cue ??' caE ' mac n- fwn vet Aco.? 0?.? 5 &?L Wss tt-3? bs 4-?-)z . a,ew 1 h? ?a ?rorea?. <?OD - ??W`? stxaw or ; nj Irv Pr tkpi?l W - t5k (?w CL4_ I V-? z?7?YP uses. CIVIL & SANITARY ENGINEERING I.AND PLANNING Jokit a. CaWardd ` & Company LAND SURVEYING (fonsuftin9 'Enginzr-%& 333 WADE AvE. - P. O. Box 10422 RAI.EIGH, NOR'TH CAROLINA 27605 June 19, 1996 RECEIVED Mr. John R. Dorney JUN 2 1 1996 North Carolina DEHNR Post Office Box 29535 ENVIRONMENTAL SCIENCES Raleigh, North Carolina 27626-0535 Re: DEM Project Number 95472 Dear Mr. Dorney: 'I'ELEPHONE 919-828-4428 FAX 919-828-4711 This letter is in response to the DEM 401 water quality certification referenced above. This certification was conditioned to require storm water management from either 1) on-site storm water pond or 2) by sheet flowing storm water into the existing pond and wetlands immediately downstream if we could assure that those wetlands would not be drained or filled. It is our intention to utilize the existing pond and wetlands for water quality control until such time the adjacent property owner has obtained permission from the U. S. Army Corps of Engineers and N. C. Division of Environmental Management to remove the pond. Based on 7.3 acres in the project and an estimated 50 percent impervious surface in our project, we estimate a 0.11 acre wet detention pond will be required. It is our intention to construct the wet detention pond within four months of being notified that the existing pond and wetlands shall no longer be available for water quality control.. The property owners propose to reserve an easement area on the site to facilitate the possible construction of the wet detention pond. This easement for the storm water retention will be reserved for a period of five years from the date of issuance of our certification to fill 0.75 acres of wetlands. Sincerely, John A. Edwards, Jr., P.E. Jaejr/jpn a MAY-14-1996 15:20 FROM JOHN A. EDWARDS & CO. TO -Civil, & SANITARY ENGINEERING LAND PLANNING LAND SURVEYING &ns44ttln y 9n91t2C& & 333 WADE AvE. - P. O. Box 10422 RALEIGH, NORTH CAROLINA 27605 May 14, 1996 Uwardo & Company John R. Dorney State of North Carolina DEHNR 7339959 P.02 TU LEPIJONE 919-828-4428 FAX 919-828.4711 Re: 'DEM Project Number 95472 Dear Mr. Dorney, Th1s is a letter in response to the DEM 401 water quality certification ti referenced above. This certification was conditioned to require stohmwater management from either 1) on-site stormwater pond or 2) by sheetfldwinq storm- water into the existing pond and wetlands immediately downstream if we could assure that those wetlands would not be drained or filled. It is/our intention to . to utilize the existing pond and wetlands for water quality control until such time the adjacent property owner the Pon . Based on 7.35 acres in t e project and an estimated 50 percent impervious surface in our project, we estim to a 0.11 acre wet detention and will be required It is our intention to construct the wet detention pond.a the existing pond and wetlands Ape drained or filled. The.prope ty owners pfrop se to reserve an easement area on the site to facilitate the C struction o he wet detention pond if required. This easement for the stormwat r retention wi 1 be reserved for a period of five years from the date of issuanc,? of our to fill 0.65 acres of wetlands. / John . A. EdwQlyds,Jr. ass aA, ??' „1r?va,;,ss?tr? ;'e" ?? *Q_VA f orfl? ,fD 3 TOTAL P.02 State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management Ja mes B. Hunt, Jr., G ove mor Jonathan Bk Howes, Secretary A. Preston Howard, Jr., P.E., Director FAX TO: 11W 82x. V(7( FAX NUMBER: FROM: PHONE: A;4jj- or V'A ?EHNF1 'V In -733-/) NO. OF PAGES INCLUDING THIS SHEET: COMMENTS: ?- Environmental Sciences Branch • 4401 Reedy Creek Road Raleigh, North Carolina 27607 Telephone 919-733-9960 FAX # 733-9959 An Equal Opportunity Afflrm We Actlon Employer 509E recycled110% poet consumer paper MAY-14-1996 15:20 FROM JOHN A. EDWARDS & CO. TO FACSIMILE COVER SHEET JOHN A. EDWARDS & COMPANY 333 WADE AVENUE, P. O. BOX 10422 RALEIGH, NORTH CAROLINA 27605 (919) 828-+44428 (919) 828.4711 FAX ''1? date: number of pages. Zl- {including cover sheet} to: '-30N?v WF-467 telephone number: facsimile number: ;7 3y_ C/ ?57 from : ),0A0VV1 message: /madly Y&C-I'R'- 7339959 P.01 a'-?wezrl Ise, This facsimile is the property of John A_ Edwards & Company, and may contain privileged and/or confidential Information. If you receive tai's Ucsimile by mistake, please contact the Sender at (919) 828-4428. State of North Carolira Department of Environment, Health and Natural Resources A41- o Division of Environmental 1.1anagement WOO& James B, Hunt, Jr., Governor p E H N R Jonathan B. Howes, Secrc-ary A. Preston Howard, Jr., P.= , Director April 23, 1996 CERTIFIED MAIL Mr. Terry Reeves 2602 Cambridge Road Raleigh, N.C. 27608 Dear Mr. Reeves: RE: Water Q-cality Certification Commerc_al fill at Atlantic Avenue near l=odges St--eet DEM Pro-ect Number 95472 Wake Cc.:-ty On 24 May 1995, tr_ N.C. Division of Environmental _:anagement issued a 401 Water Qual__y Certification to you to fill C.65 acres of wetland for developing a commerical site east Of Atlantic Avenue between Hodges Street a I-440. This Certification was conditioned to require stormwater m_-.agement from either 1) an on-site stormwater pond or 2) by sheetflow_--g stormwater into.the existing pond and wetlands immediately downstream if you could assure us that those wetlands would not be d--pined or filled. On 11 March 199-, we recieved a letter from V. Carter Worthy and Wright T. Dixon, III who own the property in que =ion (see attached). From that letter, it is not clear whether you w__l be able to offer the assurances that the pond/marsh will not be c--ained or filled. Therefore, -it is likely that an on-site stormwa-,__r pond will be required on your property to protect downstream wate-- quality. Please call me at -33-1786 as soon as possible to resolve this matter. Our preference =t-ill remains to protect the downstream pond and marsh to protect wa___ quality in the area but if you are unable to assure us that the pc-_d/marsh will remain, then design of an on- site pond will be needec. S .. ours, Jc_ R. Dorney Wa r Quality Ce t fication Program, 95472nst.ltr CC: Carter Worthy Wright Dixon DEM Raleigh REgion?__ Office Raleigh Field Offd:e Corps of ENgineers Central Files Leon Jernigan P.O. Box 29535, Raleigh, Norft *:?arolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opporfunrty Affit-- live Action Employer 50% recycled/ 10% post-consumer paper March 11, 1996 VIA HAND DELIVERY A. Preston Howard, Jr., P.E. Director Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Archdale Building 512 North Salisbury Street Raleigh, North Carolina 27604-1148 Re: Approval of 401 Water Quality Certification and Additional Conditions, Wake County DEM Project # 95472 Dear Mr. Howard: We are the owners of some 31 acres of land on the east side of Atlantic Avenue in Raleigh. Our property lies generally to the east and south of the intersection of Atlantic Avenue and Six Forks Road, and contains a pond in excess of 100,000 square feet. We are preparing plans to develop at least a portion of this property. Naturally, we look forward to working with you, DEHNR, the Corps of Engineers, and local officials in ascertaining the options potentially available to us for fulfilling our environmental responsibilities. It has recently come to our attention that unauthorized commitments may have been made regarding the future of our pond. According to a 401 Water Quality Certification and additional conditions you issued to our neighbor Beaver Creek Associates on May 24, 1995, Beaver Creek Associates has the obligation to either construct a stormwater facility on its own 7.85 acres, or to assure the continued existence of what are referred to without further explanation as "wetlands" on our property. We assume, without conceding that the pond constitutes "jurisdictional" wetlands, that the reference may include the pond. Since the plans Beaver Creek Associates filed with the City of Raleigh do not depict any stormwater facility on their property, Beaver Creek is apparently assuring DEHNR of the continued existence of our pond. q A. Preston Howard, Jr., P.E. March 11, 1996 Page 2 Beaver Creek Associates does not have the right to make such commitments. In fact, as owners of the pond and its surrounding property, we are carefully evaluating our options regarding its future. We ask that DEHNR be aware of our ownership, and not bind us to any unauthorized assertions made by-our neighbors. We would certainly like the opportunity to discuss with you our own plans for our property. We regret that events -- not the fault of you or us -- have made this request necessary. We certainly do not wish to jeopardize our relationship with you or-other environmental authorities. We should be back in touch with you shortly regarding our plans. In the meantime, please do not hesitate to give us a call if there is anything further we can explain or help you with. We do look forward to working with you. Sincerely, ?;q 4pt-?'?/ M. Carter Worthy Wright T. Dixon, III cc: Mr. John R. Dorney A DEM ID: ACTION ID: Nationwide Permit Requested (Provide Nationwide Permit M; -'er Roa- C"$S;KS a.d l1?? 8- JOINT FORM FOR M ? , e r Nationwide permits that require notification to the Corps of Engineers Nationwide permits that require application for Section 401 certification WIL.MIr1GTON DISTRICT ENGINEER CORPS OF ENGIN= DEPARTMENT OF THE ARMY P.O. Box 1890 Wilmington, NC 28402-1890 A=: CESAW CO-E Telephone (919) 251-4511 WATER QUALITY PLANNING DIVISION OF ENVIRONMENTAL MANAGEMENT NC DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES P.O. Boy. 29535 Raleigh, NC 27626-0535 ATTN: MR JOHN DORNEY Telephone (919) 733-5083 31995 ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS 01~ SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAG PLEASE PRINT. 1. Owners Name: 7"e r r U Fe-e- u e s 2. Owners Address: 3. Owners Phone Number (Home): 4. If Applicable: Agent's name or responsible corporate official, address, phone number. 2)1-. Leon S Str %%'JAK 2-r. (W#-?IAK CahsLkIl-dh 37/7 old FaitgrouKd Roe d,. ,. . - A l e 7 /7C n ? A)1 o 919 _ t7 9 S? 7X51 5. Location of work (MUST ATTACH MAP). County: W a Nearest Town or City: Rca le 1`q_? Specific Location (Include road numbers, landmarks, etc.): D H e o-!,+ s lds e i 441a„ It e. &z' le- etn /-aches 2?zl a kd 12-1/0 ' N,-,V-A ?; CuA 4-re.? CreekU 6. Name of Closest Stream/River. Crab ? Cre-ek 7. River Basin: N LA. --5 t- 8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS L or WS II? YES [ ] NO pQ 9. Have any Section 404 permits been previously requested for use on this property? YES QQ NO [ ] If yes, explain. P-P,'11 (Ac?;o 10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: L / at c r e- 11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: see.., ctosf%Na Z i4100 sj.f4, Filled: NWP /'? (-?-Ioo P;,??n? F???W?l/ah.I Cr_oSSin< ? ?3? /V4??/? x 3900 s? ? Drained: Flooded: Excavated: Total Impacted: 7x'00 S?;. P41 01/9 a e re e, ?Ncl?des both NW /) 12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): 4_ . LC,e G/....) I - 13. Purpose of proposed work: Ex120-s IIV• c,b u e Mt,-..? o f ex ?'s ?'HS w Beal I a ?.?1 r o ao? -PD-,r Go m merc L`n.Q de?ela,omew 14. State reasons why the applicant believes that this activity must be carried out in wetlan ds Also, note measures taken to minimize wetland impacts. Creef- iii rKCar??r.?n?, l -'s ro.A -,446 *'v' arrta 06` 1 Ax" ;", r..4C P. J. S ;dV- S/egos ?- r?Al.avt. ?eew cI..Ar.P 71 a. 1 rs?it? -4 M.LAAA i A fit_4AAwt ie$ of iA 15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service (NMFS) regarding the presence or any Federally listed or proposed for listing endangered or threatened sV s or critical ] habitat in the permit area that may be affected by the proposed project. Have you done so? YES 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 presence of historic properties in the permit area which may be affected by the proposed project? Have you done so? YES M NO [ J 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? Commtrc,'J 7JeJeloew,?-K-?' F. If applicable, what is proposed method of sewage disposal? Owner's Sian 3 Date NOTES 1 A5StiMin? q road C?o55;„5 wid'f{1 &!P S7?e?I jie s'fre.wt i5 /9?ae?} ' 44 or- 'Tdlta+ aµ? lo??-F w'dt --4v wr4ternw G+?o--4 slreo.??? eres5iKI i?•1??te- ?A rs S?hesr?1n!/AWau4t`tAl1e, NS TAt w A", 1, wev,?cQ reswQf r?, a w??(.l a` ,,0? aa? 'S ?- p ?e<'} w; a e CX 5 7 fee+) r (/ wle{1 r e-? ? e `a. r ..and ctoS5ru1Cil,VVP)?'f?, rl?Ka v asf? 1 lwll / AA 1 J ((// e,??I ??s ? .?Yd ? 1L l-m S ??q 04' 7?f aeaCP/at?N t?JGTI? r?aSe? U O `?S asSacia?+? w?t?1t D tf5 sow ,& Gb? '9-F f4 , W SEE -DATASHEFT5 S"8A1Trr-P wiik 1JW1m? &K 3May95 for de5cr?f?+?++ o-? -il --+ , ?f /?U Q 7828676 REEVES PROPERTIE 06i03i96 08:06 P01 rf? i y7 i! j i y ? I 10, /`? \\\ M ~ I Y t 1741 •: ?a?n ? .1Yr. 1 i f ?, f f f 1 i i• 7 t I I I i i i I 1 f I 1 • f f A1; ? . _ I L ?n I ? I k 1 t 1 t.lt4 ,,(?, ? • ? f 1 , 7 We4IA?(d r sac, ~ e?' R xke,,s,'r% ci 4s s n `for s PA F- y wok A/ WP# /V ?.H 'd -rdlOl Pews S+ke&w,ck&A"el Areco Of: t y 45:564IAW w'.4.11 A/W S&WOD 0307 LL- -4!r4&.4 p l\ x 201 ? I APO l? -? vow z0 ' d zeeLb68 01 ' 00 '8 S(IHHMQ3 'U NHOl WONJ £0 : Lt S66Z-6Z-Nnr 110 \ to VIA HAND DELIVERY March 11, 1996 A. Preston Howard, Jr., P.E. Director Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Archdale Building 512 North Salisbury Street Raleigh, North Carolina 27604-1148 U I ti ?Sr ? 1996 aTA„ _. MGT AtL&I MAR 19 1996 WATER QUAUN SECT" RECEIVED MAR 15 1996 EWIRONMENTAL SCIENCES Re: Approval of 401 Water Quality Certification and AdditionaTAkon`' Conditions, Wake County DEM Project # 95472 Dear Mr. Howard: We are the owners of some 31 acres of land on the east side of Atlantic Avenue in Raleigh. Our property lies generally to the east and south of the intersection of Atlantic Avenue and Six Forks Road, and contains a pond in excess of 100,000 square feet. We are preparing plans to develop at least a portion of this property. Naturally, we look forward to working with you, DEHNR, the Corps of Engineers, and local officials in ascertaining the options potentially available to us for fulfilling our environmental responsibilities. It has recently come to our attention that unauthorized commitments may have been made regarding the future of our pond. According to a 401 Water Quality Certification and additional conditions you issued to our neighbor Beaver Creek Associates on May 24, 1995, Beaver Creek Associates has the obligation to either construct a stormwater facility on its own 7.85 acres, or to assure the continued existence of what are referred to without further explanation as "wetlands" on our property. We assume, without conceding that the pond constitutes "jurisdictional" wetlands, that the reference may include the pond. Since the plans Beaver Creek Associates filed with the City of Raleigh do not depict any stormwater facility on their property, Beaver Creek is apparently assuring DEHNR of the continued existence of our pond. A. Preston Howard, Jr., P.E. March 11, 1996 Page 2 Beaver Creek Associates does not have the right to make such commitments. In fact, as owners of the pond and its surrounding property, we are carefully evaluating our options regarding its future. We ask that DEHNR be aware of our ownership, and not bind us to any unauthorized assertions made by our neighbors. We would certainly like the opportunity to discuss with you our own plans for our property. We regret that events -- not the fault of you or us -- have made this request necessary. We certainly do not wish to jeopardize our relationship with you or other environmental authorities. We should be back in touch with you shortly regarding our plans. In the meantime, please do not hesitate to give us a call if there is anything further we can explain or help you with. We do look forward to working with you. Sincerely, ?r? &?- 4'?' / M. Carter Worthy Wright T. Dixon, III cc: Mr. John R. Dorney s?k /?dJ J' h'l (u,f) Z LSS8Z VUTTOagO glaON 'A4TO P991192OW 69L xog 9OT990 lsod jaaaIS TTapuaaV TVVE quawabguew TrIsgo0 3o uoTsTATQ guTTOIED glaON aoT;30 TVUOTbaE AITO PEagaaOW aaBEurw ioTagsTQ 'sauor saTavgO 'aW S9£0£ gTbaoaO 'glugTIV 499alS PuETIanOD SVE AouabV UoTloagoad TE4u9wuoaTnuS 'S'II gougag spagsaalvM pug suEaoO 'spuET19M Al UOTBOU - uoTgoaS AaogrTnba-i SPUPT49M 99Tg0 'uaogTaM sgwogy 'aW 9TS8Z EuTToavo glaON 'IaO;ngaS pUVTs= saanTd aoTnaaS saiaausTd auTagW TEUOTIEN APaEg Aaagq • aW 9ZL£-9£9LZ PUTT0290 X14-ION 'gbtaTEg 9ZLEE xog aoT33O sod quawaouggug 99TTPTTM Pug gsTg eoTnaas 93TTPTTM Pug gsTd 'S:n aosTnaadns pTaTS L09LZ EuTToaEO gIaON 'gBTaTE-d pgo-d Naaa0 AP99 i Tomb saoanosa-d TEangeN Pug 'g4TE9g 'IuawuoaTnug 3o quawgagdaa euTToaEO gIaoN quawabguvw TgjuawuoaTnuS 3o uoTSTnTQ uoT?oaS ?C?TTgn?} aa?EM-' AauaoQ tzgor - -tW :pagsTuang saTdoO aaT??p pTai3 Aaoqujnbag UOIBUTwTTM aabgurw goaCoad aaggoTU 33ar 'ATeaaouTs '9E9b-TSZ (OT6) euogdaTaa qv pau5isaepun agq oq passeappE aq Arw squawwoo ao suoTlsana State of North Carolina Department of°Environment, Health and Natural Resources • • Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, , Secretary E H IV R A. Preston Howard, Jr., P.E., Director August 9, 1995 Wake County DEM Project # 95472 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Mr. Terry Reeves 2602 Cambridge Road Raleigh, N.C. 27608 FILE C O P Y Dear Mr. Reeves: ¦ You have our approval to place fill material in an additional 0.17 acres of wetlands or waters for the purpose of constructing a road crossing along the future ROW for Six Forks Road at Atlantic Avenue, as you described in your revised application dated 3 July 1995. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Numbers 2732 and 2733. These certifications allow you to use Nationwide Permit Numbers 14 and 18 when they are issued by the Corps of Engineers. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. For this approval to be valid, you must follow the conditions listed in the attached certification. Conditions to the wetland fill for commercial development of the adjacent tract (letter form DEM dated 5/24/95) are still applicable. In addition, you should get any other federal, state or local permits before you go ahead with your project. 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 Environmental Management under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786. Sincerel I ston How rd, Jr. RE Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office Raleigh DEM Regional Office Mr. John Domey Central Files Leon Jernigan; Needham and Jernigan 95472.1tr P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper DEM ID: ACTION ID. C? Nationwide Permit Requested (Provide Nationwide Permit #): / L" " I tier o a of 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 ATTN: CESAW CO-E Telephone (919) 251-4511 A/ 8- />9yKOr 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 (919) 733-5083 ,J U L 3 1995 ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CO",;$ MMIMM4T. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL PLEASE PRINT. 1. Owners Name: _ ?e r Rem y e S 2. Owners Address: 3. Owners Phone Number (Home): 4. If Applicable: Agent's name or responsible corporate official, address, phone number. 'b F-. Le-nn S_ .1tY o%it*&N_ `I^_ / LUQY/4Nj (20hritkll -&N 4? 3717 D(d Fairg?-ou?,al Road A I e 7ncnI 9I 9_st9L./--.73?5? .2 5. Location of work (MUST ATTACH MAP). County: Wake Nearest Town or City: Ra. le 1`a Specific Location (Include road numbers, landmarks, etc.): 0 m e a.s+ 42-c- i 441aw li e flue ' b e-1wee ? A4,eS S?? - AKd T q-V 0 N,*-A o; Cta.b 7TC Creek 6. Name of Closest Stream/River. CraCreek 7. River Basin: Ale-L.< e_ 8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO pQ 9. Have any Section 404 permits been previously requested for use on this property? YES D< NO [ ] If yes, explain. 0 10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: < / 2cre- 11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: Filled: NW F / Drained: Flooded. Excavated: Total Impacted: CroSsin?,?X30D??. / VWID lY x 370 $1. 44, 4111 L NwP) ,4_ 12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): rasa( 16. Ji _ r -17- 1 -J ... .. -?4- T Alt) n/ -AKa l 'r, )4r 1Z.-J 96 13. Purpose of proposed work: Exipo ws o,. /Tm pro w e ?,,e,,,? f ex t s ? it N w ee l a )-a r m Herr L'a Q e?elOOmeK?- 14. State reasons why the applicant believes that this activity must be carried out in wetlands Also, note measures taken to minimize wetland impacts. Che. J- rs ?Kcer?.ra? ?.?? ti? s re..d -A, m o?, area ales?o,. !2 cwt e,?c?!??t? S. o-F -? 15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service '"??•+ (NMFS) regarding the presence or any Federally listed or proposed for listing endangered orthreatened species or critical habitat in the permit area that may be affected by the proposed project. Have you done so? YES (XJ 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 presence of historic properties in the permit area which may be affected by the proposed project? Have you done so? YES X NO [ J 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? Co m m er e-U 7J eJ elo,or+, .'? F. If applicable, what is proposed method of sewage disposal? -1,0'1 ? a?.^ Yrr ee?es o5w?u.9'S Owner's Sign cure ? Date ?/oTFs 1 ?}sSriMiK? a ?'00.0. rvvss;Ni w;d+h oT S7{^ECI? ??.t ST1 laws i5 wN-? 44 )%r-'Tr iYeaN? aw.a? w'dt a-[ o?.ou?n?f f fe.o?w e,+? o.,Y.d 'fie. sJreo.?•a eres5?K5 ?N+?a c? i S x /?OOS????I, y+? af0. w-eFl• hr-,, ?OatAJ/{ls e sfre=w.l?o.?d A+la"?,`?flue, NS Tit `cp/ u? ?,`cIt weu?cQ re5??- ? K VU.4+4 .? r 07" $v-F wt?1 ,S `N e`a?? ? ??c?o55ik???P?`f?, T'/L?a?r`grl?M e N ;300sf,`7?, 00 r„mJ fie5 t.l'? ? rwi?n?y?.v? ?/se?plarrh u?t?-?? (/ D s fr7b 7 f f- Std O c? S o.s S o%i a LU 1w -5 S'o1w`H?e?s ?r ^ -9--J LO- cs ? d ? y ?!W P 1 `tS ?o, a,? d'f 14 1'?I wo..? / SEE DATASNFFTS SLA&MIT77,r NWPAGJOx D11 3MaY95 j?OY defa"il4- o? w-??1 A.,,ds , U Q 7828676 REEVES PROPERTIE 06/03.,96 08:06 pot oj" I 1 I I 1 I Ilk ?? ?,+.. ;ems / ?`? 3„ A*?C. :?.?•j -? .[iii ?? ? ", / / ?:s r m .'fib r • ? • ` ? ? 1 ?..? . ?,, ? r 1 ?^--?. i^? k fir' ` .?, •? i i? t n 39 ClhY`?„! Tcr Prepost? We4 Iahd Sin FrorkS oRd E Sie+? 04 e?G'f 4530tia`{e R .C w. ?ti N W P?#' l ?f z0 'd Idici ply! St?riw?clta„neI / . 1 ! l ! ? _ Areas of f W,4 I& A/UJP# Is&WOD t 1, a 0 1 (.0 loll 20 \ i r . ANO' tiy..?- ? ..........,.,.?- ? ? Avg. z0'd Z98Lb68 01 '00 2 SQddMm 'H NHOf WOdd £O:LS S661-6Z-Nflf U?? ?o U.S. ARMY CORPS OF ENGINEERS 61.9 WILMINGTON DISTRICT ??rUn Action lD. 9I s O m '7 County (J at GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner/Agent Description of Section 10 (River and Harbor Act of 1899) only. e0.dCM Jh Any violation of the conditions of the Regional General or Nationwide Permit referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal action. This Department of the Army Regional General/Nationwide Permit verification does not relieve the undersigned permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. . By signature below, the permittee certifies an understanding and acceptance of all terms and conditions of this permit. Property Owner/Authorized Agent Signature Regulatory Project Manager Signature _ Date Expiration a1.1 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. CT' : P) Y . L? M yoni ahn Da???, ? Ra tyh?r?iY?t?u?rlfeYi CESAW Form b91 J Doc 1993 Size and Location of project (waterbody, road name/number, town, etc.) f &A ? 1(1,2 M Ai I I IML Section 404 and Section 10. Regional General Permit or Nationwide Permit Number. . .1J DIVISION OF ENVIRONMENTAL MANAGEMENT July 10, 1995 MEMORANDUM TO: Judy Garrett ! _ ' _..!.. Raleigh Regional Office s 21 FROM: John Dorney RE: 401 Certification Review Please review the enclosed 401 Certification applications by July 24, 1995. Please call me if you or your staff have any questions, or need assistance in these reviews. PLEASE COMPLETE THE STAFF REPORT AND RECOMMENDATION FORM 1. Terry Reeves (2 week review) #95472 Wake County The other enclosed material (if any) is for your general information and use as appropriate. Enclosure i State of North Carolina Department of Environment, Aq? XT"? Health and Natural Resources AW 0 W2'i Division of Environmental Management James B, Hunt, Jr., Governor Jonathan B. Howes, Secretary C) E H N F=1 A. Preston Howard, Jr„ P.E., Director May 24, 1995 Wake County DEM Project # 95472 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Mr. Terry Reeves 2602 Cambridge Road Raleigh, N.C. 27608 FILE Copr' Dear Mr. Reeves: You have our approval to place fill material in 0.65 acres of wetlands or waters for the purpose of constructing a commercial development at eastside of Atlantic Avenue between Hodges Street and I-440, as you described in your application dated 3 May 1995. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 2671. This certification allows you to use Nationwide Permit Number 26 when it is issued by the Corps of Engineers. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. For this approval to be valid, you must follow the conditions listed in the attached certification. Additional conditions are that 1) the stream channel shall be relocated using DOT stream relocation guidelines (attached) and 2) stormwater from the commercial site shall be treated with an on-site stormwater pond or by sheetflowing into wetlands south of future Six Forks Road if the applicant can ensure that these wetlands will not be filled or drained. In addition, you should get any other federal, state or local permits before you go ahead with your project. 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 Environmental Management under Section 401 of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786. Sincerely, oPrn Howard, Jr. P. . Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office Raleigh DEM Regional Office Mr. John Domey Central Files Leon Jernigan; Needham, Jernigan & Associates 95472.1tr R0. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employar 50% recycled/ 10% post-consumer paper v Ale L4,t. a O C? Q 7828676 REEVES PROPERTIE 06/03/96 08:08 P0i ;m I u Al 1 ? !t \l - ff w ev? r ?. ?. I r. `I I Y j 1 J.?'Ik'1?m.1y`a r ` I g ? I G I ' F ' 1 f 1 j r I t r, 1 ' ? a F S t 7: r?r,r • s , ' 1 a _ May 22, 1995 Terry Reeves - Commercial Fill Wake County - RRO Consultant: Leon Jernigan On May 19, 1995 Danny Smith of the RRO met Mr. Leon Jernigan and conducted a site visit at the proposed commercial development on Atlantic Ave. During the site visit Mr. Jernigan agreed to move the stream channel and place a spreader/velocity dissipater device downstream from the subject impacts. In this instance, the RRO believes this to be a satisfactory manor in which to approach this site's stormwater and to both protect and utilize the observed highly functional downstream wetlands. The RRO recommends issuance of the subject 401 Certificate, provided that the aforementioned conditions are agreed to and that the permittee owns (or has control of the) the property on which the spreader device is positioned. Note: consideration should be given to the location of the Six Forks extension and the respective easements...) Please call if you have any questions? /ds WETLAND RATING WORKSHEET ' Fourth version Project name r z" Nearest road ?? ? v:% /rte ff?sf . County Wetland reams 3 acres Wetland width 'v /OD feet Name of evaluator :57 Wetland location Adjacent land use (within 1/2, mile, upstream, upslope, ?on pond or lake or, radius) on perennial stream ? forested/natural vegetation on intern?ittant stream e ? agriculture, u an sunurban? ` ,Q within interstrean? divid L] impervious surface`s oa: ? othee ? etation nt ve i D g na om {1) Soil series (2) i i ? predominantly organic - humus, muck, or peat _ predominantly n non-sandy (3) ? predominantly sarldy Flooding and wetness ? semipermanently to, permanently', flooded or inundated Hydraulic factors FiL(Iseasonally flooded or inundated ? steep topogr ?? intermittantly flooded or temporary [? ditched or anneli ed surface water ? total wetland width >100 feet ? no evidence of flooding or surface ''//!.'..'//:://?:1/,./f//.•/??///!///://////i//!!//!!/////.'/!//i!f/;///// water !/////;/i/!!/!l////!//////'!///?.`/!///////://!: .'!l /!:! ?,/! fee- Wetland type (select one)* ?? ? Bottomland hardwood forest ? Pine savanna Headwater forest ? Freshwater marsh ? Bog/fen ?2 ? Swamp forest ? Wet flat ? Ephemeral wetland ?• ? Pocosin ? Carolina Bay ? Bog forest ? Other *The rating system cannot be applied to sal t or brackish marshes or stream channels weight W ate storage _ x 4.00 z Wetland Score G? Bank/Shoreline st ilization ''- x 4.00 = , Pollutant removal x 5.40 = Wildlife habitat x 2.00 = ' Aquatic life value 3 x 4.00 = Recreation/Education ?- x 1.00 - ? G * Add 1 point if in sensitive watershed and > 10% nonp oint disturbance within 112 mile upstream, upslope, or radius ; 57 95y7Z Needham, Jernigan, & Associates, Inc. Environmental Consultants Robert N. Needham (910) 371-6082 Leon S. Jernigan, Jr., PhD. (919) 894-7882 3717 Old Fairground Road, Angier, N.C. 27501 3 May 1995 Mr. John Dorney Water Quality Planning MAY 1995 Division of Environmental Management NC Department of Environment, Health, and Natural Resources 11, P.O. Box 29535 Raleigh, NC 27626-0535 Dear Mr. Dorney: Enclosed you will find a permit application and supporting documents for a project on Atlantic Avenue in Raleigh, NC. The wetlands delineated on the site have been verified by Eric Alsmeyer of the U. S. Army Corps of Engineers and he has authorized use of Nationwide Permit # 26 for wetland impacts totalling 0.65 acre (see attached General Permit Verification). The client proposes commercial development for the site but no design plans exist at this time. The dirt road/path that enters the property from Atlantic Avenue (see base map) has created a damming effect on the unnamed tributary to Crabtree Creek. Without the damming effect, the wetlands would have been restricted to the small creek channel. We look forward to hearing from you in the near future. If you have any questions, please call. Sincerely, 45 Leon S. Jernigan, Jr., Ph.D. DEM ID: ACTION ID: 49 50 Nationwide Pe=dt Requested (Provide Nationwide Permit #): A 4o 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 ATTN: CESAW-CO-E Telephone (919) 251-4511 WATER QUALITY PLANNING DIVISION OF E VIRONNIENTAL MANAGEMENT NC DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES P.O. Bo: 29535 Raleigh, NC 27626-0535 ATTN: MR. ;OHN DORNEY Telephone (919) 733-5083 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: T rry Peeve -s 2. Owners Address: 02(.o_Oo2 C?r?abria+(ti Roao? R0./ei4l?. /uG .2?G0$ - - 3. Owners Phone Number (Home): 7 8,2- 8 6r75 (Work): 4. If Applicable: Agent's name or responsible corporate official, address, phone number: Le,or, S. ?1tr???1a+t. Tr, (?UC??a?te[CpwSJ4-..a 3717 0IdP.;rnre?,+? Real A45;e.t. Nc ;750 1 f6ne', q11-314-7892 5. Location of work (MUST ATTACH MAP). County: WaXe Nearest Town or City: RX le, /I? Specific Location (Include road numbers, landmarks, etc.): Q, E, s?`de *-P Ave- btiweta A(od e S S-? rtie f aa,., d Z 1H/6 ' Al. r4 C r atArce Cre tk 6. Name of Closest StreanvRiver: Cr-akfrtf- Crtek 7. River Basin: /Vets P 8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO b4 9. Have any Section 444 permits been previously requested for use on this property? YES [ ] NO N If yes, explain. 10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: L 1 acre 11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: Filled: 0, 6 5 acre _ Drained: Flooded: Excavated: Total Impacted: e , 6 5 cure 12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): A/° °/aa5 1?aye beep/ oars ?n a? Aresey%? . Chi e.H.+'rappse-s 4v Co%ver ? toas.- -g In CovK %AAcic.Q alC?se%n,++an7 13. Purpose of proposed work: Crea. e -,1-- 5 t+e 4- Cemwtercf?G?eut?/brK?,..?- 14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures taken to minimize wetland impacts. Proxy ?'? ? -f-b n1l" &-1- i 0-4-k-sec4 ;Ott 6xcenl, f.. 5+r-r- w? C14-At ' r, ?e we /o-wl s 4 ke i w? e. a`?e we.? a cre e .( by i4kd ; r f t e ad A--i crosses Y%e-,e r . 15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service (NMFS) regarding the presence or any Federally listed or proposed for listing endangered or threatened species or critical habitat in the permit area that may be affected by the proposed project. Have you done so? . YES ?(] NO[ ] RESPONSES FROM THE USFWS AND/OR NNIFS SHOULD BE FORWARDED TO CORPS. 16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic properties in the permit area which may be affected by the proposed project? Have you done so? YES 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 impact-ed 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, arach copy. E. What is land use of surrounding property? Cep,-4erc tV nee or?w+e of F. If applicable, what is proposed method of sewage disposal? ?r ?ta?es /til 9s wner's Si ture ate Q 7828676 REEVES PROPERTIE 06/03/96 08:08 P0i S I I / ,. •r. Y ,Y fem../• sMryN ?.? ! NIN r• P r '• ? Qom/ • I mm i .t 9 •r . 1 ; \ c N 29 . , 14 ?4... _ .•.. :4 a•. :..6 r .. l 'i'? .. 1 ?+?' .. l:: •'?r,?t? ; ... S??+iRIY. ?l? .3alnA •5.f YJ.S. ARMY CORPS OF ENGINEERS //"I/'z7 WILMINGTON DISTRICT a a q? . c . N•r/? ?; Action M. County. 7 GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION property owner/Agent r eC? S Address LLLL-Jl?' ?-' ??6r /..re /, Telephone No. road name/number, town. etc.) ^Dp Size and Locat on of project (waterbody. ' `?? 7?o Caw b??c ? ? ?? ? f srde e9r ye (MG- `4S f S• VA 01r -r -yyo del???e "' /G ? Description of Activity ro rc? C?rt???":r /?C ??f o i Section 404 (Clean Water Act. 33 USC 1344) only. Section 10 (River and Harbor Act of 1899) only. otWe m?/a ?/ x• 0. Js ae.e' -Section 404 and Section 10. egiam3l'tat?treta?palE o ationwide Permit Number. order, and/or or Nationwide pe mti referenced above may subject the Any violation of the conditions of the Regional Geral permittee to a stop work order, a restoration appropriate legal . This Department of the Army Regional General/Nationwide Permit verification does not relieve the undersigned pormittee of the responsibility to obtain any other required Federal, State, or local approv4permi pec? 11 may acedtq contact appr pri tp Stato gndCal aga`rr befog be in i n Srk. 401 w0c req'wlpa 14, By signature below, the permittee certifies an understanding and acceptance of all terms and conditions of this permit. proewty_Qm=r/Authorized Agent Signature Regulatory Project Manager Signature 17A11 I / Date?I Expiration Date ETC— MUST 13E ATTACHEr SURVEY PLATS. FIELD S B THIS FORM, F DELINEATION REQUIRED R AVAILABLE. THE YELLOW (FILE) COPY OF -?r. esaAW FOM ON Dw 103 1 C, T6 ?J 7-,•,. Soot I i 7 i Q I i 1 well,,.,,( ftcreky 4-o be- ;wt faded !9 4-C rt (1'&t c/Lt CJIa,?.N e L) 1 1 /S /p /.2s I t i? c Ito, .- s CA TA FC RM RCU71NE'NEiLAA10 OE G M1NA;,Cy ()U ?TLAND 0 387 CC c 'Netianos Delineation manuaO -- ProiecvEita:,P.,?.;?! Date: / M av 4 S AcpdeanvCwner. Ter?-V 2eeves Cjunrr Wa'C Investigator. r-, 4eom' Te.rK " Scats: N G I Do Normal C.rrsmsancas exist on trie sits? e? No Cammuniv IC: 13 the sits signift2nizy disturbed (Ar/pical Situation)? Yes (g ransec: 10: Is ale area a potential Problem Area? Yes 1?C?3 Plot 110: (If needed. exciain an reverse.) VEGETAT1O N Oorgnnsnt 218nt Soacies 3tratunl Indicator Oonrinsnt Plant Scecies St sni Indicator 1. F r`I?? IMLLS gm-4tWU,-.,,,e t, L'a.,% F . w 9. r-O KMWs S Y44 4d 57A#,,6 FACuj ` Z 51idi y n?Al-4 05L lo. Ui?9WMk„a 4C__.(,4- f'jlru AAr- 3. AcG c,?_ rulo?«--- ?_ F,+ C_ 11. R..AU IS 5-0, /.test - 4. ?,?. ?.cw,s w is row c«-h- FA C? 12. .,.. / s e. y,h e- S. ,9ti e? ne, cr..a ? `•-•? _ GAGW t 3. 61LA S 0 ^42"I'lS Cieft CW d. /4ct r N.eawKdo Sllrtib i4GW 14. Gr, C, 7. Saw I?GU.S CA -.aJe..S/'S !5;(r-t4 CW- Rd 1S. d yCb /rt Me d.,?Nita G• C, S. f>?/x I.t 5 52 r r?,t'?p? Sib ,rACW t 1 e. Percent of Oorrinant Sceeies that are 08L. PAC.Y or PAC 7 (excludl nq PAC-). Remarks: ?ly°?,v?v/?tj,41L v-ta?•• HYDROLOGY Recorded Cats (Describe in Rernarka): Stream. Lake. or Tide Gauge _ Aerial Pttotograohs /Inundated Other -No Recorded Oats Avaiable Wetland Hydrology indicators: Ptfmary Indicators: //'Saturated In Upper 12 Inches ? Water Marks ? Onft Unos Sacimant Oaoasits Fieid Cbsarvations: ? Drainage Patterns in Wetlands Saeandary Inclestors (2 at more requiredl: Oepth of Surface Water. " e2 On.) ?0:ddized Root Chwnels in Upper 12 Inches _ZWater-Stained Leaves Depth to Free Water In Flit: 0 - S fan.) _ Lacai Sail Survey Cats _ FAC•Neutral Tast 049th to Saturated Sap: o - 3 an.) Other (Explain in Remarks! Rerr+arks: SCRs Mao Unit Name (sense arts Phase: p-04ft1/y I,us,{a.,t,et f Qranage Casa: paid Observations Taxonomy (Subgrouci: Canrirm Maooed TV041 Yes No "014 ^esenenen• Death Matm Color Mottle Caicrs Morse Texturs. Gnoraoons. rb+enss) Nenron 1Munee0 Woistt (Muneed Mojerf AbvnaaneeiCann?et ?cruatvr?. Ito. A /o YZ 4/2 /vYR 4z(. A&, i Hydrio Soli Inalaston: _ Histosai _ Canaretions Histfo 8aicedon Hign Organic Content in Surfs" Layer in Sandy Sails Suitkao Odor Organic Stre"ng in Sangy Sods Aquic Moierwe Aegirne kl Listed an Loom HydAo Sails List ZRsduaing Candtions ?Listsd on Natdansi Hydria Soils List , ?G(eyed or Lavo-Mronu Cdors Other (6totain in R naxal ?• •? ¢.< DO I c o•. e?o'?1 u•• S L rnams: ew t. ?b••,a, s n d t e a 441- WETLAND DEi EAMINATI MN 'Hydropityda Vegstatian Preserit? ' Q No (Crdal (Crdel Wedand Hydrology Present? No Hydria Saps Present? es No Is this Samoiing Point 'Mthin a Wetland? es No Aernwks: Ca 71A PC RM RCUTINE'NE-iL MIM CEMSMlNA-MCN l cPLA& (1387 CCE Wetiancs Celineation.Manual) Protec'JSite: ?4/ 3? Aver ??akYh z Cate: l M4,y 95 Accileant/CWner. 7e' -e R"Vd Czunr?: c, 4A e Inwstfaatar: L I r State: N c_ 0o Normal C.rcumsmricas exist an the site? fe No Cammuniv 10: Is tris site sianificarray disturbed (Ar/picai Situation)? Yes a Transe= IC: Is trio area a potential Problem Area? Yes P!ot IC: (if nescsed. exclain an reverse.) VEGETATiC N DOrl"Ment grant Species Stratum Indicator Oomin.nt grant Species 3tratur" Indicator 1. heer raIPL46M C&_ F4c 9. /??dt.5 SD. yihr '? 2. Pi ?ws `I-r`eaLct _ F?4C to. S?i?t,/s-? s0• yiStt -' ._ XAitAX ;. AC2r HG41?KOCa rAr=too PAC, ??. P/If?I?CGw. 011NP? ?Lf- wt t Fatw4' r s. Ll,,.s•{,',..M s ?Ae.st FR C. ts. a. ?o+'?ieera ?a?r.•`at ?r?t MC, 14, 7. Pe•f ?eueaiss? s 4`trnfvt ?l? Ur w? G t S, 3. Ts x i e o"i- % u r-.sl I ? rt t. t? t e, Percent of Ootrtinant $00ese0 that are CEL. FACN or FAC (exaludinq PAC-). > 5()0/. a,. e FA C Rantarks: -3 o, rh es+s lie e re?u;ra.??+?,>L ' HYDROLOGY _ Raaatd.d Data (C.sonb, in R.rn;": _ Stream. Lake. at Tide Gaups _ A.risi Photaarsone _ Ctrs - No Recorded Oats Avadacle Wedand Hydrology Indicators: PrimarY Indicators: _ Inundated _ Saturated In Upper 12 Inches -Water Marks _ Onh lines _ Sodim.nt Deposits Reid Cbserv.tions: _ Drainage Patterns in Wetlands Soaond.ry Indicators (2 or more required): Depth of Surface Water: O C:odized Root Cvwnols in U pp.r 12 Inches Water-Stained Leaves Depth to Frs. Water in Pit: 7 -Z an.) _ _ Laeai Sod Survey Oats i S 7?a _ FAC-Noutral Test Depth to aturated So l: (in.) _ Cther (Explain in Remarks) Remarks: /9 b Sre.e. r/? flydl'?/o+? a ; •v?i C..4e,_ s 0^11 4e ?S•wtu,iwt</+?%?'?:tt? Mae Unit Name (J Isenss .ra Phasel: CAe-w •..??a Wake; Ctatnage Cass: (l9$ ?+ eueesr,ir? Q):lrr w4is. Dy1?*•e?•ep+ Reid Cbservosons Tmonarnv (Sulmouo): 1 G( < + Csnrirnf Maooea Tvpel Yes No P•eM ?eeenenen- Oootn %Uam Color Mottfo Calera Mauls Texture. Conoredons. 4nftton ("ir setl ?AOietl fMunsetl ?1a,atf Abunosnce,Ccnrrear Structure. na. A /OyR 6/(o S?,.c%y/e•w ?+ /revtvS a g„ /0 Y2 4/4 /DY T e4 v 5 ?.,C/ "tic Soil Indicators: Histosol _ Cancredons _ HistJa bioedon _ High Organic Content in Surfs" Laver in Sandv Sails _ Sualdlo Oder _ organic Stramung in Sangy Uds _ Aauio Moistures Regime _ Listed an Locsi Hvaria Soil flat _ Reducing Canaidons _ listed an National Hydric Soils list _ Cloyed or Law--k."' rcma Colors _ Other (I raisin in Rwnwxsl Remmus: A b sue.. ?.? 07 k y (C WETLAND DETEAMINATICN 'Rydr4hyda Vegetsdon Pre"th? ® No (C.rdo) Wodand Hydrology Present? Yes (?o Hydrio Sails Present? Yes 1 Ranks: (C.relel Is this Swr+pling Point'Nithin a Wetland? Yes doravea ov . ',rL^iITI IE F.EALT,- R _ U.S. ARMY CORPS OF ENGINEERS 'W'ILMINGTON DISTRICT ACtivP. ICS. -- - - --- County, - _1lyy?lG GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property 0-v% ner/Agent tl 1.?%L ?C.dt lit r t !? D-?Jw?1?A w?_ y'?1 Clrc?^ AG?'?r'?f ??' SG, Addre.is - _ ac Telephone No. _.-- Q -' W` '51%) Size and Location of project (w•aterbody, road name/number, town, etc.) 4 C+ >? >l1''c at C ? nL pa s _ .J P A i I A - - - r 11;,.. n 1- 1 • I ----.. J T Description of Activity -L/Section 404 (Clean Water Act, 33 USC 1344) only. -Section 10 (River and Harbor Act of 1899) only. ___Snnect``ian 404 and Section 10. c C _-Regional General Permit or N onwide Permit Number. Any violation of the conditions of the Regional General or :Nationwide Permit referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal action. This Department of the Army Regional General/Nationwide Permit verification does not relieve the undersigned permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permitter may need to contact appropriate State and local agencies before beginning work. Property Owr,e-lAuthorized Agent Sign Regulatory Project Manager Signature mate-. n. ?IL,.1qc1_5 SURVEY PLATS, FIELD SKETCH, WE; LAND DELINEATION FORM, ETC.. ;,10ST BE ATTACHED THF. YELLOW(FILE) COPY OF THIS FORA, IF REQUIRED OR AVAILABLE. By signature below, the permittee certifies an understanding and acceptance of all terms and conditions of this permit.