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HomeMy WebLinkAbout19980813 Ver 1_COMPLETE FILE_19980827Corporation Information SECRETARY OF CORPORATIONS Data Current as of 06/28/99 http://test.ucc.secstate.state.iic.us/corp/cgi-bin/Iistbycorp.I Information for GOULD, INC., CUSTOM BUILT HOMES Corporation Id: 0060749 Date of Corporation: Mar 20 1975 Corporation Status: ACTIVE PERPETUAL Category: Business Corporation [Duration:_ State of Incorporation: NC Country of Incorporation: UNITED STATES Registered Agent Information Registered Agent Name: STEPHEN C GOULD Address: 833A WAKE FOREST BUS. PARK City: WAKE FOREST State: NC Zip 27587 Filings Notice: Information presented on this Web site is collected, maintained, and provided for the convenience of the reader. While every effort is made to keep such information accurate and up-to-date, the Secretary of State does not certify the authenticity of information herein that originates from third parties. The Secretary of State shall under no circumstances be liable for any actions taken or omissions made from reliance on any information contained herein from whatever source or any other consequences from any such reliance. 1 of 1 7/8/99 3:31 PM Corporation Information http://test.ucc.secstate.state.nc.us/core/cgi-bin/Iistbycorl).I DEPARTMENT OF THE SECRETARY OF STATE ORPORATIONS Data Current as of 06/28/99 Information for GOULD CUSTOM BUILDINGS, INC. [Corporation Id: 0060748 Date of Corporation: Jul 9 1981 Corporation Status: MERGED ? Duration: PERPETUAL Category: Business Corporation State of Incorporation NC Country of Incorporation: UNITED STATES Registered Agent Information Registered Agent Name: STEPHEN C GOULD Address 833A WAKE FOREST BUS PK Fc i -ty: WAKE FOREST State: NC Zip: 28587 Filings Notice: Information presented on this Web site is collected, maintained, and provided for the convenience of the reader. While every effort is made to keep such information accurate and up-to-date, the Secretary of State does not certify the authenticity of information herein that originates from third parties. The Secretary of State shall under no circumstances be liable for any actions taken or omissions made from reliance on any information contained herein from whatever source or any other consequences from any such reliance. I of 1 7/8/99 3:29 PM n U.S. ARMY CORPS OF ENGINEERS Wilmington District Action L. 1999200$8 / 199920209 / 199920210 County: Wake GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Prope Authorized Owner Gould Con t c i Agent Rice & Associates Attn: Steve Rice Addres 833A t?ast Business Park Address 116 Now Edition Court Wake Forest. NC 27587 Cary. North Carolina 27511 Teleph a Number_ 919-556-2000 Telephone Number 919462-8474 The site s located southeast of the intersection of NC 98 and Old NC 98 (SR 1967), in Wake Forest, Wake C unty, North Carolina. The site is adjacent to an unnamed tributary of Richland Creek, above headwa rs. in the Neuse River Basin. Deycri Ion of Activi : This permit authorizes mechanized landclearing, excavation, the installation of pipes, d the placement of riprap associated with the construction of Crenshaw Hall Plantation subdivi on. Impacts to waters of the U.S. authorized by this permit include 0.024 acre for two utility line crossin under NWP 12 (AID 199820088), 0.26 acre (40 feet of channel, bank-to-bank width) for one road cr sing under NWP 14 (AID 199920209), and 0.04 acre of channel impacts for riprap check dams under N 26 (AID 199920210). Impact, to waters of the U.S. total 0.324 acre. Law! __2`Secdon 404 (Clean Water Act, 33 USC 1344) only. Section 10 (River and Harbor Act of 1899) only. Regional General Permit Number l2. 14. & 26 Nationwide Permit Number(s) Any vio tion of the conditions of the Regional General or Nationwide Permit referenced above may subject a permittee to a stop work order, a restoration order, and/or appropriate legal action. This De artment of the Army Regional General Permit or Nationwide Permit verification does not relieve It permittee of the responsibility to obtain any other required Federal, State, or local approv s/permits. The permittee may need to contact appropriate State and local agencies before beginni g work if you have any questions regarding the Corps of Engineers regulatory program, please c ntaet Todd Tugwell at telephone number (919) 876 - 8441 extension Regulat ry Project Manager Signature Expiration Date December 3. 2000 (nwo 12 & 14) Expiration Data Sep=bcr 15. 1_999 (nyp 26) SURVEIL PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE ATTACHED TO TH4 YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. CF: (Sty of Wake Forest Z00/Z00'd T060# 60:ZT 666T,L0'Inr U.S. Army Corps of Engineers Raleigh Regulatory Field Office 6508 Falls of the Neuse Road Suite 120 Raleigh, North Carolina 276 i 5 Phone: (919) 876-8441 Fax: (919) 876-5823 FAX COVER SHEET Date: ?- Message to: rl LA, jAA ` 73? 9 10 From: .-? M'J)A Total number of pages including cover page:. 07 If all pages are not received, please call 876-8441. Remarks: Zoo/T00'a T060# 80:ZT 666T,L0'Inr NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES ? A NCDENR JAMES B. HUNT JR. GOVERNOR WAYNE MCDEVITT SECRETARY A. PRESTON HOWARD, JR., P.E. DIRECTOR CERTIFIED MAIL RETURN RECEIPT REQUESTED Gould Construction 833 A, Wake Forest Business Park Wake Forest, NC 27278 DIVISION OF WATER QUALITY March 4, 1999 SUBJECT: NOTICE OF VIOLATION Crenshaw Hall Subdivision NC Hwy. 98 Wake County Dear Mrs. Davenport: On several occasions Mr. Steve Mitchell from the Raleigh Regional Office of the North Carolina Division of Water Quality (NCDWQ) (and on one occasion) Mr. Eric Fleck and Mr. Todd St. John from NCDWQ's Central Office conducted site visits at your project near N.C. s Highway 98 in Wake Forest. As a result of these visits it has been determined that you have placed fill material in Waters or Wetlands of the State. These activities are violations of Section 301 and Section 401 of the Clean Water Act and require prior authorization by the U.S. Army Corps of Engineers (USACOE) and NCDWQ. In order to bring your project into compliance you will be required to complete the enclosed application for a 401 Water Quality Certification. If you cannot show that you had no practicable alternative to the placement of stream in culvert at the Warmoven Road crossing you will be required to remove the culvert and conduct stream restoration. In addition, this road crossing has also removed the riparian buffer. Your 401 Water Quality Certification application must detail why these unauthorized buffer impacts have occurred and why you had no practicable alternative for this road crossing. Failure to adequately address these problems may result in the assessment of Civil Penalties of up to $10,000 per day per violation by the North Carolina Division of Water Quality. In addition, further enforcement actions may also be pursued against you by the U.S. Army Corps of Engineers, and or the U.S. Environmental Protection Agency (USEPA). Please respond to this Notice of Violation within 14 days upon your receipt detailing what measures you plan to implement to bring your project into compliance with the Clean Water Act and the Neuse River Riparian Buffer Rules and why these violations occurred. If you should have any questions regarding this matter please feel free to call Mr. Steve Mitchell of the Raleigh Regional Office at (919) 571-4700 or myself at (919) 733-1786. Cc: Todd Tugwell, USACOE Raleigh Field Office Kathy Matthews USEI'A Steve Mitchell, NCDWQ-RRO S:,aiidal Da Vci,polt, Rlcc: acid A,] o1.ldies Sincerely, Jo n Dorney W ter Quality Ceru Program P.O. Box 29535, RALEIGH, NORTH CAROLINA 27626.0535 PHONE 919-733-5083 FAX 919-733-9919 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER } e? ...?.? ?? CERTIFIED MAIL WDENR RETURN RECEIPT REQUESTED j Gould Construction 833 A, Wake Forest Business Park JAMES B. HUNT JR. Wake Forest, NC 27278 GOVERNOR 1 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY March 4, 1999 SUBJECT: NOTICE OF VIOLATION Crenshaw Hall Subdivision NC Hwy. 98 Wake County r Dear Mrs. Davenport: On several occasions Mr. Steve Mitchell from the Raleigh Regional Office of the North Carolina Division of Water Quality (NCDWQ) (and on one occasion) Mr. Eric Fleek and Mr. Todd St. John from NCDWQ's Central Office conducted site visits at your project near N.C. Highway 98 in Wake Forest. As a result of these visits it has been determined that you have placed fill material in Waters or Wetlands of the State. These activities are violations of Section 301 and Section 401 of the Clean Water Act and require prior authorization by the U.S. Army Corps of Engineers (USACOE) and NCDWQ. In order to bring your project into compliance you will be required to complete the enclosed application for a 401 Water Quality Certification. If you cannot show that you had no practicable alternative to the placement of stream in culvert at the Warmoven Road crossing you will be required to remove the culvert and conduct stream restoration. In addition, this road crossing has also removed the riparian buffer. Your 401 Water Quality Certification application must detail why these unauthorized buffer impacts have occurred and why you had no practicable alternative for this road crossing. Failure to adequately address these problems may result in the assessment of Civil Penalties of up to $10,000 per day per violation by the North Carolina Division of Water Quality. In addition, further enforcement actions may also be pursued against you by the U.S. Army Corps of Engineers, and or the U.S. Environmental Protection Agency (USEPA). Please respond to this Notice of Violation within 14 days upon your receipt detailing what measures you plan to implement to bring your project into compliance with the Clean Water Act and the Neuse River Riparian Buffer Rules and why these violations occurred. If you should have any questions regarding this matter please feel free to call Mf: Steve Mitchell of the Raleigh Regional Office at (919) 571-4700 or myself at (919) 733=1786. Cc: Todd Tugwell, USACOE Raleigh Field Office Kathy Matthews USEPA Steve Mitchell, NCDWQ-RRO Shanda Davenport, Rice and Associates Sincerely, ?Q Jo n Dorney W ter Quality Certi Program P.O. BOX 29535, RALEIGH, NORTH CAROLINA 27626-0535 PHONE 919-733-5083 FAX 919-733-9919 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/1 O% POST-CONSUMER PAPER 0706 Soil & Environmental Consultants, Inc. 244 West Millbrook Road ¦ Raleigh, North Carolina 27609 ¦ (919) 846-5900 ¦ Fax (919) 846-9467 March 18, 1998 Job # 98 3654 Rice & Associates CC: Gould Construction Co. Attn. Shanda Davenport Attn. Steve Gould 116 New Edition Court 833 A Wake Forest Business Park Cary, NC 27511 Wake Forest, NC 27278 919 462 8474 919 556 2519 919 462 8707 Fax 919 556 2001 Fax Re: Detailed Wetland/Neuse Basin Buffer Report: Crenshaw Hall Project Dear Ms. Davenport and Mr. Gould: PRELIMINARY WETLAND/NEUSE BASIN BUFFER REPORT On June 18, 1998 the property was traversed and the soils, vegetation and hydrology were evaluated according to procedures described in the "1987 US Army Corps of Engineers Manual for Identifying and Delineating Wetlands" and the April 1998 version of the Neuse Basin Rules. Based on these guidelines, we have determined that the tract contains both jurisdictional wetland and "Waters of the US" which are regulated by the USACE and the NC DEHNR- Division of Water Quality. We also identified stream channels within and adjacent to the project area which meet the current Neuse Basin Rule criteria for buffered channels (see Preliminary Wetland Man). There are four significant issues concerning this project. The first is that the tract contains jurisdictional wetlands that were field estimated to total approximately 1/3 acre. Impacts within these areas will count toward the 1/3 and 3 acre thresholds discussed in the Permitting Synopsis. The second issue is that the tract contains approximately 4800 linear feet of jurisdictional channel. Note that the Corps' policy regarding channels involves the recognition of two types of impact, minor and major. Basically, minor impacts occur within intermittent channels and major impacts occur within perennial channels that have a greater value in terms of stormwater retention, sediment removal, aquatic life, etc. The significance of this separation is that minor impacts count toward the 1/3 and 3 acre thresholds discussed Soil/Site Evaluation N Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigatioclre ¦ Environmental Audits rpt On-Site Waste 'T'reatment Systems, Evaluation and Desip-n tw r herein, and the major impacts count toward the 150 and 500 linear feet thresholds. This change in policy is somewhat favorable since the maximum amount of channel impact under the Nationwide Permit Program has been 500 linear feet. Impacts to channels greater that 500 feet have required an "individual permit" which involves a more rigorous process. For this project, channels (A), (B), and (C) will almost certainly be considered major impact areas and channel (D) will almost certainly be considered a minor impact area. Note that this determination can only be substantiated by a USACE staff member. The Division of Water Quality (DWQ) administers an entirely separate set of regulations regarding channel impacts, and they may have to be notified if permits for more than 150 linear feet are requested. Typically, storm water ponds are required by DWQ for commercial projects with more than 150 linear feet of impact, regardless of whether the impacts are to perennial or intermittent channels. Additionally, mitigation may be required, if DWQ determines that the channels contain "significant aquatic life" during a site meeting. For this project, channels (A), (B) and (C) probably contain significant aquatic life, and channel (D) almost certainly does not. In order to substantiate this determination, we would have to sample the channels for aquatic life according to procedures approved by DWQ, or have one of their staff members visit the site. If necessary, requirements for mitigation administered by DWQ can be fulfilled through payment of $125.00/ linear foot to the Wetland Restoration Fund, after an effort to "minimize" impact has been approved. The third issue is that the project is located in the Neuse River Basin and is therefore subject to the Neuse Basin Rules (NBR's) which went into effect on July 22, 1997. According to these new rules, existing vegetative buffers must be maintained around all lakes/ponds and on each side of perennial/intermittent channels within the Neuse River Basin. More specifically, this zone is made up of three sections that extend a total of 50 feet from the outer edge of all channels, ponds and lakes surrounded by "forest vegetation". The inner section is 10 feet wide and it must remain undisturbed (i.e. no timber can be removed unless it threatens the channel or a structure). The second section is 20 feet wide, and must contain "forest vegetation" (i.e. only trees with diameters greater than 12 inches can be removed). The outer section measures 20 feet, and although it too must contain forest vegetation all construction related activities are prohibited within all three sections. Possible exceptions to this rule include road crossings, utility crossings and water dependent structures (i.e. docks, boat ramps etc). Furthermore, sheet flow must be encouraged within all three sections, and adjacent drainage ditches must be constructed so that storm water does not form channels through the buffer zone. Note that DWQ defines an intermittent channel as one that flows for more than 48 hours after a 10 year or 24 hour storm event. This definition is extremely vague, but based on the results of several recent site visits with DWQ, we have determined that channels (A) (B) and (C) will almost certainly have to be buffered. Channel (D) is somewhat questionable. In other words, the upper limits of the buffer within channel (D) should be linear feet for channels, may be subjected to the "minimization process" and mitigation. Mitigation is a complex process that involves planning and monitoring. Under the current regulations, mitigation typically results from impacts to channels. Channel mitigation is intended to replace lost significant aquatic function and value. Therefore, this type of mitigation usually requires that meanders be created within constructed channels. Furthermore, side-slopes and beds must be re-vegetated, and rip-rap is discouraged. Mitigation requirements administered by DWQ may also be fulfilled through payment of $125/linear foot to the Wetland Restoration Fund. The probability of obtaining permits, permitting requirements and mitigation issues must be addressed on a case by case basis after the wetland survey has been evaluated with regard to the site plan. Please call if you have any questions. Sincerely, .a-X 4b- Steve Roberts Attachments: Preliminary Wetland Map detweddd.rpt August 20, 1998 KILL & ASSOCIATES Mr. John Dorney North Carolina Department of Environment and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Re: Crenshaw Hall Plantation Subdivision N.C. Highway 98 Wake Forest, North Carolina Dear Mr. Dorney: 9808 113 This letter is to request an exemption for a public street crossing of a Neuse River Basin stream. The proposed roadway, Warmoven Street, will connect to the proposed Hampton Road just south of its intersection with N.C. Hwy. 98. The proposed crossing is at the request and direction of the Town of Wake Forest to allow access to the adjacent property to the east. This internal connection will prevent the need for residents and their children to venture out onto N.C. Hwy. 98 to access the adjacent grocery store and other commercial properties under construction. The entire length of the subject property and the adjacent property to the east is separated by this stream that flows to the south. In addition, the Hampton Road and Warmoven Street roadways were required from a traffic flow and capacity standpoint for this area of the Town of Wake Forest both by the Town and NCDOT. The location of the proposed crossing will be the least intrusive location between the two properties. We are enclosing copies of plans and exhibits that illustrate the proposed crossing and the traffic issue. Very truly yours, Cc: Mr. Roe O'Donnell, P.E., Director of Public Works & Utilities, Town of Wake Forest 116 New Edition Court • Cary, North Carolina 27511 • Voice 919.462.8474 • Fax 919.462.8707 • Email: RiceAssoc@delto.com RICE& ASSOCIATES November 20, 1998 Mr. John Dorney Wetlands/401 Unit N.C. Department of Environment and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Re: Crenshaw Hall Subdivision NC Hwy 98 Wake Forest, North Carolina Dear Mr. Domey: I am writing to follow up on our September and October meetings with regard to the Warmoven Road crossing and utility impacts at Crenshaw Hall Plantation in Wake Forest, NC. In October, we sent an exhibit showing the areas and extent of impacts to you. We also gave you, at our September meeting, a set of construction plans for the subdivision. You were going to evaluate the plans for conformance with the Neuse Buffer rules. We need to know if the plans have been reviewed. Your staff was to look particularly at the outlet conditions of storm drain outfalls and the creek forking required by the Town of Wake Forest. It is our understanding that no permits are needed to complete the work as scheduled. If this is not the case, please let us as soon as possible and we will forward any needed information. Very truly yours, RICE & ASSOCIATES Shanda H. Davenport, P.E. Cc: Mr. Eric Fleek, DWQ Wetlands Unit Mr. Todd St. John, DWQ Wetlands Unit Mr. Steve Mitchell, DWQ Raleigh Regional Office Mr. Roe O'Donnell, Town of Wake Forest Mr. Chip Russell, Town of Wake Forest «> Mr. Eric Keravuori, Town of Wake Forest 00 Mr. Steve Gould, Gould Construction N Mr. Donnie Wrenn, Fowler Construction 116 New Edition Court . Cary, North Corolino 27511 . Voice 919.462.8474 . Fox 919.462.8707 • Emoil: RiceAsso(@delta.com RICE ASSOCIATES October 22, 1998 Mr. Todd Tugwell Raleigh Regulatory Field Office U.S. Army Corps of Engineers 6508 Falls of the Neuse Road Suite 120 Raleigh, North Carolina 27615 Re: Crenshaw Hall Subdivision NC Hwy 98 Wake Forest, North Carolina Dear Mr. Tugwell: I am writing to follow up on our site visit of October 20, 1998 with you, Roe O'Donnell, Chip Russell, and Eric Keravouri of the Town of Wake Forest; Eric Fleek, Steve Mitchell and Todd St. James of DWQ; and myself. You had asked that we supply some additional information about the extent of the channel impacts. We have attached a copy of a plan sheet delineating the channel impacts. We have impacted approximately 1 1 ,250 SF or 0.26 acres of channel in the newly constructed Warmoven Street crossing. This includes riprap aprons, both upstream and downstream which have not yet been installed. Two other areas of impact, which I meant to discuss with you on site, are two sanitary sewer crossings and some temporary riprap installed for erosion control purposes. Steve Mitchell of the Raleigh Regional Office of DWQ has looked at these areas and is aware of the impacts. We will impact approximately 1,050 SF of channel with two proposed sanitary sewer crossings. 750 SF of impact are within an easement outside the property. This property is owned by Calvin Ray and is not a portion of this project, but we have included the 750 SF towards the total impact for the project. One additional area of impact has already occurred. At the southwest corner of the site, we were required by Wake County erosion control to install riprap directly in the channel for erosion control purposes. This temporary stream impact is approximately 1 700 SF. The riprap will be removed once the site is stabilized and the creek banks restored. The total impact for the project, including the temporary riprap, the two utility crossings, and the road crossing is 0.32 acres or 14,000 SF. 116 New Edition Court . Cary, North Carolina 27511 . Voice 919.462.8474 . Fax 919.462.8707 • Email: RiceAssoc@delta.com Mr. Todd Tugwell October 22, 1998 Page 2 We have notified the contractor as to the immediate need to repair the erosion controls devices, on the commercial tract and at the rock dam at the outlet of the pipes. , P. E. Cc: Mr. Eric Fleek, DWQ Raleigh Regional Office Mr. Todd St. James, DWQ Raleigh Regional Office Mr. Steve Mitchell, DWQ Raleigh Regional Office Mr. Roe O'Donnell, Town of Wake Forest Mr. Chip Russell, Town of Wake Forest Mr. Eric Keravouri, Town of Wake Forest Mr. Steve Gould, Gould Construction Mr. Donnie Wrenn, Fowler Construction X, v 0 Should you need any additional information, please call and we will gladly supply it in a timely manner. Very truly yours, s,?-sG?.l STREAM EVALUATION FORM Project Name ?{.-? ON`?- River Basin: Location: ?.. Nearest Stream: Date: C? /Z Evaluator: County. w, / ' DWQ Project No.: Present? Field Parameters (Y/,1) Description Bed and Bank? Y.- /J Streambed substrate? Fibrous roots? Woody wetland plants? ? 't Algae resent? Wrack lines? Sediment on plants? S Organic laver in channel? A) A) Iron oxidizing bacteria/funaus? A) A Groundwater flow or discharge? Water in channel? Nick point in landscape? Aquatic life? Other. Position: Lat USGS Quad Name: Long: Indicated as stream on USGS topo or soil map? YES NO RECOMIvIENDATIO ' -cTnRMWATFR CHANNEL NT C G? Q.-C.G z NT MMITI, ` Stream field parameters/eg r. P ?`?Oe '''Edit Draw Image Qptions Search Query Help Add-On Packages 12j11j0jAjrj\/\j&jAjUajPx:1000 ft States: i S , 1 In iAja,- ? 6 To R? bev, INU LWwu WU L.IYvok" 1 QA•J1J Iwl JJJJ Ul. t. V - - ---Post-it' Fax Note James B. Hunt, it., uuv - -. Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director December 7, 1998 MEMORANDUM TO: John Dorney FRO : Eric Flee RE: Crenshaw Hall--Warmoven Road Crossings John, after reviewing the plans and coordinating wiih Steve (he was the original investigator) the following comments are offered: 1) The stream crossing indicated as #1 in highlight is not subject to NBR. 2) The stream crossing indicated as #2 in highlight is Subject to NBR. Unfortunately, this impact has already occurred. Culvert has been placed in the stream and the buffer is gone. Interestingly, this crossing Steve Mitchell originally identified as subject and instructed applicant not to impact-they did it anyway. Recommendation: Y) require removal of culvert from #2 above. If they claim that the project cannot be completed without the crossing they can ask for a variance-which staff will likely not support since they were told not to do the impact but did so anyway. No 401/NBR has been issued. Additionally, (as per Steve Mitchell; 12-8-98) there are some instream sediment and erosion control devices still installed and apparently there are now more than 150' of stream impacts on site-requiring a 401 for both NBR and streams. 2) Require removal and restoration of areas subject to NBR where instream sediment and erosion control devices are installed. 3) Require an amended application for the 150'+ stream impacts. Mitigation may be required if these?impacts have occurred on the stream denoted in highlight as #2 above as fish were obse ed. If there are any questions regarding this matter plea a let ine know. wetlands/401 Uni 1 4401 Reedy Creck R ad Raleigh, Noah Carolina 27607 Telephone 919-733-1786 FAX 4 733-9959 An Equul Opportunity Affirmative Action Ernploycr 50% recycled/10% post consumer paper NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 6tate 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 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT ANO NATURAL RESOURCES August 27, 1998 Mr. Steven Rice Rice and Associates 116 New Edition Court Cary, NC 27511 Dear Mr. Rice: Re: Crenshaw Hall Plantation Wake County DWQ # 980813 Thank you for your August 20, 1998 letter concerning a stream crossing for Warmoven Street near Hampton Road and NC 98. The enclosed application form must be completed and seven copies sent to the Division of Water Quality (DWQ) (with a copy also sent to the US Army Corps of Engineers) to begin our processing. This application must also address the stream and wetland fill that has previously occurred on the property. We have no record of any 401 Certifications issued for this area and therefore have concerns about the legality of the previous fill. Therefore we need to know: (1) The original extent of the streams and wetlands on the site, (2) When the stream and wetland fills occurred, (3) The length of impact for streams and the area of any wetland fill, (4) What stormwater management is planned for the developed site and (5) The location of sediment and erosion control measures. These issues must be addressed in your submittal for the road crossing. Please call me at 919-733-1786 if you have any questions. +on , omey cc : Steve Mitchell, DWQ Raleigh Regional Office Eric Fleek Roe ODonnell; Wake Forest Public Works and Utilities Central Files Raleigh Field Office, US Army Corps of Engineers wetlands/4ol Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/l0% post consumer paper IdC DWQ WQ ENVSCI Fax:919-733-9959 State of North Carolina ,,D,rfpartment of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director FAX TO: bclc- It C ?4 FROM- 7 3?- L P? PHONE: NO. OF PAGES INCLUDING THIS SHEET: -?Ue' CA? 'L 0AL)- Puar e LZ C ? ?'n' yam /b-Nr??-s. Dec 7 '98 10:49 P. 01,,'02 AA&4 4 PA D E N R Division of Water Quality Environmental Sciences Branch 4401 Reedy Creek Road Raleigh, N.C. 27607 FAX:(919) 7 3-9959 FAX NUMBER: b 71 --?71 C5 ?- _J _ _ -___ - ; N r ,p I {p / / ^ Z fQ NO , c z° Fqz+ F -v s O O` 4 le y ? ` v C a ? / y , , yam, ?, ,-' ^ - (DIN ?. or oll ?> • G N T , ? V 'may y r = ? mo Iwo M 4,. = A o. .?... « lee 'o rn 'rm X i I ?\ v v D? ? i cei T?4z f*?t 1 0l This Office is considering recommending to the Director that an enforcement action be pursued. Please clearly detail the above items and provide any additional information that you feel is relevant. Thank you for your attention to this matter. If you have any question please call Danny Smith at (19) 733- 1786 or me at (919) 571-4700. Water Quality Supervisor Sincerely, Kenneth Schuster Cc: Wake County Health Department Wetland Group - Danny Smith RRO - File Copy Re: Good' of Crenshaw Hall Subject: Re: Good'ol Crenshaw Hall Date: Tue, 6 Jul 1999 10:03:11 EST From: "Steven R. Mitchell" <St l e-Mitchell@???>•evr.state.nc.us> Organization: DENR - Raleigh Reg1o11 To: "Eric Fleek" <eric_fleek@h2o.enr.state .nc-us> That is a Steve Rice site. Wake Forest made them Put in the road Xing. You one where Todd discovered the basin without getting muddy, will remember the site as that you cannot walk across about the violation. No I have not done a thing C?' 1 J 2 ?'? ? vJ Y l/ r 0 ? J {11I' G1. ?` V \ f CJ\? 7/6/99 10.31 AM 1 ..1' 1 Wetlands Tracking Facility Name Crenshaw Hall Plantation S/D I County Wake Project Number 98 0813 County2 0 Inactive Region Raleigh Project Type purpose of I DCM Office Location I COE Office Raleigh 401s Last Total Total Total Mit Recvd Sent to Recvd Action 401 401 Totals Mit Recvd From Date Region Region Date Last Action Acres Feet Acres Feet 401 Total for Project Inspections/Molations Inspection Date Inspector Compliant 1 Letter Type Date John D From: Eric Fleek [eric_fleek@h2o.enr.state. nc.us] Sent: Tuesday, December 08, 1998 1:10 AM To: 'john_dorney@h2o.enr.state. nc.us' Cc: 'steve_mitchell @ rro.enr.state.nc.us' Subject: Crenshaw Hall Warmoven Rd Crossings And NBR In your inbox you will see a memo and the important data regarding this issue. The file (6" thick) is in the on hold file (Wake Co.). The green highlight #1 is stormwater and not subject. #2 in green highlight is subject and is already impacted-despite Steve telling them that it was subject and not to impact it. I definitely think we should try and make them remove the culvert. Failing that, an after-the-fact variance- heavily conditioned (maybe coupled with a fine since Mitchell told them specifically not to impact this area) may suffice. Steve, please feel free to give us your recommendations also. N 11 1. ? ? f, /t 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 December 7, 1998 MEMORANDUM TO: John Dorney FROM: Eric Flee' RE: Crenshaw Hall-Warmoven Road Crossings 1 F?W'A • NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES John, after reviewing the plans and coordinating with Steve (he was the original investigator) the following comments are offered: 1) The stream crossing indicated as #1 in highlight is not subject to NBR. 2) The stream crossing indicated as #2 in highlight is subject to NBR. Unfortunately, this impact has already occurred. Culvert has been placed in the stream and the buffer is gone. Interestingly, this crossing Steve Mitchell originally identified as subject and instructed applicant not to impact-they did it anyway. Recommendation: 1) require removal of culvert from #2 above. If they claim that the project cannot be completed without the crossing they can ask for a variance-which staff will likely not support since they were told not to do the impact but did so anyway. No 401/NBR has been issued. Additionally, (as per Steve Mitchell; 12-8-98) there are some instream sediment and erosion control devices still installed and apparently there are now more than 150' of stream impacts on site-requiring a 401 for both NBR and streams. 2) Require removal and restoration of areas subject to NBR where instream sediment and erosion control devices are installed. 3) Require an amended application for the 150'+ stream impacts. Mitigation may be required if these impacts have occurred on the stream denoted in highlight as #2 above as fish were observed. If there are any questions regarding this matter please let me know. Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 500/x, recycled/10% post consumer paper I&• RICE & ASSOCIATES November 20, 1998 Mr. John Dorney Wetlands/401 Unit N.C. Department of Environment and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Re: Crenshaw Hall Subdivision NC Hwy 98 Wake Forest, North Carolina Dear Mr. Dorney: I am writing to follow up on our September and October meetings with regard to the Warmoven Road crossing and utility impacts at Crenshaw Hall Plantation in Wake Forest, NC. In October, we sent an exhibit showing the areas and extent of impacts to you. We also gave you, at our September meeting, a set of construction plans for the subdivision. You were going to evaluate the plans for conformance with the Neuse Buffer rules. We need to know if the plans have been reviewed. Your staff was to look particularly at the outlet conditions of storm drain outfalls and the creek forking required by the Town of Wake Forest. It is our understanding that no permits are needed to complete the work as scheduled. If this is not the case, please let us as soon as possible and we will forward any needed information. Very truly yours, RICE & ASSOCIATES -zg,.Q. 4A. Shanda H. Davenport, P.E. Cc: Mr. Eric Fleek, DWQ Wetlands Unit Mr. Todd St. John, DWQ Wetlands Unit Mr. Steve Mitchell, DWQ Raleigh Regional Office Mr. Roe O'Donnell, Town of Wake Forest Mr. Chip Russell, Town of Wake Forest Mr. Eric Keravuori, Town of Wake Forest Mr. Steve Gould, Gould Construction Mr. Donnie Wrenn, Fowler Construction 116 New Edition Court . Cary, North Carolina 27511 . Voice 919.462.8474 • Fax 919.462.8707 • Ennoil: Riceksoc(u)delta.conr Ii I&A RICE& ASSOCIATES November 20, 1998 ;r Mr. John Dorney Wetlands/401 Unit N.C. Department of Environment and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Re: Crenshaw Hall Subdivision NC Hwy 98 Wake Forest, North Carolina Dear Mr. Dorney: NOV z 4r91i ?^. n S?'r,,., I am writing to follow up on our September and October meetings with regard to the Warmoven Road crossing and utility impacts at Crenshaw Hall Plantation in Wake Forest, NC. In October, we sent an exhibit showing the areas and extent of impacts to you. We also gave you, at our September meeting, a set of construction plans for the subdivision. You were going to evaluate the plans for conformance with the Neuse Buffer rules. We need to know if the plans have been reviewed. Your staff was to look particularly at the outlet conditions of storm drain outfalls and the creek forking required by the Town of Wake Forest. It is our understanding that no permits are needed to complete the work as scheduled. If this is not the case, please let us as soon as possible and we will forward any needed information. Very truly yours, RICE & ASSOCIATES Shanda H. Davenport, P.E. Cc: Mr. Eric Fleek, DWQ Wetlands Unit Mr. Todd St. John, DWQ Wetlands Unit Mr. Steve Mitchell, DWQ Raleigh Regional Office Mr. Roe O'Donnell, Town of Wake Forest Mr. Chip Russell, Town of Wake Forest Mr. Eric Keravuori, Town of Wake Forest Mr. Steve Gould, Gould Construction Mr. Donnie Wrenn, Fowler Construction 116 New Edition Cairo . Cary, North Carolina 27511 . Voice 919.467.8474 . tax 919.467.8707 . [moil: RiceAssoc(b)delto.com 111 I &A RICE & ASSOCIATES August 20, 1998 Mr. John Dorney North Carolina Department of Environment and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 9808 1: Re: Crenshaw Hall Plantation Subdivision N.C. Highway 98 Wake Forest, North Carolina Dear Mr. Dorney: This letter is to request an exemption for a public street crossing of a Neuse River Basin stream. The proposed roadway, Warmoven Street, will connect to the proposed Hampton Road just south of its intersection with N.C. Hwy. 98. The proposed crossing is at the request and direction of the Town of Wake Forest to allow access to the adjacent property to the east. This internal connection will prevent the need for residents and their children to venture out onto N.C. Hwy. 98 to access the adjacent grocery store and other commercial properties under construction. The entire length of the subject property and the adjacent property to the east is separated by this stream that flows to the south. In addition, the Hampton Road and Warmoven Street roadways were required from a traffic flow and capacity standpoint for this area of the Town of Wake Forest both by the Town and NCDOT. The location of the proposed crossing will be the least intrusive location between the two properties. We are enclosing copies of plans and exhibits that illustrate the proposed crossing and the traffic issue. Very truly yours, RICCZCIAT nail. R2'e, P.E. Cc: Mr. Roe O'Donnell, P.E., Director of Public Works & Utilities, Town of Wake Forest 116 New Edition Court • Cary, North Carolina 27511 • Voice 919.462.8474 • fox 919.462.8707 • Email: RiceksocPdelta.com 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 D E N R Division of Water Quality Environmental Sciences Branch 4401 Reedy Creek Road Raleigh, N.C. 27607 FAX:(919) 733-9959 FAX TO: ? ?V- C' )AI'f C 4 (1 1 FAX NUMBER: 6-71 -471V FROM: ??- PHONE: 7 33- f 7 P? NO. OF PAGES INCLUDING THIS SHEET: R, I S ?e?el ??? _,L CAI - /Lq 0, P lsC a' C (? f Az lcyaw ???+ ?°' yam= ?- ?t?j L--,1„C,'/ s ? N I ------------ ----\? CP tp. rv -0 m i / / N S 9 c? 2z L cn ?Zw i ` 's/j .' ?? D I W >? i v .46 4 14 c i w 10% N (D 4 ?z ` .1 wo i i O /, ? /? N ' n n? ?? ?'? i %0 ? OHO N o? C i C). 8 co '/ rn ONO ?? , m m _ -----? ? ,? N N ?/ _ J _____ - ------ 41 N N / /' /-?- v l I 40 tpw r ? ? • N?? ? I t w? 'r z < I ?? i z?rz I 1 v Eric -F From: Steven R. Mitchell [smitchell@rro.enr.state.nc.us] Sent: Monday, December 07, 1998 7:52 PM To: Eric Reek Subject: RE: Crenshaw Hall Warmoven Rd Crossing the line originating at #2 through D into phase 5 is stormwater. the one that says existing zoning line was subject. Eric -F From: Steven R. Mitchell [smitchell@rro.enr.state.nc.us] Sent: Tuesday, December 01, 1998 9:02 PM To: Eric Fleek Subject: Re: Crenshaw Hall Warmoven Rd Crossing Not knowing which one is considered Warmoven..... the one that Todd went into the sediment basin on is the one in violation of NBR. The crossing towards Hwy 98 was over a stormwater channel that is now free flowing because of the ditching. In addition, there is a sediment basin instream on the main chanel that Rice was told not to do, but says the Town told him he had to do so. From: "Eric Fleek" <eric fleek@h2o.enr.state.nc.us> To: "'steve mitchelI@rro.enr.state.nc.us"' <steve_mitchell@rro.enr.state.nc.us> Subject: Crenshaw Hall Warmoven Rd Crossing Date: Tue, 1 Dec 1998 08:56:20 -0000 Steve, I've been here once (and was mostly looking at fish and watching Todd drown in sediment basins). Is the crossing compliant with NBR? If remember correctly, you told them not to put in this particular crossing but they did it anyway. Am I remembering this correctly or is the Warmoven crossing the one you said was O.K? please let me know at your earliest convenience. 1 Eric Reek From: Steven R. Mitchell [Steve-M itchell @ rro. en r. state. nc.us] Sent: Tuesday, February 23, 1999 1:27 PM To: Eric Fleek Subject: RE: You da man Is the sheet flow meeting still on for tomorrow? Did not know whom to write and thought that you might know. Is the Wilmington trip on? I would like to go. Then whayt about the Stake Holders Stuff on Friday? I must be a mushroom.. They keep me in the dark and feed me S.J. As far as Crenshaw.... the last thing we did was to require that they remove the culvert or ask for a variance. I will not support a variance since I told them that stream was subject to protection and not to impact it. They still have erosion and sediment control in stream and the impacts are greater than 150 feet. The have no 401 that I can find and no varaince or alt/anal for NBR. MITIGATE!!! plkn Pet, she (9kD 7-5T ,?4o N37 ?om?,,Zx -b"o 4,61MC&I 3 4ecok?eL aiv-e-e )(?q'7 Cry., fvlaMm- sID ? aiJk O\Q 'VOauv\ Uro,?a?' v,4?cciv, aamv,4 (Ycamcc(g) N13p r? ? ?UAR? ?(?,tmr.Pn.. 14R'7 Q?s T-1 0-- Sic Q? lJLS 18 ?ae C.?nvnvte-Qs ? Aso c.?E ?B?Z Mai9 8 b s;`? l4Rt ?ai?e t s ie,?.-- vross? ?s IDt? fc,?o?? (Say ea '?? NI,J? f? ° U q-/Zf) - ? COV+YD ov, GtA Aax?09' aam ytj OJ? O AdAPP- kolv? L-- c M s Ka,6e- ?ilp-nla3?- , ,t- road' em?i> y re?J X-4 cuD - fin- saw; a f3 ?wa?? S, -? 'Ik sov AA y1ti, ;-,e ?,,'A;/, W;OA ?y 'F ? ---comes - F-a-l- f ", A Y QJ.7JRQ? ..., \AJ Sa ? ?wi,? S?re9.? ?oA ?s C6n5?04 WLs - 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 * • Aoft NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES August 27, 1998 Mr. Steven Rice Rice and Associates 116 New Edition Court Cary, NC 27511 Dear Mr. Rice: Re: Crenshaw Hall Plantation Wake County DWQ # 980813 Thank you for your August 20, 1998 letter concerning a stream crossing for Warmoven Street near Hampton Road and NC 98. The enclosed application form must be completed and seven copies sent to the Division of Water Quality (DWQ) (with a copy also sent to the US Army Corps of Engineers) to begin our processing. This application must also address the stream and wetland fill that has previously occurred on the property. We have no record of any 401 Certifications issued for this area and therefore have concerns about the legality of the previous fill. Therefore we need to know: (1) The original extent of the streams and wetlands on the site, (2) When the stream and wetland fills occurred, (3) The length of impact for streams and the area of any wetland fill, (4) What stormwater management is planned for the developed site and (5) The location of sediment and erosion control measures. These issues must be addressed in your submittal for the road crossing. Please call me at 919-733-1786 if you have any questions. +Jon , omey c c: Steve Mitchell, DWQ Raleigh Regional Office Eric leek Roe O'Donnell; Wake Forest Public Works and Utilities Central Files Raleigh Field Office, US Army Corps of Engineers 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 Soil & Environmental Consultants, Inc. 244 West Millbrook Road ¦ Raleigh, North Carolina 27609 ¦ (919) 846-5900 ¦ Fax (919) 846-9467 March 18, 1998 Job # 98 3654 Rice & Associates CC: Gould Construction Co. Attn. Shanda Davenport Attn. Steve Gould 116 New Edition Court 833 A Wake Forest Business Park Cary, NC 27511 Wake Forest, NC 27278 919 462 8474 919 556 2519 919 462 8707 Fax 919 556 2001 Fax Re: Detailed Wetland/Neuse Basin Buffer Report: Crenshaw Hall Project Dear Ms. Davenport and Mr. Gould: PRELIMINARY WETLAND/NEUSE BASIN BUFFER REPORT On June 18, 1998 the property was traversed and the soils, vegetation and hydrology were evaluated according to procedures described in the "1987 US Army Corps of Engineers Manual for Identifying and Delineating Wetlands" and the April 1998 version of the Neuse Basin Rules. Based on these guidelines, we have determined that the tract contains both jurisdictional wetland and "Waters of the US" which are regulated by the USACE and the NC DEHNR- Division of Water Quality. We also identified stream channels within and adjacent to the project area which meet the current Neuse Basin Rule criteria for buffered channels (see Preliminary Wetland Map). There are four significant issues concerning this project. The first is that the tract contains jurisdictional wetlands that were field estimated to total approximately 1/3 acre. Impacts within these areas will count toward the 1/3 and 3 acre thresholds discussed in the Permitting Synopsis. The second issue is that the tract contains approximately 4800 linear feet of jurisdictional channel. Note that the Corps' policy regarding channels involves the recognition of two types of impact, minor and major. Basically, minor impacts occur within intermittent channels and major impacts occur within perennial channels that have a greater value in terms of stormwater retention, sediment removal, aquatic life, etc. The significance of this separation is that minor impacts count toward the 1/3 and 3 acre thresholds discussed vironmental Audits Soil/Site Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigatiox, ¦?? fpt CtWP, On-Site Waste Treatment Systems, Evaluation and Design herein, and the major impacts count toward the 150 and 500 linear feet thresholds. This change in policy is somewhat favorable since the maximum amount of channel impact under the Nationwide Permit Program has been 500 linear feet. Impacts to channels greater that 500 feet have required an "individual permit" which involves a more rigorous process. For this project, channels (A), (B), and (C) will almost certainly be considered major impact areas and channel (D) will almost certainly be considered a minor impact area. Note that this determination can only be substantiated by a USACE staff member. The Division of Water Quality (DWQ) administers an entirely separate set of regulations regarding channel impacts, and they may have to be notified if permits for more than 150 linear feet are requested. Typically, storm water ponds are required by DWQ for commercial projects with more than 150 linear feet of impact, regardless of whether the impacts are to perennial or intermittent channels. Additionally, mitigation may be required, if DWQ determines that the channels contain "significant aquatic life" during a site meeting. For this project, channels (A), (B) and (C) probably contain significant aquatic life, and channel (D) almost certainly does not. In order to substantiate this determination, we would have to sample the channels for aquatic life according to procedures approved by DWQ, or have one of their staff members visit the site. If necessary, requirements for mitigation administered by DWQ can be fulfilled through payment of $125.00/ linear foot to the Wetland Restoration Fund, after an effort to "minimize" impact has been approved. The third issue is that the project is located in the Neuse River Basin and is therefore subject to the Neuse Basin Rules (NBR's) which went into effect on July 22, 1997. According to these new rules, existing vegetative buffers must be maintained around all lakes/ponds and on each side of perennial/intermittent channels within the Neuse River Basin. More specifically, this zone is made up of three sections that extend a total of 50 feet from the outer edge of all channels, ponds and lakes surrounded by "forest vegetation". The inner section is 10 feet wide and it must remain undisturbed (i.e. no timber can be removed unless it threatens the channel or a structure). The second section is 20 feet wide, and must contain "forest vegetation" (i.e. only trees with diameters greater than 12 inches can be removed). The outer section measures 20 feet, and although it too must contain forest vegetation all construction related activities are prohibited within all three sections. Possible exceptions to this rule include road crossings, utility crossings and water dependent structures (i.e. docks, boat ramps etc). Furthermore, sheet flow must be encouraged within all three sections, and adjacent drainage ditches must be constructed so that storm water does not form channels through the buffer zone. Note that DWQ defines an intermittent channel as one that flows for more than 48 hours after a 10 year or 24 hour storm event. This definition is extremely vague, but based on the results of several recent site visits with DWQ, we have determined that channels (A) (B) and (C) will almost certainly have to be buffered. Channel (D) is somewhat questionable. In other words, the upper limits of the buffer within channel (D) should be detwetUrpt measured from point 91. However, certain indicators used by DWQ for this determination are present up to point #2 (see Preliminary Wetland Map). Also note that projects that involve timber harvests conducted after the effective date of the NBR's, may be forced to re-vegetate within the buffer and fines of up to $10,000/day can be imposed while compliance issues are settled. The fourth issue is that we observed a sediment and erosion control measure located within channel (B), which almost certainly meets the current NBR criteria for buffered channels. It is our understanding that this sediment and erosion control measure is a NBR violation. Therefore, if this measure was required as part of your sediment and erosion control plan, we suggest that you retain all relevant documentation. To proceed with the wetland evaluation process, the following sequence is recommended: a detailed wetland/channel evaluation; a wetlands/channel survey; an impact evaluation (site plan vs. wetland/channel); and then a permit application, if necessary. Permitting Syopsis S&EC has not reviewed a final site plan nor a wetland survey for this property and cannot accurately assess the permitting needs. However, applications for Nationwide Permits can be submitted if the project is designed to impact less than 500 linear feet of channel and less than 3 acres of wetland. Projects that exceed these impact thresholds require an Individual Permit which involves a more rigorous analysis to determine whether or not the proposed impact is the "least environmentally damaging practical alternative". The individual permit process should be avoided since it typically involves compensatory mitimation. Wetland impact permits are issued on a per-project basis as determined by the Corps. In other words, impacts on parcels that have been sub-divided from larger tracts are sometimes considered to be cumulative to existing impacts for the original tract. If this is the case, then thresholds discussed herein may not apply, and any proposed impact to wetland/channel must be considered with regard to existing permits. Prior construction notification is not required by the Corps or DWQ for projects that: are above headwaters, involve the use of only one permit, have less than 150 linear feet of channel impact and have less than 1/3 acre of wetland impact. Impacts below headwaters require pre-construction notification to the Corps and DWQ, regardless of the impact area. Headwaters are defined as a stream with an average flow of 5 ft3/second, or a drainage area of 3,500 acres. Impacts resulting from commercial development that require notification to DWQ typically require a storm water pond. Projects that involve impacts to wetlands in excess of the 1/3 acre for wetlands, and 150 detwetU rpt linear feet for channels, may be subjected to the "minimization process" and mitigation. Mitigation is a complex process that involves planning and monitoring. Under the current regulations, mitigation typically results from impacts to channels. Channel mitigation is intended to replace lost significant aquatic function and value. Therefore, this type of mitigation usually requires that meanders be created within constructed channels. Furthermore, side-slopes and beds must be re-vegetated, and rip-rap is discouraged. Mitigation requirements administered by DWQ may also be fulfilled through payment of $125/linear foot to the Wetland Restoration Fund. The probability of obtaining permits, permitting requirements and mitigation issues must be addressed on a case by case basis after the wetland survey has been evaluated with regard to the site plan. Please call if you have any questions. Sincerely, , L-A-41;- Steve Roberts Attachments: Preliminary Wetland Map detwetU rpt I J,L `-'u(? ? Sze RICE& ASSOCIATES March 4, 1999 Mr. David Brooks State Historic Property Office 109 E. Jones Street Raleigh, North Carolina 27601 RE : Winn Dixie, Wake Forest, NC Dear Mr. Brooks: W'? Our firm is making application to the North Carolina Department of Environment and Natural Resources, Division of Water Quality for a 401 /404 certification for a stream relocation in conjunction with the construction of a grocery store. The site is an 8.77 acre site at the southwest quadrant of NC Hwy 98 and US Hwy 1. 1 am sending a copy of the proposed site plan and a portion of the USGS quadrangle with the location of the site highlighted. We are providing you this information as part of the documentation process for the 401 permit. Should you need any additional information or have any questions, please call me at 462-8474. Sincerely, RICE & ASSOCIATES Shanda H. Davenport, P.E. Cc: Mr. Robert Jones, State Properties Mr. John Dorney, Division of Water Quality 116 New Edition Court . Cary, North Carolina 27511 . Voice 919.462.8474 . Fax 919.462.8707 . Email: RiceAssoc@delta.com March 4, 1999 Ms. Susan Giles North Carolina Natural Heritage Program P.O. Box 27687 Raleigh, North Carolina 2761 1-7687 RE : Winn Dixie, Wake Forest, NC Dear Ms. Giles: I ?, N01103S A111 f) HM VM .??. d110ilu M RICE & g ASSOCIATES ?7 ?--Vll Our firm is making application to the North Carolina Department of Environment and Natural Resources, Division of Water Quality for a 401/404 certification for a stream relocation in conjunction with the construction of a grocery store. The site is an 8.77 acre site at the southwest quadrant of NC Hwy 98 and US Hwy 1. 1 am sending a copy of the proposed site plan and a portion of the USGS quadrangle with the location of the site highlighted. We are providing you this information as part of the documentation process for the 401 permit. Should you need any additional information or have any questions, please call me at 462-8474. Sincerely, RICE & ASSOCIATES Shanda H. Davenport, P.E. Cc: Mr. Robert Jones, State Properties Mr. John Dorney, Division of Water Quality 116 New Edition Court . Cary, North Carolina 27511 . Voice 919.462.8474 . fox 919.462.8707 . 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