Ver _COMPLETE FILE_19890419

State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street · Raleigh, North Carolina 27611

James c. Martin, Governor
William W. Cobey, Jr., Secretary

April 19, 1989

R. Paul Wilms
Director

Mr. Ted L. Waters, P.E.
Barrett Kays and Associates
304 East Jones Street
Raleigh, NC 27601

subject: Proposed Fill in
Headwaters or Isolated
Wetlands
Planter's Walk
Wake County

Dear Mr. Waters:

Upon review of your request for Water Quality
Certification to place fill material in wetlands adjacent to
Mango (Mingo) Creek, we have determined that the proposed
fill can be covered by General Water Quality Certification
No. 2176 issued November 4, 1987. A copy of the General
Certification is attached. This Certification may be used
in qualifying for coverage under Corps of Engineers'
Nationwide Permit No. 26.

If you have any questions, please contact Bill Mills at
919/733-5083.

Sincerely,

~~

fR. Paul Wilms

RPW/tla

Attachment

cc: Wilmington District Corps of Engineers
Raleigh Regionalpofi?Jlo~~frention Pays

Po. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]

An Equal Opportunity Affirmative Action Employer

, ..

Barrett Kays & Associates
Civil Engineering/Environmental Engineering/Environmental Assessment

December 8, 1989

~. 13ill lYIills
Water Quality Section Planning Branch
NC DEHNR
1'.0. Box 27687
Raleigh, NC 27611

Re: 401 Clean Water Certification for Planter's Walk
Subdivision in Knightdale, North Carolina

Dear Mr. Mills:

As per our discussion last week in Charlotte at the NC and SC
Environmental School, a revision in the development plans for the
Planter's Walk Subdivision has resulted in a minor relocation of the
wetland acres previously approved for impact. This relocation is the
result of plan revisions following a zoning change on the property. No
increase in the acreage approved to be impacted is proposed in the
revised plans, and impacts remain in the small intermittent drainage
ways and not in the Mingo (Mango) Creek drainage way.

Please contact me if I need to resubmit a 401 application, or if I can
provide further information.

K neth R. Roeder, Ph.D.
Ecologist/Environmental Scientist

KRR/epl

304 East Jones Street / Raleigh, North Carolina 27601
Telephone: [phone] Fax: [phone]

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Barrett Kays & Associates

Civi I Engineeri ng/Environ mental Engi neeri ng/Envi ronmental Assessment

April 4, 1989

Mr. Bill Mills
NC Division of Environmental Management
Department of Natural Resources
and Community Development
P.O. Box 27687
512 N. Salisbury st.
Raleigh, NC 27611

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Our Case: 8811022

Re: Planter's Walk
Wake County, North Carolina

Dear Mr. Mills:

Attached is a copy of the COE Pre-Discharge Notification Form for
Nationwide Permit 26 and a map showing the location of proposed
fill on the Planter's Walk Development property. It is proposed
to fill a total of 6.5 acres of wetlands to allow for the
construction of an Urban Residential and Commercial Development
with utility extensions and roads. The areas to be filled are
located above the headwaters.

This letter is to request written confirmation that this proposed
fill is authorized by your general 401 certification covering
fills of one to ten acres of wetlands above the headwaters.

Sincerely,

--rkJ~

Ted L. Waters, P.E.
Associate

TLW:jw

Attachments

cc: Clara Underwood

304 East Jones Street / Raleigh, North Carolina 27601
Telephone: [phone] Fax: [phone]

SAW26-89-

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NC 28402-1890
ATTN: CESAW-CO-E

PRE-DISCHARGE NOTIFICATION FORM FOR NATIONWIDE PERMIT 26

NOTES: If Item A. 7 . (below) is 10 acres or more or if any of the
conditions listed in section B. (below) are not met, the applicant must
submit an individual permit application. Please contact the District for
forms and information.

Applicant is required to obtain a Section 401 Water Quality Certification
from the State of North Carolina for NWP 26 to be valid. This
certification should be furnished with this pre-discharge notification.

PLEASE PRINT
A. 1. NAME: O'Neal Builders and Developers c/o Barrett Kavs and
Associates
2. ADDRESS: 304 East Jones Street
Raleiqh. NC 27601

3. PHONE NUMBER (HOME):

(WORK): [phone]

4. LOCATION OF PLANNED WORK: COUNTY: Wake
SPECIFIC LOCATION (INCLUDE STREAM NAMES, ROAD NUMBERS, ETC.):
Planter's Walk is located south of US 64 E of Raleigh. west of
Knightdale. north of the Norfolk Southern Railroad line. east of
SR 2316. Lvnnwood will extend from SR 2316 East throuqh the
property. Manqo (Minqo) Creek crosses the southern portion of the
tract north of the railroad line.

5. DESCRIPl'ION OF PROPOSED WORK:
wetlands

Fillinq of iurisdictional

6. PURPOSE OF PROPOSED WORK: Urban Residential and Commercial
Development

7. APPROXIMATE SIZE OF WATERS AND WETLANDS WHICH WILL BE
LOST OR SUBSTANTIALLY ADVERSELY MODIFIED AS A RESULT OF THE
PROPOSED WORK (EXPRESS IN TENTHS OF ACRES): 6.5

8. INFORMATION THAT THE APPLICANT BELIEVES IS APPROPRIATE:
Areas to be filled are above the headwaters.

9. DO YOU HAVE KNOWLEDGE OF THE EXISTENCE OF ENDANGERED
SPECIES ON OR NEAR THE PROPOSED PROJECT AREA: YES [] NO [X]
IF YES, INDICATE WHAT SPECIES:

10. DO YOU HAVE KNOWLEDGE OF HISTORIC PROPERTIES WHICH ARE
LISTED OR DETERMINED ELIGIBLE FOR LISTING ON THE NATIONAL
REGISTER OF HISTORIC PLACES THAT OCCUR IN THE VICINITY OF THE
PROPOSED PROJECT? YES [] NO [X]

11_ WILL THE ACTIVITY INTERFERE WITH NAVIGATION? YES [] NO [X]

B. CONDITIONS. THE FOLLOWING CONDITIONS MUST BE MET FOR THE
NATIONWIDE PERMITS TO BE VALID (33 CFR 330.5-.6):

1. DISCHARGE OF DREDGED OR FILL
MATERIAL WILL NOT OCCUR IN THE PROXIMITY
OF A PUBLIC WATER SUPPLY INTAKE.

MET
[X]

NOT MET
[ ]

2. DISCHARGE OF DREDGED OR FILL
MATERIAL WILL NOT OCCUR IN AREAS OF
CONCENTRATED SHELLFISH PRODUCTION UNLESS
THE DISCHARGE IS DIRECTLY RELATED TO AN
AUTHORIZED SHELLFISH HARVESTING ACTIVITY.

[X]

[ ]

3. THE ACTIVITY SHALL NOT SIGNIFI- [X] [ ]
CANTLY DISRUPr THE MOVEMENT OF THOSE
SPECIES OF AQUATIC LIFE INDIGENOUS TO
THE WATERBODY (UNLESS THE PRIMARY
PURPOSE OF THE FILL IS TO IMPOUND
WATER) .
4. DISCHARGE OF DREDGED OR FILL [X] [ ]
MATERIAL SHALL CONSIST OF SUITABLE
MATERIAL FREE FROM TOXIC POLLUTANTS IN
TOXIC AMOUNTS.
5. ANY STRUCTURE OR FILL AUTHORIZED [X] [ ]
SHALL BE PROPERLY MAINTAINED.
6. THE ACTIVITY WILL NOT OCCUR IN A [X] [ ]
COMPONENT OF THE NATIONAL WILD AND
SCENIC RIVER SYSTEM; NOR IN A RIVER
CURRENTLY DESIGNATED BY CONGRESS AS A
"STUDY RIVER" FOR POSSIBLE INCLUSION.
7. THE CONSTRUCTION OR OPERATION OF [X] [ ]
THE ACTIVITY WILL NOT IMPAIR RESERVED
TRIBAL RIGHTS.

C. MANAGEMENT PRACTICES. THE FOLLOWING MANAGEMENT PRACTICES
SHALL BE FOLLOWED TO THE MAXIMUM EXTENT PRACTICABLE _ FAILURE
TO COMPLY WITH THESE PRACTICES MAY BE CAUSE FOR REQUIRING AN
INDIVIDUAL PERMIT. APPLICANT SHOULD PROVIDE EXPLANATION FOR
MANAGEMENT PRACTICES NOT MET.

1. DISCHARGE OF DREDGED OR FILL
MATERIAL INTO WATERS OF THE UNITED
STATES SHALL BE AVOIDED OR MINIMIZED
THROUGH THE USE OF OTHER PRACTICAL
ALTERNATIVES.

MET
[X]

NOT MET
[ ]

2. DISCHARGES IN SPAWNING AREAS
DURING SPAWNING SEASONS SHALL BE
AVOIDED.

[X]

[ ]

3. DISCHARGES SHALL NOT RESTRICT OR
IMPEDE THE MOVEMENT OF AQUATIC SPECIES
INDIGENOUS TO THE WATERS OR THE PASSAGE
OF NORMAL OR EXPECTED HIGH FLOWS OR
CAUSE THE RELOCATION OF THE WATER
(UNLESS THE PRIMARY PURPOSE OF THE FILL
IS TO IMPOUND WATERS).

[X]

[ ]

4. IF THE DISCHARGE CREATES AN
IMPOUNDMENT OF WATER, ADVERSE IMPACTS
ON THE AQUATIC SYSTEM CAUSED BY THE
ACCELERATED PASSAGE OF WATER AND/OR THE
RESTRICTION OF ITS FLOW SHALL BE
MINIMIZED.

[X]

[ ]

5. DISCHARGE IN WETLAND AREAS SHALL [X] [ ]
BE AVOIDED.
6. HEAVY EQUIPMENT WORKING IN [X] [ ]
WETLANDS SHALL BE PLACED ON MATS.
7. DISCHARGES INTO BREEDING AREAS FOR [X] [ ]
MIGRATORY WATERFOWL SHALL BE AVOIDED.
8. ALL TEMPORARY FILLS SHALL BE [X] [ ]
REMOVED IN THEIR ENTIRETY.

- /4,J~
APPLICANT'S SIGNATURE
Ted L. Waters, P.E.
Associate
Barrett Kays and Associates
and Agent for Owner

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QUADRANGLE LOCATION

RALEIGH EAST, N. C.
SE/4 RALEIGH 15' QUADRANGLE
N3545-;W7830/7 .5

1968
PHOTOREVISED 1981
DMA 5255 I SE...,..SERIES V842