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HomeMy WebLinkAbout19930100 Ver 1_COMPLETE FILE_19930711Lakes will filter 1ty Stnrri' G-'k the 'C'am rair, watt exist ?C cC? Foi residt trend `Y""" G? ? , N l rencl ? /,I /c ef (N' polluti ftr(Cs?e contra, ?S Deve r\q?? funded 1 o had to Now t ?? --,,tired the filtering techniqu r anent that failed. "A policy that was not working well and was causing problems has been replaced," said Lou Yates, assistant city manager for planning and development. "We had a policy that required people. to build facilities that may not have been needed." In their place, Raleigh plans to rely on three approaches city officials hope will be more cost- effective: t ' -Sylvia Hatchell takes the podium, actually tl x; a. Hatchell, La s' p` r' BY NOAH BARTOLUCCI C? STAFF WRITER t, r have CHAPEL HILL - Here's more ' basket eV Bence that women s basketball ig gaining in popularity and steal- peop Ing; some of the spotlight from Ha an in this roundball mecca: A ' girls' basketball camp under vVay at the University of North I39rolina at Chapel Hill is having itis? most successful summer, with more room. W record attendance of about "I have about $e,600. and playing bask And enrollment at the boys' at one time," thf basketball camp? Less than 2,000. some people this To be fair, the programs are it's music." s?xuctured differently, and each In March, the xatned away applicants because won their first N; LAKES t CO IUED FROM PAGE I B ¦ Teaching homeowners not to over-fertilize their yards or let household chemicals or motor oil be washed into storm drains. ¦ Investigating and punishing illicit industrial waste clumping. Instead of trying to remove pollut- ants from storm water, it makes more sense to keep the water clean in the first place, city officials say. ¦ Persuading the owners of Raleigh's 250 private lakes and ponds to preserve them. The bigger the lake, the better it filters rainwater. Raleigh's pri- vate ponds average only a few acres, but some are much larger. To encourage private landown- ers to go along, the city may help pay for dam repairs, dredge the lakes and ponds or even buy them. Raleigh may even have to build a few large lakes in valleys that don't have them, officials say. Besides filtering water, lakes re- duce storm flooding. Raleigh is paying consultants to study the city's 20-odd drainage basins. The city will use those results and its general storm water management plan to tailor water-protection policies for dif- ferent parts of Raleigh. "It's going to depend on the peculiar situation in every case," Yates said. "There's a lot that nobody knows about storm water quality management." The federal government has ordered Raleigh and other cities to develop storm water manage- ment plans, but it hasn't said how. Raleigh's new approach is more conservative than that of some cities that have instituted blanket policies that don't vary for differ- ent streams and valleys. A recent study of northeast Raleigh's Perry Creek basin found that the storm water pollu- tion wasn't as bad as officials thought and wasn't likely to get much worse as long as the exist- ing lakes remain. City officials concluded they had overreacted when they re- quired the expensive filtering pits and trenches, which turned out to be a hazard for children, often became overgrown and eventual- ly got so clogged with mud that they weren't doing much good anyway. The city's new approach is lower-tech, simpler and cheaper than the prospect of continuing the old policy for all new develop- ment. And now new homeowners in growing areas - mainly North Raleigh - won't have to pay for more ineffective rain-catching de- vices. But the city may still have to spend millions on lake improve- ments and construction - proba- bly paid for through citywide charges, perhaps via a new storlu water utility that would work Homeowners pay price for bad policy BY MATTHEw EISLEY STAR WRITER RALEIGH - When Irv Paull says be thinks Raleigh's old storm water management poli- cy was the pits, he's doubly right, city officials agree. Five runoff-catching pits and rock-filled trenches in Paull's Durant Trails neighborhood - fixtures which the city once routinely required in new subdi- visions - didn't work and weren't even needed, the city now concedes. Raleigh hopes in the future to protect water quality by elimi- nating pollution sources and relying on larger lakes as fil- ters. Paull and his thousand-plus neighbors never wanted the trenches in the first place, but they had to pay for them as a component of their home pur- chases, Now they'll have to come up with another $50,000 - about $100 a household - to fill the largest one, a gaping hole near the subdivision's recreation cen- ter, said Paull, a concert pho- tographer and former president of the Durant Trails Homeown- ers Association. "They're like bomb craters," he said. "We paid for them to be built, we paid for the upkeep of them and now we have to pay to get rid of them. They're disgust- ing, and they don't work. "They're an accident waiting to happen. We were waiting for a kid to fall in one of them." The association plans to build volleyball courts and a play- ground over the largest pit, abandon one and hide another with landscaping. The subdivi- sion's developer will fill the two others, Paull said. "It's a big pain in the neck," he said. Paull, who complained to the City Council earlier this year about the city's old policy of requiring such pits, said lie may go back and ask the council to help pay for the improvements. "1 can make life a little miserable for them," he said. much like existing water and sewer agencies. City officials say Raleigh's new approach should also improve downstream water quality. Rain falling around Raleigh ultimately flows down the Neuse River, through Smithfield, Goldsboro, Kinston and New Bern to the Pamlico Sound. "The water quality in a lot of areas is not as bad as some people would have you believe," said Danny Bowden, the city's storm water services manager. "Overall, we're not in very bad shape," he said. "We just need to be careful and make improve- ments where we can. If we don't protect our water, it won't be there for our kids." Raleigh's new approach relies heavily on preserving existing lakes and ponds, especially big ones such as the 35-acre Gresh- am's Lake off Capital Boulevard, next to the path of the planned Outer Loop. Of the dozen lakes and ponds in the Perry Creek basin, Gresham's is the biggest. City officials con- sider two more at Durant Nature Park critical for water quality in the area. The city's success will depend on the cooperation of private land holders such as Gresham's Lake owner Bennett Rowland. Rowland said he plans to keep his lake. He has suggested to city officials that Raleigh periodically dredge it and charge property owners upstream for the cost. "Fifteen years ago I proposed this to the city, and they told me I was crazy." he said. Mary Watson Nooe, an at-large City Council member, said the storm water program will have to be funded through the city's gen- eral fund, by assessing individual property owners in specific creek basins or by establishing a new utility that charges citywide fees. She favors the latter. "It's a problem for all of us, whether we live at the top of the hill or the bottom of the hill," Nooe said. "Rain falls on the just and the unjust." -- erfieldg etc. What you need to get cook-n' 13 Oz. Acrylic FROSTY MUG -? Irv Paull of Durant Trails says his neighborhood will have to come up with at least $50,000 to solve problems with nuisance drainage pits. STAFF PHOTO BY LANCE POWELL Raleigh's new approach relies heavily on preserving existing lakes, such as the 35-acre Gresham's Lake off Capital Boulevard. STAFF PHOTO BY SARAH I. GLOVER -I--"- ?J %71111111 feral Home. Powellsville DANNY O. BARNES SR., 48, Suf- folk, Va., formerly of Powells- ville, July 7. Arrangements by Garrett Funeral Home, Ahos- kie. Rockingham MINNIE T. REYNOLDS, 91, July 7. Arrangements by Watson- King Funeral Home. Sanford ANNIE K. LAND, 78, July 7. Ar- rangements by Miller Funeral Home. Snow Hill LMA J. TILGHMAN, 79, July 7. Arrangements by Taylor-Ed- wards Funeral Home. Tarboro ETHA WHITE, 75, July 6. Ar- rangements by Baker Funeral Home. Taylorsville AUL J. PARSON, 78, July 7. Arrangements by Adams Fu- neral Home. Trenton ULIA P. HARRIETT, 79, July 8. Arrangements by Howard-Cart- er & Stroud Funeral Home, Kinston. Whispering Pines OBERT E. LEMKER, 74, July 8. Arrangements by Powell Fu- neral Home, Southern Pines. Williamston ETTIE C. JONES, 85, July 8. Arrangements by Biggs Funer- al Home. Winston-Salem M. OVERTON, 83, June 29. ed' star Mr. Sargent played Darrin Stephens on 'Bewitched'. and "A Touch of. Mink," ng Cary Grant. television, Mr. Sargent av- American cancer Soc e? Family will be at the home of Frank Berry Skinner, Berry Downs, Holt Lake. LENWOOD MARTIN VANIER CLAYTON - Lenwood Martin Va- nier, 73, died Wednesday. Funeral service 11 a.m. today at McLaurin Funeral Home Chapel, Clayton with Rev. Danny Poyner and Rev. Ron Byrd officiating. Burial at Pinecrest Memorial Gardens, Clayton. Survivors: wife, Addle C. Vanier of Clayton; daughter, Betty Vanier of Kenly; son, Tommy Vanier of Clay- ton; sisters, Lillie Ollis of Morgan• ton, Zadie Ollis of Roxboro, Eliza- beth CarnelI of Garner; three grand- children; one great grandchild. KENNETH W. NEAL SR. PITTSBORO-Mr. Kenneth Wade "00" Neal Sr., 61, of 3139 Lower Moncure Road, Sanford, died Thurs- day, July 7th in UNC Hospitals in Chapel Hill. He was a native of Washington, D.C. and was owner-op- erator of Hydrolic Cylinder Repair. A memorial service will be held 3 p.m. Sunday in the Griffin Funeral Home chapel. Surviving: daughters, Cynthia A. Crabtree of Cameron and Kathy Marks of Pittsboro; stepdaughter, Deanna Glosson of Pittsboro; sons, Kenneth W. Neal Jr, of Hawaii, Karl D Neal of Apex and Joel B. Neal of Pittsboro; sister, Barbara Jean Newton of Wilmington; seven grand- children. Family will receive friends from 5-8 p.m. Saturday at the family home. Arrangements by Griffin Funeral Home. LEROY ALLEN SMITHFIELD -Leroy Allen, 66, of 215 Underwood Ave., died Friday, July 8, 1994. Funeral 2 p.m. Sunday, Minshew Funeral Home chapel, Four Oaks. Burial, Faith Free Will Baptist Church cemetery. Surviving: wife, Wilma Massengill Allen; brother, Guy Cleveland Allen of High Point. Family will be at Mrs. Mary Mos- sengill home, 601 Webb Mill Road, Four Oaks. Family at Minshew Funeral Home from 7-9 p.m. today. E. CARL JARVIS RALEIGH - A memorial service will be held for E. Carl Jarvis 3 p.m. Saturday at Brown-Wynne Funeral Home chapel, St. Mary's Street. In lieu of flowers, memorials may be made to American Heart Associa- tion, l Heart Circle, Chapel Hill, N.C. 27514. 0. LEE DOVE . GARN ER - Garland Lee Dove, 65, of 708 Wakeland Drive, a retired engineer, died Thursday. Funeral 11 a.m. Monday at Bryan-Lee Funeral Chapel. Burial, Montlawn Memorial Park. Surviving: wife, Rachel M. Dove; daughter, Teresa L. Jagneaux of Willow Spring; sons, Michael Lee Dove, Mark Alan Dove and Christo- pher Robert Dove, all of Garner; grandsons, Keith Wilkins and Jona- than Jagneaux, both of Willow Spring; a godson, Scott Kopuschan- sky of Temple Hills, Md. Visitation 7-9 p.m. Sunday, Bryan- Lee Funeral Home, Garner. In lieu of flowers, the family re- quests That contributions be made to the American Cancer Society, the American Heart Assoc., the Ameri- can Kidney Fund, or to Hospice of Wake County. ALAN WEBB BREWER RALEIGH - Alan Webb Brewer, 17 _ rncri luly S lOOA ,n 01,k -A wood Cemetery on Sunday, July 10 at 2 p.m. Please forget that she died and smile while remembering that she lived. Sue W. Noell and Lou W. Mitchell. CARL M. BAKER BUNN - Carl M. Baker, 50, died July 6. Funeral service Saturday 2 P.m. at Gethsemane Baptist Church. Burial Church Cemetery. Survivors: son, Carl Epps of Hen- derson; mother, Lessie Baker of Bunn; sisters, Lonnie Yarborough of Franklinton, Edna Patterson, Bren- da Baker of Louisburg, Joyce Cru- dup, Sharon Anderson of Bunn, Anti- onette Baker of Jacksonville, Col- leen Holden of Raleigh; brothers Clovis Baker Jr., Frederick Baker of Raleigh, Douglas Baker of Bunn, Leslie Baker, Oliver Baker of Louis- burg, Lynn Baker of Boston, Mass. Service by William Toney's Funer- al Home, Spring Hope. SANDY R. PENDERGRAFT RALEIGH - Sandy Ray Pender- graft, 54, died Friday. Funeral ser- vice will be held at 2 P.m. Sunday, Ephesus Baptist Church, 6767 Hills- borough Street, Raleigh. Burial in Restlawn Memorial Gardens, Ra- leigh. Surviving: wife, Rachel S. Pender- graft of the home; daughters, Kim Pendergraft and Cindy Pendergraft, both of Apex; son, Tim Pendergraft of Cary; stepson, Jeff McQuillen of Raleigh; stepdaughters, Angie Jow- ers of Louisburg, Dina Simpson of Garner and Kristie Tyler of Raleigh; sisters, Dixie Gray of Raleigh and Ann Parks of Graham; brothers, Charles Pendergraft of Cary and Billy Pendergraft of Raleigh; four step-grandchildren. The family will receive friends 7-9 P.m. Saturday at Brown-Wynne Fu- neral Home in Cary. HAROLD ERIKSEN ZEBULON - Harold Eriksen, 50, of 10833 Debnom Road, died Thurs- day at Wake Medical Center. Memo- rial service will be held at 7 p.m. Monday, July 11, 1994 at the King- dom Hall of Jehovah's Witnesses, Hwy. 64 Alternate, Spring Hope. Surviving is his wife, Margie B. Eriksen; sons, Harold Allen Eriksen and Ted Lee Eriksen, both of Zebu- Ion; Parents, Trygve and Marie Stange of New Jersey; brothers, Al- fred Eriksen of Tampa, Fla., Ken- neth Eriksen of Long Island, N.Y., Roy Stange and Trygve Stange Jr., both of New Jersey;. sisters, Karen Marie Morgan of New Jersey and Eva Madsen of Norway; grandchil- dren, Crystal Leigh Eriksen and Mikala Celine Eriksen, both of Zebu- Ion. Memorial contributions may be made to the Kingdom Hall of Jeho- vah's Witnesses, c/o Mr. Ira Dough- ty, 752 Whitley Way, Wendell, N.C. 27591. Arrangements by Brown-Wynne Funeral Home, Zebulon. LESTER L. WHITLEY WENDELL- Lester Lee Whitley, 55, of 156 Hollybrook Road, died Friday, July 8, 1994 at Rex Hospital. Lester was a retired auto mechanic and formerly was co-owner of Whit- ley's Auto Center in Wendell. Funeral 3 p.m. Sunday at Clydes Chapel Baptist Church. Burial, church cemetery. Surviving: wife, Celia Pollard Whitley; son, Andy Whitley and wife, Kathy of Wendell; daughters, Shar- on W. Hinton and husband, Jamie of Zebulon, Pamela W. Hocutt and hus- band, Phil of Zebulon; grandchil- dren, Leslie Renee Hinton, Katie 9=1i7nhofh I.linfnn Cnrn 1(ri,41., uw- we will be able to see y ur pre- cious smile and be togeth r again. You'll always be our ecloys Gary. We love you and miss you. Mother, Daddy, Bill, Beverly, Sharon and Faith. DORIS C. SMITH GREENVILLE Doris Carpenter Smith, 76, formerly of New Bern, died Thursday. Graveside service will be 11 a.m. Saturday, July 9 at Greenleaf Memorial Park. Rev. Keith Hamilton, officiating. Burial will be in Greenleaf Memorial Park. Surviving: stepson, Carl Ray Smith of Atlanta, Ga.; daughter, Nancy S. Duncan of. Greenville; step- daughters, Ethel Hamilton of Beau- fort, Barbara Ellington of Golds- boro; sister, Etna Mason of Beau- fort; eight grandchildren; four great-grandchildren. Funeral arrangements are being handled by Cotten Funeral Home, New Bern. RICHARD E. GASPERSON JACKSONVILLE - Richard Earl Gasperson died Friday. Funeral ser- vice will be held 3 p,m. Sunday at the Sayland Funeral Home, Maysville. Burial, Dogwood Memorial Ceme- tery. The family will receive friends from 7:30-9 p.m. today at the funeral home. OLA ESTHER MORRIS OVERTON WINSTON-SALEM - Ola Esther Morris Overton, 83, wife of Dr. James H. Overton, formerly of Eton College and Raleigh, died Wednes. day, June 29, 1994 at Triad United Methodist Home, Winston-Salem. Mrs. Overton was born November 21, 1910 in Washington, N.C., the daughter of Coolidge Greene Morris and Sophia Jane O'Brien Morris. She attended Louisburg College and graduated from East Carolina Uni. versity, Greenville. She began her teaching career as an eighth grade teacher and basketball coach in Au. rora and continued teaching until her retirement from the Alamance County School System in 1975. Surviving are her husband of 55 Years, Dr. James H. Overton of Winston-Salem; two daughters, and a son-in-law, Nancy J. Overton of Jacksonville, Fla., Sarah Overton Johnston Hunter and Robert E. Hunter of Winston-Salem; four grandchildren; sister, Mrs. E.W. McGahey of Washington, N.C. A memorial service was held Fri- day, July 1 in Winston-Salem and graveside service was held in Wash- ington, N.C., Saturday, July 2. Memorials may be made to Elan College Development Office, Elon College, N.C. 27244; or Louisburg College Development Office, Louis- burg, N.C. 27549.. MARGARET L. "JOSIE" MCLEAN WENDELL - Margaret "Josie" Lane McLean, 79, of Hillhaven, Wade Ave., died Thursday after- noon. She was the widow of C.S. McLean and the daughter of the late Walter Scott and Kitty Ray Lane. Mrs. McLean was a dedicated wife and mother, who courageously en- dured sickness for almost 30 years. Her spirit and sense of humor will be greatly missed. Funeral service 3 p.m. today, Strickland Funeral Home chapel, with Rev. Lovell Allis officiating. She is survived by a daughter, Jean Hocutt of Wendel I; sons, Joe McLean of Raleigh, Scott McLean of New Orleans, La.; grandchildren, Tina McLean, Natalie McLean, Becky Reeder, Tim McLean, Nathan Ho- cutt, Ben Hocutt, Nicholas McLean and Sara McLean; one great-grand- Wesley D. Webster 1042 Washington Street Raleigh, North Carolina 27605 (919) 829-7317 June 30, 1994 Mr. Steve Levitas Deputy Secretary NC Dept. of Environment, Health & Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611 Dear Steve: 6 i, a This letter is written to thank you and your staff for the assistance offered to Mr. Bennett Rowland and me in our meeting on Thursday, June 23. Preston Howard and John Dorney were understanding of Mr. Rowland's concerns about his pending permit and have kindly offered to meet with Mr. Rowland and me on his site to look further at the situation. I am sure that Mr. Rowland appreciates their concern and kindness and feels much better having talked with them personally. We look forward to meeting with your staff people at the site in order to try to resolve this matter. Again, many thanks to you, Preston and John for your assistance. Sincerely, Wesley D. Webster WDW/mld bc: John Dorney MEMO June 30, 1994 TO: Preston Howard f FROM: John Dornee-? . ^ 111 THROUGH: Steve Tedder -? Greg Thorpe 01ft?r?a Boyd DeVane''?"` ` FILE COPY RE: Update on Bennett Rowlands' proposal to fill portion of Gresham's Lake After our meeting with Mr. Rowlands' consultants on 23 June, you asked me to investigate two issues with respect to Mr. Rowland's plans to fill about 11 additional acres of Gresham's Lake. These are listed below. 1. Status of DOT discussions with Mr. Rowland regarding land transfer As you will recall, we worked with DOT to facilitate a transfer of land to Mr. Rowland from DOT. This land transfer would allow Mr. Rowland to develop an industrial park without fill of Gresham's Lake. According to Carl Parker (DOT in Durham), DOT met with Ed Dunn (Mr. Rowland's consultant on April 26, 1994 to explain DOT policy, etc. Mr. Dunn was told that DOT needs a written request for early acquisition from Mr. Rowland (see copy of 4/28/94 letter). DOT has not received a response to date and have been unsuccessful in having Mr. Dunn return their phone calls. Therefore until Mr. Rowland requests advance acquisition, DOT cannot proceed. You will notice that DOT did not copy Mr. Rowland on their letter to Ed Dunn. 2. Corps of Engineers approach to additional fill request. As you will recall, Mr. Dunn stated that the Corps said that there would be no problem with approving additional fill. According to Eric Alsmeyer with the COE, he talked to Mr. Dunn and told him that an individual permit would be needed, an alternative site and design analysis would be needed as well as a mitigation plan. He tried to discourage Mr. Rowland from applying but did not tell him that it would not be approved since he had not seen an application. As far as I can tell, this is in line with what you and I told Mr. Dunn were his chances for a 404 permit on the site. Please advise whether you :need any more information. grsham.mem OP l? _.___1UN-28-'y4 TUL U8:42 1D:NCD0T-kW DURHHI.1 ILL NU:1-y1y-5613-?2U4 i d?Q STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAAUN R. tIUN r. JP_ DIVISION OF HIGHWAYS 331 West Main Street-Suite 100 Durham, North Carolina 27701 (919) 560-6897 FACSIMILE TRANSMTTTAL ('OVER SHF7.T DATE: gubu Hui SAM HUNT SECRETARY Ylease deliver t1,e following page3 te: NAMR: C 6.e/.1 6 COMPANY: ADDRESS OR ROOM NUMBER: This fax is beinq sent by- NAME: PHONE NUMBER: NUMBER OF PAGES (INCLUDING COVER SHEET) _L J IF YOU DO NOT RECEIVE ALL PACES CLEARLY, CALL RACK AS SOON AS POSSIBLE. our Fax Number is 919-560-3207 REMARKS: ??'? ? .gyp ??',?-t 7 ? {?•? .?- ? .???' ???5 ?? ? ?? Y ?c r `r JUH-2d-'y4 TUE U8:4::' ID:NUDUT-kW DUkHHH TEL NU:1-919-560-3204 4060 P02 i !?°siro SlATL OF, NORTH CAROLINA DEPARTMENT OF' TRANSPORTATION JANAIl 1t I ZUNI lit. DIVISION Or HIGHWAYS SAM HUNT 1,??1'i IiNC?It SI CRI 1ARY 331 West Main Strout-Suite 100 Durham, North Carolina 27101 PHONE: 919-560-6847 FAX; 919--560-3204 April 28, 19Y4 Mr. Edward K. Duun, Jr. 136 Mine Lake Court Raleigh, NC 27615 Dear Ed: Subject: Advance Acquisition for Bennett A. Rowland Per our conversatioi, last Pur_vday, phase I,rc,vide t(_) 1110 your request for advance right of way acquisit:lun of thco purtiun of Mr. Ruwland'9 property effrrc.ti+d by the Northern Wake Expressway. Please state your reason for the request and the hardship imposed ors Mr. Rowland as a result of this project. Also, please stator any proposal you may have in regard to exchanging NC lldpartment of Teari9porttit ion remnantti (already ac-quired) for Mr. Rowland's right of way. 1 will forward yc,ur Ill Lvrmation, alony with my survey mep to the Central Office in Raleigh for Approval. Once approved or nc,t approved, I will contact you concerning the statue of your request. If you havK any questions, please do nut hesitate to contact me. S, rc 4(' Bt ad LRight of Way Agent BL:tsg _ I (??1 ? ? ? )pct . ?Aj _ ?z?_ ? 193 jtkeA C?l ke- GAIL S '4?4' vie 4 u?,IIQ, ? t q??laQ.'b?.$ , ??Jko b T mz-? J417, , JZ-f - .'OLk ur f&?.',? ems. ?; t{/1??gY? w..w a /? ?.. r. ?..n LL ? ,?w a ? 7? -'?°t aRK 's Yw? Irv T YY'W Co 'u, cc,? tnea-?*> w ('? ?.I L £A r ek-7 co low I 4k ?? Ca_uae CD /.he r V)Z-O- ra CX9 PI 16?7- YVap // ?b -Crp 14 JfYT) ? a qT6D. - Wek IP f? 0 uJ cZAa NM. Q rod 17?f-?-Om -,)Iyvs -trD v? ?p x?yo (AM 17 Uvo -rwl" rill Q? <t-- 410 cyp CY)o Hero -n6V loas Q-Yono Qj ? rd° --?? Nnv 'I'eJ °a9 w mfr ;? ohm 40 YD 4 rAOOI? aglow C4 z z Q x Q w W d U H z d W a d N N Z J a U x 0 z T Cpl z z Q C) 0 a, w 00 00 a, June 30, 1994 MEMO TO: Preston Howard FROM : John Dorne??? THROUGH: Steve Tedder-1 Greg Thorpe Boyd DeVane RE: Update on Bennett Rowlands' proposal to fill portion of Gresham's Lake After our meeting with Mr. Rowlands' consultants on 23 June, you asked me to investigate two issues with respect to Mr. Rowland's plans to fill about 11 additional acres of Gresham's Lake. These are listed below. 1. Status of DOT discussions with Mr. Rowland regarding land transfer As you will recall, we worked with DOT to facilitate a transfer of land to Mr. Rowland from DOT. This land transfer would allow Mr. Rowland to develop an industrial park without fill of Gresham's Lake. According to Carl Parker (DOT in Durham), DOT met with Ed Dunn (Mr. Rowland's consultant on April 26, 1994 to explain DOT policy, etc. Mr. Dunn was told that DOT needs a written request for early acquisition from Mr. Rowland (see copy of 4/28/94 letter). DOT has not received a response to date and have been unsuccessful in having Mr. Dunn return their phone calls. Therefore until Mr. Rowland requests advance acquisition, DOT cannot proceed. You will notice that DOT did not copy Mr. Rowland on their letter to Ed Dunn. 2. Corps of Engineers approach to additional fill request. As you will recall, Mr. Dunn stated that the Corps said that there would be no problem with approving additional fill. According to Eric Alsmeyer with the COE, he talked to Mr. Dunn and told him that an individual permit would be needed, an alternative site and design analysis would be needed as well as a mitigation plan. He tried to discourage Mr. Rowland from applying but did not tell him that it would not be approved since he had not seen an application. As far as I can tell, this is in line with what you and I told Mr. Dunn were his chances for a 404 permit on the site. Please advise whether you need any more information. grsham.mem .? z. STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION )AAU. ft. thn.r. Ik. DIVISION OF HIGI IWAYS GON F rtNOR 331 West Main Street-Suite 100 Durham, North Carolina 27701 (919) 560-6047 FAC6IMILE TRANSI-aTTAL COVER SHMr.? DATE: SAM HUNT SFCkF.TAkY YleaSe deliver the following pages to: NAME: ?iG e??e /16 COMPANY: AUDKOSS OR ROOM NUMBER: This fax is beinq sent by: NAME: 4:1_? 1 / :D h PHONE NUMBER: -.S-4,0 - G R)e NUMBER OF PAGES (INCLUDING COVER SHEET) ILI" IF YOU DO NOT RECEIVE ALL PAGES CLEARLY CALL BACK AS SOON AS POSSIBLE. Our Fax Number is 919-560-3209 REMARKS: .? .- ,per cc. y -ZS P? pl?.G G T ?J d sv'n-6-c - ?.C >??r`? 0 s.rr ? y V- J? Sl'Al'E or- Nofm-i CAROLINA DEPARTMENT OF TRANSPORTATION IA1111` R. I-IIINr 11L DIVISION Of HIGHWAYS Gr»'1 kwok 331 W©st Main Street-suite 100 Durham, North Carolina 27701 PHONE: 919-560-6847 FAX: 9:19-560-3204 April 28, 1994 Mr.. Edward K. Dunn, Jr. 136 Mine Lake Court Raleigh, NC 27615 Dear Ed: Subject: Advance Acquisition for Bennett A. Rowland SAM IIUNI FILM IAkY Per our conversation lazt Tuesday, please provide to me your request for advance right of way acquisition of the portion of Mr. Rowland'u property nffr.ctc+d by the Northern Wake Expressway. Please state your reason for the request and the hardship imposed on Mr.. Rowland as a resu]r of this project. Alsu, please state any proposal you may have in regard to exchanging NC Department of Transportation remnants (already acquired) for Mr. Rowland's right of way. I will forward your ill f.-irmatioy,, along with my survey map tc, the celltlal Office in Raleigh for approval. Once approved or not approved, I will contact you concerning the status of your request. If you haves any questions, please do not hesitate to contact me. S' c ely "Brad Lo) p Right of Way Ager,t B1.: tsg 26 Cam, ?iLC_ ? C G dlu? ,4?a State of North Carolina Department of Environment, Health and Natural Resources 4 • o Division of Environmental Management WOO& James B. Hunt, ,Secreta ED E H N F1 Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director May 16, 1994 Mr. Ed Dunn Dunn-Sargeant Associates 136 Mine Lake Court Raleigh, N.C. 27615 Dear Mr. Dunn: Through discussions with the Army Corps of Engineers, we have learned that Mr. Bennett Rowland is planning to submit another application for wetland/water fill near Lake Gresham to develop an industrial site. As you are aware from our Certification review for lake fill in 1993, DOT has identified extra upland right-of-way adjacent to the Northern Wake Expressway and Mr. Rowland's property that could be obtained by Mr. Rowland. DOT has contacted Mr. Rowland to inform him that this property is available and a settlement may be made if Mr. Rowland submits a hardship letter. DOT has not received such a letter. As we discussed in 1993, DEM believes that this land trade with DOT provides Mr. Rowland with an alternative to filling wetland/waters. Therefore, an application for additional fill is unlikely to be approved. Should you have any questions, please contact Mr. Eric Galamb or me at 733-1786. Sincerely, qvE n R. Dorney ir onment al l Super isor cc: Mr. Carl Parker, DOT Mr. Ken Jolly, Raleigh Field Office COE greshnot.ltr 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 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 December 16, 1993 IN REPLY REFER TO Regulatory Branch p((( 1 r ! ? I f f' . Action ID. 199201527 and Nationwide Permit Numbe `6 (Headwaters and Isolated Waters) Mr. JVPfttt,A. Rowlanod 6700 Valley Drive Raleigh, North Carolina 27612 Dear Mr. Rowland: Reference our letters dated March 10, 1993 and August 23, 1993, concerning nationwide general permit authorization for your proposed discharge of fill material within waters of the United States, within Gresham Lake, above the headwaters of Perry Creek, to create high ground for commercial development, west of U.S. 1, northeast of Raleigh,`e County, North Carolina. Reference also the September 21, 1993 letter from the North Carolina Department of Environment, Health and Natural Resources which confirms water quality certification for an additional 0.75 acre of fill on the northeastern edge of the lake, for a total of 9.0 acres of fill. For the purposes of the U.S. Army Corps of Engineers' Regulatory Program, Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the Federal Register on November 22, 1991, lists nationwide permits (NWP). Authorization was provided, pursuant to Section 404 of the Clean Water Act, for discharges of dredged or fill material into headwaters and isolated waters provided: a. The discharge does not cause the loss of more than 10 acres of waters of the United States; b. The permittee notifies the District Engineer if the discharge would cause the loss of waters of the United States greater than one acre in accordance with the "Notification" general condition. For discharges in special aquatic sites, including wetlands, the notification must also include a delineation of affected specific aquatic sites, including wetlands; and c. The discharge, including all attendant features, both temporary and permanent, is part of a single and complete project. Your work, causing the loss of 9.0 acres of waters of the United States, is authorized by this NWP provided it is accomplished in strict accordance -2- with the conditions enclosed in our letter of March 10, 1993. This NWP does not relieve you of the responsibility to obtain other required State or local approvals. This verification will be valid for 2 years from the date of this letter unless the nationwide authorization is modified, reissued or revoked. Also, this verification will remain valid for the 2 years if, during that period, the NWP authorization is reissued without modification or the activity complies with any subsequent modification of the NWP authorization. If during the 2 years, the NWP authorization expires or is suspended or revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the NWP, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the NWP will remain authorized provided the activity is completed within 12 months of the date of the NWP's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case base to modify, suspend or revoke the authorization. Please note that this authorization is valid for the work described above only, and impacts of subsequent projects on this property would have to be considered cumulatively with these impacts, regardless of future subdivision or ownership of the property. Questions or comments may be addressed to Mr. Eric Alsmeyer of my Raleigh Field Office regulatory staff, at telephone (919) 876-8441, extension 23. Sincerely, G. Wayne Wright Chief, Regulatory Branch Copies Furnished Mr. J. Fred Davis, Jr. Mrs,-`John Dorney Post Office Box 18051 Water Quality Section Raleigh, North Carolina 27619 Division of Environmental Management North Carolina Department of Mr. Mike Coughlin Environment, Health and Environmental Engineer Natural Resources Wake County Community Post Office Box 29535 Development Services Raleigh, North Carolina 27626-0535 Post Office Box 550 Raleigh, North Carolina 27602 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO Regulatory Branch Action ID. 199201527 Mr. Bennett A. Rowland 6700 Valley Lake Drive Raleigh, North Carolina 27612 Dear Mr. Rowland: August 23, 1993 Reference is made to our letter dated March 10, 1993, confirming authorization by nationwide general permit of your proposed discharge of fill material causing the cumulative loss of 9.9 acres of open water within Gresham Lake, above the headwaters of Perry Creek, to create high ground for commercial development, west of U.S. 1, northeast of Raleigh, Wake County, North Carolina. By copy of North Carolina Department of Environment, Health and Natural Resources letter to you of July 23, 1993, we have learned that State 401 Water Quality Certification has been confirmed for only a portion (0.87 acre) of your proposed fill, and the additional approximately 1.7 acres are not authorized. As stated in our letter, your work is authorized by the nationwide permit only provided you receive Section 401 water quality certification from the North Carolina Division of Environmental Management for the work. Therefore, the 1.7 acres of proposed fill that did not receive certification are not authorized under the nationwide general permit. Questions or comments may be addressed to Mr. Eric Alsmeyer, Raleigh Regulatory Field Office, at telephone (919) 876-8441, extension 23. Sincerely, G. Wayne Wright Chief, Regulatory Branch -2- Copies Furnished: John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 29535 Raleigh, North Carolina 27626-0535 Mr. J. Fred Davis, Jr. Post Office Box 18051 Raleigh, North Carolina 27619 Mr. Mike Coughlin Environmental Engineer Wake County Community Development Services Post Office Box 550 Raleigh, North Carolina 27602 City of Raleigh Inspections Department Attn.: Mr. Mike Johnson Post Office Box 590 Raleigh, North Carolina 27602 State of North Carolina Department of Environment, Health and Natural Resources _ Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., RE., Director Mr. Bennett Rowland 6700 Valley Lake Drive Raleigh, N.C. 27612 Dear Mr. Rowland: Subject: Proposed fill Gresham Lake Wake County DEM Project # September 21, 1993 DEHNR in Wetlands or Waters shoreline fill 93100 Upon review of your request for 401 Water Quality Certification to place fill material in 0.75 acres of wetlands or waters which are tributary to Perry Creek for shoreline stabilization and landscaping located at existing fill along the northeastern edge of Gresham Lake in Wake County as described in your submittal dated 14 September 1993, we have determined that the proposed fill can be covered by General Water Quality Certification No. 2671. 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. This Certification completes DEM action on this project. If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. Unless such demands are made, this Certification shall be final and binding. 1786. Sincerely, r.-,A . Preston Howard, Jr. P . E . 93100.1tr Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office Raleigh DEM Regional Office Mr. John Dorney Central Files Fred Davis Ed Dunn If you have any questions, please contact John Dorney at 919-733- 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 State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B, Howes, Secretary A. Preston Howard, Jr., P.E., Director July 23, 1993 Bennett A. Rowland 6700 Valley Lake Drive Raleigh, N.C. 27612 Dear Mr. Rowland: Subject: Proposed fill Gresham Lake Wake County DEM Project # AT." F 5"'A C) FE F=1 in Wetlands or Waters edge fill 93100 Upon review of your request for 401 Water Quality Certification to place fill material in 0.87 acres of wetlands or waters which are tributary to Gresham Lake for evening out the edge of existing fill located at Gresham Lake Road and US 1 in Wake County as described in your submittal dated 1 July 1993, we have determined that the proposed fill can be covered by General Water Quality Certification No. 2671 issued January 21, 1992. A copy of the General Certification is attached. This Certification may be used in qualifying for coverage under Corps of Engineers' Nationwide Permit No.26. An additional proposed fill (appx. 1.7 acres) to the west of the existing fill is not allowed by this Certification. If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. Unless such demands are made, this Certification shall be final and binding. If you have any questions, please contact John Dorney at 919-733- 1786. This letter replaces a letter I sent on 12 July 1993. erely, ,.teston `Howard, ?r . P . E . 93100.1tr Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office Raleigh DEM Regional Office Mr. John Dorney Central Files Fred Davis Edward Dunn, Jr. 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 State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management P.O. Box 29535 Raleigh, North Carolina 27626-0535 WATER QUALITY SECTION FAX # (919) 733-1338 TELECOPY TO: FAX NUMBER: FROM:__ _r rrrL PHONE:-13 3 - 11166 NUMBER OF PAGES, INCLUDING THE COVER SHEET: b t4 r-e d ?av I R f J. FRED DAVIS, JR., INC. Consulting Engineers 705 Georgetown Road Post Office Box 18051 Raleigh, North Carolina 27619 Telephone (919) 832-7704 September 14, 1993 Mr. John R. Dorney, Wetlands and Technical Review Group State of North Carolina Division of Environment, Health and Natural Resources 219 East North Street Raleigh, North Carolina 27601 REF: FILLING A PORTION OF LAKE GRESHAM, RALEIGH, WAKE COUNTY, NORTH CAROLINA Dear Mr. Dorney, on behalf of my client, Mr. Bennett Rowland, I am writing to request that he be allowed to continue to fill a small portion of the lake from station 14200 to station 14500, thence SSW along a line to the existing shore line as shown on the enclosed map showing same colored in green, and containing approximately 0.75 acre. The existing shore line in this area was surveyed January 18, 1993 and again on September 02, 1993, and found to be approximately the same. This request, if granted, would allow Mr. Rowland to dress up and smooth out the existing shore line. If further information is needed, please advise me. °^6n?e0oa o c o us rc,cr; K CARof 8 000 o SE AL ( o g° 3333 ? ?f 0000 °° `-'?uv. F oOp °O ?` ? 15eV?o o??Ree D DAY JFD, JR./db Enclosure cc: Mr. Ed Dunn Sincerely, J. FRED DAVID, JR. INC. J/` Fi ed Davis, Jr. , rofes onal Engineer #k 333 i V %50 i N\ ??? 1 AF:^ VAW / 1 oo/ oOV/ / l / Q C+J 10 /10 006Q16 0065/ / O i N H / / / 1R Q / s / N 0o 00 _ p b? at N 8 t ? ?j l lINNYI'11.,1 pit avq . op- 00 t ry,a ?? ?i? A !7 ?u ?k I MEMO TO: DATE: (ti0 G SUBJECT: ?an?. ?.cc? sad /?-f 7c7 mod' '^rJ Z -7 Yo- 07 ? .1 C12"" 7?(/ .IV I/ fn/.? Ito A? IT STATE 6(?ina rpaftent 0 North Ca of Environment „r , Health, and Natural Resources Printed on Recycled Paper ?? awM ??1 TRAHSHISSION REPORT t JUL 23 193 03 : 19P1°1 %k %k?l:%k:k:::};:.}?;k ?>Fi;f?:k: h;;i: ??:f::? ?}:;+: %k%+? h:>k ik4::k ?F:;f:>k>k>k W;k:k:%Y:4:;k%k-??Fi;k';f"f<%k;k:f; ;k:k>k>Y;f•:* Ek:?K?.f:?>k%k'k.:F:>k %k;k %F:>k %k?k %k?l:>k>k:f:>k>k:f:;k:f: %k%k>k>k>k>k>Y%k>k>k>k>k>k ?k Nc + DATE STHRT REMOTE TERMINAL 1'1ODE TIME RESULTS TOTAL DEFT. FILE ? TIME IDENTIFIC:ATIOH PAGES CODE NO. } JUL E3 03: 18PM 919 876 5823 G3 ST L11 ' l38" CiK SS k MEW)RANDUM MAR 1 6 1%3 tR I1J7' 1fA TC` : <<,hn )c?rn ETLfrNDS fR R U LIT WETLAND S'TAFF' REPORT A._ MENL!A T I ON S ***EACH :i:'I'EM MUST }.E PERMIT YR: PERMIT NO: C;OC?(?10t1 ('1'11INTY: WAKE, APPLICANT NAME: BENNETT ROWLAND!GR-G ',_TAM LAKE PROJECT 'I".LPE : c C>N??IER(.-' I AL FILL IDF;r.?p,I T ;, hY ?,} MAT') COE #: RCD FRC)M C"DI[ : APP DAVE PR.M ('C}A : U'/1 r', ,' 93 I?E(: OFFICE: I?I?U T?IVET?--_AND SUE T A. ITI #: in NFuo-e O ab4 4 43 STREAM ___t:'LA.S -'.TRINL>EX _ N(): -7 2 5 _ L WL, -_IMPAC'T'? : 0/N WL,R_EoTTESTED : G. ?7 at"z WL_--SCORE (# ! . -7o,5 HYDRO-i"NECT'? : (q/N MITICATION_-TYPE:7W-a- Pitof?eaep( W1, 1"I"E': -or Lps 0 1a1h'i ER IMPAC"Tf?T> f, r' _1 1,? : ?I iJ ?aa Z X7 MITI("A'1'IC>NT? : Yiv MT7'I!;A'I_ ONIZP: ???tc?teQnG? .IS WETLAND RATING SHEET ATTACHED?: (9 N Ste'IM P.EC'OMM.ENDATION (C_isc e One): I = .TIJ;,i? UNI. DENY -`et-,-e rrt w COMMENT, : l Alw (? `?'?tlztn?C?1 G?? ? ?: ?ji ??t ?-i ? L t `tir!__ r?•<.? ;'rsG1^ ? C?YI?? n Goa ? 1'1/ 4" ?.C2 ????t??t.rb?DC7( l??i-Y?i C?n.r2 ?` c??.??-Gn lrvt'Cr?=-l?vth'.ihxn ???2??!ti„°t' _7? ?r?.!??i'?Zot?svr?JFr3.L(`a f / 'C- ?f l Cs/ %1 G? 1.t7a ee< e ??G-.?! -f?JU) ?-___?/•`??! C/1,.2__??:%!-??lrLl_.%?1?..5?!a??,--(i?-??l -i?'??1?.._1.??'..-L!.?.. _ ???- 1rL? l{.tRi"'LLCr"?1.?`.1/.?? cc: R.egi?--mol C`ffi_re C'. ant,-,_31 F'i-l e ??Cal?'U,(!.V. ?v:^,?fl.:? ??,.u?IC?? ,'%ir?! /„'ll`C,? ,G(/?n-f?.t?? ? ? ?'?r?ti('-/?--C.., `1i(i•-[,i? r+?"T7?+ fig:t ( ?;?.z?1 ?" ?? IMPVKIA To -- ---' V' - --r Date M WH LEY WERE OUT ?) ?;?x of o'. _ak-' - Phone - '? J>n. l q q AREA CODE NUMBER EXTENSION TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL Message?k'' -- ----- _-- S' ned- -- - N.C. Dept. of Environment. Health, and Natural Resources ?? Printed on Recycled Paper J. FRED DAVIS, JR., INC. 705 Georgetown Road Post Office Box 18051 Raleigh, NC 27619 (919) 832-7704 TO: Mr. John Dorney NC Div. E, H, & N_R. ?19 No h St t Raleigh, NC we are sending you: Shop Drawings Copy of Letter X Other Copies Date Description 1 06-05-80 Soil erosion plan for sites 1 & 2 24 x36 B/L Gresham Lake fill area 0'/-Ul-93 e er re: i area These are transmited as checked below: For Approval X For Your Use As Requested X For Review & Comment Corrected Prints Approved as Submitted Return Approved as Noted Submit Return for Corrections Other Prints Returned After Loan to Us Copies for Distribution Resubmit Copies for Approval Remarks: Copy To: File signed: /0-- LJQ.L.LrAM Vr li[lilvJP1111,1L, Date 07-02-93 Job No. Att: Mr. John Dorney Re: Gresham Lake Raleigh, NC D F r ;, X Attached Under Separate Cover X Prints Plans Samples Change Order Specifications MEMO TO ?s ??3 SATE: 1 SUBJECT: Z'-1MS 560- ti; L?56T 45 z uo From: North Carolina Department of ?t Health, and Natural Resources ask WnrA vNp. Environment, * Printed on Recycled Paper EJ` v/ U (` State of. Noz ?-. Carollia Dcpa.rlrmnt of Enviro,:un-In.t, Health, and Natural ResourCCs Division of Envzxonmenta) ?.ana.?elr,c n.t P.O. Pox 29535 Raleigh, NC 27626-0535 VVATER QUALITY SEC! 10N FAX "# 919/733-13)° -IELECOPY T0: f eCJ ( y-LS FAX N7UI\/lBER-. 83 ? ? `?l 8) . _ E??O rTo?,'? 'O. Ol- PAGES, i C.UDING C0'MR SE ET: StATE ??: State of North Carolina Department of Environment, Health, and Natural Resources 512 North Salisbury Street • Raleigh, North Carolina 27604 James B. Hunt, Jr., Governor March 9, 1993 The News and Observer Post Office Box 191 Raleigh, North Carolina 27602 ATTN: Legal Ad Department Dear Sir: Subject: Public Notice Jonathan B. Howes, Secretary Please publish the attached Public Notice one time in the section set aside for Legal Advertisements in your newspaper. The publication should be run at the earliest possible date. Please send the invoice for publication and three copies of the affidavit of publication to the address given below. Payment cannot be processed without the affidavit of publication. N.C. Division of Environmental Management Water Quality Section Post Office Box 29535 Raleigh, North Carolina 27626-0535 If you have any question concerning this matter, please call me at 919/733-1786. Since ely, John D e Wetla ds nd Technical view Group JRD/kls N&O.ltr/Vol.7 cc: John Dorney Raleigh DEM Regional Office P.O. Box 27687, Raleiugh, North Carolina 27611-7687 Telephone 919-733-4984 Fax .# 919-733-0513 An Equal Opportunity Affirmative A-don Employer NORTH CAROLINA DIVISION OF ENVIRONMENTAL MANAGEMENT PUBLIC NOTICE is hereby given that Mr. Bennett Rowland near Raleigh, North Carolina has applied to the Division of Environmental Management for a Water Quality Certification pursuant to Section 401 of the Federal Clean Water Act and Environmental Management Commission rules in 15A NCAC 2H .0500 and 15A NCAC 2B .0109. The activity for which the certification is sought is to fill 2.47 additional areas of Gresham Lake adjacent to Perry Creek in Wake County. A total of 7.43 acres of the lake were previously filled under previous permits. The public is invited to comment on the above mentioned application to the Division of Environmental Management. Comments shall be in writing and shall be received by the Division no later than March 25, 1993. Comments should be sent to N.C. Division of Environmental Management, Water Quality Section, Planning Branch, P.O. Box 29535, Raleigh, North Carolina 27626-0535, Attention: John Dorney. A copy of the application is on file at the Division's Raleigh Regional Office (3800 Barrett Drive, Raleigh, North Carolina, 919-571-4700) during normal business hours and may be inspected by the public. A. Presto oward, Jr. P.E., Director North Carolina Division of Environmental Management DATE: March 9, 1993 IMPORTANT To ?O 30 Date 625 Time WHILE YOU WERE OUT _ of Phone AREA CODE NUMBER EXTENSION ? (' Message d w" 6'y" Signed TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL N.C. Dept. of Environment, Health, and Natural Resources osll MEMO DATE: TO: SUBJECT: luzo 'A CQ COD I& ttA, Q From: ow -VT7yTa-- ?a?wSTAT(q' ?? ?? , North Carolina DeRartment of Environment U^ril+k P%V%A Kill-L.. r% a _ 617 A Ito-, -- -- 14-1 (O- 7 t. . ;F i , WTI?li' f\I L f 1 `1 iA TO: DATE: SUBJECT: t ? \ i From: ?r??.r??srnrt ??? North Carolina Department of Environment, Health and Natural Resources Printed on Recycled Paper ?'?sV Wnrn Ntf?? w \ ti M • / r `? M o , tt "r 1? \ 4 b • U o M STATE OF NORTf i CAROLI NA DEPARTMENT OF TRANSPORTATION IAMIS l?. HUNT I R. DIVISION OF HIGHWAYS GOVT RNOR 331 West Main Street-Suite 100 Durham, North Carolina 27701 Telephone: (919) 560-6847 Fax: (919) 560-3204 August 4, 1993 Project: 4.49009 (8.U401712) I. D. No.: R-2000 E County: Wake Description: Raleigh Outer Loop at US 1 q MEMORANDUM TO: Phillip Humphries e%?00 FROM: C. D. Parker SUBJECT: Claim of UCB - Parcel No. 902 6199? WETLANDS GROUT' fER QUALITY SECTION S,A0.A I IUN I SIB N IARY We purchased the above property in its entirety on December 4, 1992. Subsequently, it appears from the project design plan that there will be a residue lying outside the actual area needed for the project. In the meanwhile, it also appears we will need right of way from the adjoining owner, Bennett Rowland. I am enclosing a property survey showing the metes and bounds areas of these properties, with the request that you review same and provide us data as to their value. We propose to make a trade with Mr. Rowland, acquiring the needed right of way in exchange for the residue of UCB property. If we can be of further assistance, please advise. CDP:tsg enclosures CC; Eric Galamb Cecil McLamb R. G. Gregory Cathy Lassiter (Roadway Design) J. FRED DAVIS, JR., INC. Consulting Engineers 705 Georgetown Road Post Office Box 18051 Raleigh, North Carolina 27619 Telephone (919) 832-7704 July 01, 1993 Mr. John R. Dorney, Wetlands and Technical Review Group State of North Carolina Division of Environment, Health and Natural Resources 219 East North Street Raleigh, North Carolina 27601 REF: FILLING A PORTION OF LAKE GRESHAM, RALEIGH, WAKE COUNTY, NORTH CAROLINA Dear Mr. Dorney, On behalf of my client, Mr. Bennett Rowland, I am writing to request that he be allowed to continue to fill a small portion of the lake between station 13+00 and station 14+20 as shown on the map entitled, "PROPOSED FILL AREA FOR LAKE GRESHAM", dated 06-05-80 and last revised 01-18-93 (copy of same enclosed). This fill section would enable Mr. Rowland to "dress up and straighten" the shoreline along the south side of the lake as proposed and shown on the enclosed map between the two previously mentioned stations as measured along the existing flow line (center line of main channel) and designated as the "right bank of the design channel". This area is a small sliver of the proposed fill containing approximately 0.87 acres. Mr. Rowland is anticipating a substantial amount of topsoil being transported to his site in the near future and would like to use this material to stabilize the shoreline as above described. After this fill is placed and the banks stabilized with rip-rap, he will fertilize, seed and mulch the shore line to improve the appearance and protect water quality. I appreciate you and Mr. Ron Ferrell having met with Mr. Rowland and myself 04-13-93 on site and discussing the prior fill operation. I hope that I have submitted enough data from our ongoing files concerning Lake Gresham that began around 1981. My files are open to you for inspection if you desire to do so. Should you permit Mr. Rowland to place the above described sliver of fill, I will be glad to furnish you a revised map of Lake Gresham showing the location of the completed right bank of the design channel. Sincerely, J. IS, ., INC. ? i m m ?• J Fred D is, r. Q,'I Pt f s, n 1 En ' veer ;k 3 3 JFD, JR. /db •°???` n r; ?' Enclosure IMPORTANT Date Time ICI CI YOU M WARE OUT < i? l?y) of / Phone AREA CODE //NUMBER EXT SION TELEPHONED 5F CALL L E CALLED TO SEE YOU CALL AGAIN t I WANTS TO SEE YOU NT U I GI RETURN ED YOUR CALL Message se s Signed N.C. Dept. of Environment. Health. and N tural spurces 1? PrinlnA n FPNfIPA P204f State of North Carolina Department of Envirnnmc n+ Health and Naturc Division of Environmer James B, Hunt, Jr., Gc Jonathan B. Howes, S A. Preston Howard, A S?M-5 Ls-t?, i--v /3 t E. ? ?SSG.?? i i lS C--- Bennett A. Rowland L/l<<s ? ?" ? G? ? 6700 Valley Lake Dril c Raleigh, N.C. 276122 C-C Dear Mr. Rowland: /-_ Subject: Proposed f - wit ?? yu_3- ?p2z<x ?4. 7 Gresham LE Wake County DEM Project # 93100 -:Upon review of your request for 401 Water Quality Certification to (remove ill material in 0.87 acres of wetlands or waters which are tribZt-d-t to Gresham Lake for evening out the edge of existing fill located at Gresham Lake Road and US 1 in Wake County as described in your submittal dated 1 July 1993, we have determined that the proposed fill can be covered by General Water Quality Certification No. 2671 issued January 21, 1992. A copy of the General Certification is attached. This Certification may be used in qualifying for coverage under Corps of Engineers' Nationwide Permit No.26. An additional proposed fill (appx. 1.7 acres) to the west of the existing fill is not allowed by this Certification. If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. Unless such demands are made, this Certification shall be final and binding. If you have any questions, please contact John Dorney at 919-733- 1786. Si cerr ely, 1,4 eston Howa/ Jr. P . E . 93100.1tr_ Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office Raleigh DEM Regional Office Mr. John Dorney Central Files Fred Davis Edward Dunn, Jr. 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 r State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management P.O. Box 29535 Raleigh, North Carolina 27626-0535 WATER QUALITY SECTION FAX # (919) 733-1338 TELECOPY TO: FAX NUMBER: FROM: NUMBER OF PAGES, INCLUDING THE COVER SHEET: PHONE: J 7 ?? DUNN • SARGEANT ASSOCIATES 136 MINE LAKE COURT RALEIGH, NORTH CAROLINA 27615 (919) 848-1188 FAX (919) 848-0814 April 27, 1993 Mr. John R. Dorney State of North Carolina Division of Environment, Health an( 219 East North St. Raleigh, NC 27601 Re: Project #93100,COE #19921527 Dear Mr. Dorney: IT s 1 F , l n Mr. Bennett A. Rowland has asked that we respond on his behalf to your letter dated April 14, 1993. You requested that additional information supporting his project be forwarded to your office. As you are aware, this project was previously approved for 9.9 acres and has only 2.5 acres remaining to complete the originally sanctioned work. I have asked Mr. Rowland to dictate to me all the facts in their proper chronology so as to paint the history of approvals for this project. He will further co-sign this document as to its accuracy. The first portion of this response will be a brief narrative history of the ownership of the property. The second portion will outline the detailed correspondence of all approvals to date under the current ownership. Thirdly, this portion will deal with the current changing face of the entire surrounding area due to new City of Raleigh standards, the new North Wake Expressway, land condemnations, etc. at our property. HISTORY OF OWNERSHIP In the early 1940's, the owner of this farm area was an individual whose last name was Gresham. This area was well north of Raleigh and south of Wake Forest and enjoyed no zoning regulations from those governments. All of the land lay to the east of the north/south Seaboard Coastline Railroad and was basically a valley falling in elevation toward the now Capital Boulevard. Mr. Gresham owned some 93 acres and decided to dam up the valley so as to have a private pond. As stated he owned all the land and therefore, when he built the dam, he owned the shoreline property as well as the pond floor as a private citizen. The pond was never a publicly owned entity and Mr. Gresham controlled all rights to it. In the early 1970's , he tired of the ongoing liabilities associated with owning the lake. Some of these were illegal garbage dumping, night parties, drownings, shootings, unauthorized entries, and a multitude of other happenings. Furthermore, properties to the west (up-gradient) of the Seaboard Coastline Railroad were beginning to be industrially developed and fear of underground leakage into his pond (now called Gresham Lake) from Halliburton and others caused him to wish to sell his property. ;Some of these have been since placed in your Super-Fund for clean- up.) Around 1974, Mr. Bennett A. Rowland bought the entire private 93 acres from Mr. Gresham with the thought of cleaning up the existing structures and continuing the businesses that were operating. The service road presently there was at that time the main US #1 Highway. In the early 19801s, the NCDOT shifted US #1 to the east and retained the service road rights of way. When Mr. Rowland removed some of the older structures in front of the dam, he discovered that the City of Raleigh had then territorial jurisdiction of zoning and that he did not have enough land depth to re- construct his businesses due to zoning set backs under the City's zoning. It was at this time that he was made aware of the future more restrictive zonings by the City as well as the City wanting to take more of his land for a future outer belt loop to be built in the 2000's. Acting upon advice from environmental consultants, professional engineers, hydrological engineers, geologists, lawyers, architects, transportation officials, Mr. Rowland was advised to apply for the proper permits allowing structural fill of 30 acres from the dam generally to the south and west. (See attached approved map by J. Fred Davis, P.E. called Bennett Rowland, Gresham Lake Site 8/11/86). NCDOT in preparing their ramps up to the large bridge over US #1 and the bridge over Seaboard Coastline Railroad. APPROVAL HISTORY OF PERMITS Attached to this document is the File Index prepared by J. Fred Davis, P. E. regarding all correspondence related to the entire approval process to date. We are attaching selective copies for your files and avail ourselves and our files for your perusal at any time. These files are huge and therefore quite difficult to transmit easily. Please examine the attached exhibits showing that Mr. Rowland has complied in all regards with the permits issued. As part of the approval process, Dr. Michael Amein, Ph.D., certified that the water levels as well as the dam were in compliance and that reduction of the water area by 30 acres would not be adverse and therefore was satisfactory to all agencies. We must reiterate that the lake is privately owned and is not a recreational lake to the public. Fishing and swimming is not permitted. The Raleigh Ski Club currently leases the lake in exchange for carrying liability insurance and a guarantee to clean floating debris. In addition, during our approvals it was proved that the lake was not in the headwaters and was not considered as a tributary for spawning of fishes, etc. Therefore, we feel that for the above reasons that you should not consider us as "excellent fishing opportunities" as stated in Mr. Hamilton's letter of 3/22/93 (NC Wildlife Resources). MAJOR CHANGES NOW HAPPENING Please refer to the color aerial showing the NCDOT rights of way to the south and east of the lake. It should be noted that the areas nearest these roads are going to need slope easements as well as become the collection area of pollutants, silt, oil and gasoline grime, etc. We do not ever see this lake as recreational. Furthermore, the super Overlay Highway District zoning to be placed along the Rights of Way of the North Wake Expressway will cause a reduction in usable land due to these required zoning buffers. Our 2.5 acre completion will simply help replace this space as well as provide solid buffer between the cause (NW Expressway) and its eventual recipient (the lake). We continue to receive reports of water samples up-gradient (above the lake) of higher lead concentrations entering then what we sample in the lake. We are concerned of the liability of bad fish, etc. being eaten and being sued. Once the lake fill project is complete, we intend to terminate our lease with the Ski Club and work with the 4% vo 00, ` •? \ d v! / ? x 00 C \ i i ~ / % r LL oo?si open « .,? Y ?i tGj ? ?_ ?? ,:?, ,;? ?' ;; ,x; `?. a?- ..,.N" 4Y r -ft a r April 15, 1993 Bennett Rowland Gresham Lake Fill 01-12-81 Corp. to C.O.R. (Baker) : Re-align spillway - 404 may be needed 05-06-81 Corp to JFD : No permits required - re-align spillway 07-15-81 C.O.R. to Rowland : Approved flood hazard boundary ammendments 10-02-85 JFD to Corp : Request re-delineation to pass 100 yr. storm 10-28-85 Corp to C.O.R. (Bowden) : Backwater input data - removing flasher and driveway boards 06-12-86 Amein to Fisher (Greenhorn-O'Mara) : Copy of HE-2 output sent 05-08-86 FEMA to Rowland : Review costs 08-27-86 Rowland to Lindsey : Documents for submittal 07-10-86 FEMA to Rowland : Req. for map revision - floodway 11-06-86 FEMA to Rowland : Req. for more data 01-06-87 FEMA to Rowland : Fee request 01-08-87 Amein to FEMA (Matticks) : Rev. to submittal 01-09-87 Rowland to FEMA (Matticks) : Req. to continue & send money 02-12-87 JFD to FEMA (Matticks) : Send new printouts (L.O.T) 03-17-87 Amein to Fisher (Greenhorn -O'Mara) : Send printouts 04-30-87 Amein to Fisher (Greenhorn e-O'Mara) : Send new printouts 06-04-87 FEMA to Rowland : Send $1,600 to complete review 06-16-87 FEMA to C.O.R. (Mayor) : Conditional letter of map rev. 11-25-87 Corp to Rowland : Stop fill work 12-10-87 JFD to Corp : Rebuttal to 11-25-87 - copies of all letters 12-10-87 Dept of Justice to Rowland : Stop fill - contact Corp 12-11-87 JFD to Corp : Filling of small pond, etc. 01-13-88 Corp to Rowland : Permit now required - applic. pkg. sent 03-03-88 Rowland to Corp : Permit 26 applied for 04-04-88 Rowland to Corp : Water quality cert. applic. 03-04-88 MRCP to Rowland : Certif. to fill (#2176) 03-29-88 Corp to Rowland : Authorized for permit 26 02-07-90 JFD to Jolly (Corp) : Soil erosion plans & correspondence 02-07-90 JFD to Jolly (Corp) : Amended fill area & req. time ext. 03-08-90 Corp to Rowland : Renewed Permit 26 09-12-91 Bunn, Hatch, Little : overfill? 04-06-92 Corp to B. H. & L. : not overfilled 03-25-92 JFD to Corp (Jolly) : Soil erosion plans, etc. 10-22-92 JFD to Rowland : Yardage left to fill (1) FILE INDEX 02-08-93 JFD to Corp (Alsmeyer) 02-09-93 JFD to DEM (Dorney) April 15, 1993 03-05-93 JFD to NCDR (Schaffer) 03-05-93 NC Cul. Resources to JFD 03-10-93 Corp to Rowland 04-14-93 DEH & NR (Dorney) to JFD (N.C. Wildlife) to Dorney Bennett Rowland Gresham Lake Fill : Req. for Nationwide permit, letters : Req. for Nationwide permit, remaining fill : SAW 26 & Gen. Corp. 404 : Review 404, Permit, No comment : Permit 26, Authorization to proceed : Moving to denial - req. additional data : Comments on 404 Certification (2) , , r DEM ID: ACTION ID: NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): 26 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 Telephone (919) 733- 17 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: Bennett A. Rowland 2. OWNERS ADDRESS: 6700 Valley Lake Drive Raleigh, North Carolina 27612 3. OWNERS PHONE NUMBER (HOME): WATER QUALITY PLANNING DIVISION OF ENVIRONMENTAL MANAGEMENT NC DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES P.O. BOX 29535 RALEIGH, NC 27626-0535 ATTN: MR. JOHN DORNEY (919) 848-0534 (WORK) : (919) 872-3656 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: N/A 5. LOCATION OF WORK (MUST ATTACH MAP). COUNTY: Wake NEAREST TOWN OR CITY: Raleigh, N.C. SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): located on Capitol Blvd. (US Hwy #1 North at Lake Gresham) said lake located approx. 8 miles north of the center of Raleigh, N.C. ' 6. NAME OF CLOSEST STREAM/RIVER: Perry Creek 7. RIVER BASIN: Neuse 8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW, WS I, OR WS II? YES ( ) NO (X) 9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES (X) NO ( ) IF YES, EXPLAIN. necessary for previous Nationwide permit to be valid. 10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, LOCATED ON PROJECT SITE: 49.2 ac. 7/8/92 7 . 1 -2- 11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY THE PROPOSED PROJECT: FILLED: 9.9 acres (7.43 acres completed) DRAINED: FLOODED: EXCAVATED: TOTAL IMPACTED: 12. DESC(2IPTION OF PROPOSED WORK (ATTACH PLANS): filling 9.9 acres of a 49.2 ** acre lake as shown delineated on attached map. 13. PURPOSE OF PROPOSED WORK: fill 9.9 acres of Lake Gresham for commercial use. Lake size is approx. 65 acres. 14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS. Commercial property close to residential subdivisions, major highways, and railroads with municipal water and sewer adjacent to site is needed by the public for their convenience. This minimizes ravel, saves fuel, and reduces pollutants to the atmosphere. 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 (X) NO ( ) See copy of letters RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS. attached. 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 ( See copy of letters attached. 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. Remaining fill to be placed in lake as shown on attached plat. B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT. Not available C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. N/A D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH COPY. N/A E. WHAT IS LAND USE OF SURROUNDING PROPERTY? Primarily Industrial Use. F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? Citv of Raleiah Public Seweraae Svstem 0 ER'S SIGNATURE DATE J. FRED DAVIS, JR., INC. Consulting Engineers 705 Georgetown Road Post Office Box 18051 Raleigh, North Carolina 27619 Telephone (919) 832-7704 October 22, 1992 Mr. Bennett A. Rowland 6700 Valley Lake Drive Raleigh, North Carolina 27612 REF: PROPOSED FILL IN LAKE GRESHAM, RALEIGH, WAKE COUNTY, NORTH CAROLINA. Dear Mr. Rowland, You obtained a "Land Disturbing Activity" permit (4794LD) from the City of Raleigh on 07-29-87 at a cost of $2,525.00, for disturbing 29.7 acres. You also obtained a water quality certification to place fill in Gresham Lake; Certification No. 2176 was issued 11-04-87 from the State of North Carolina Department of Natural Resources and Community Development. You received a Nationwide Permit (33CFR 330 J (a) (26) from the Corps of Engineers on 03-29-88, authorizing the fill of 9.9 acres of Gresham Lake land. Since the acquisition of the above permits and the payment of fees, you have filled the greater portion of the 9.9 acres allowed. As you requested, I have calculated the approximate volume of fill available in the remaining 19.8 acres authorized by the Land Disturbing Activity Permit to be approximately 600,000 cubic yards. In order to proceed filling any of the remaining 19.8 acres, other permits will have to be obtained from the State Dept. of Natural Resources and Community Development and the Corps of Engineers. If you desire, I will be glad to assist you in,obtaining the required permits. Sincerely, :.?0 c ' r ?ofessivml S, JR. INC d.Davis, Jr °, °"'?'•' j ° Engineer #3333 , V ?IIiYYt,Y DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO Regulatory Branch April 6, 1992 Action ID. 199201527 and Nationwide Permit 26 Ms. S. Michelle Bradshaw Hatch, Little and Bunn Attorneys at Law Post Office Box 527 Raleigh, North Carolina 27602 Dear Ms. Bradshaw: Reference is made to your letter of September 12, 1991, concerning Mr. Bennett A. Rowland's placement of fill into Gresham Lake adjacent to U.S. Highway 1, in Raleigh, Wake County, North Carolina. In that letter, you expressed concerns that Mr. Rowland had exceeded the 9.9 acre limit of fill authorized by Department of the Army nationwide permit (33 CFR 330.5(a)(26). During a telephone conversation with Mr. Ken Jolly of my staff on October 30, 1991, you were advised that Mr. Jolly had inspected the worksite and requested a survey of the present fill limits. A field survey of the site dated March 11, 1992, revealed that all fill was landward of and within the authorized fill limits as of that date. Mr. Rowland was notified that we were in concurrence with the findings of that survey, and cautioned that he not exceed the permitted limits. Mr. Rowland has assured my staff that he is aware of the project limits and will do all he can to ensure that these limits are not exceeded. We appreciate your concern in this matter. Should you have further questions, please contact Mr. Jolly at the Raleigh Regulatory Field Office, telephone (919) 846-1217. Sincerely, G. Wayne Wright Chief, Regulatory Branch Copies Furnished: Mr. Bennett A Rowland Mr. Mike Coughlin 6700 Valley Lake Drive Wake County Developmental Services Raleigh, North Carolina 27612 Post Office Box 550 Raleigh, North Carolina 27602 Mr. Fred Davis, Jr. st Office Box 18051 aleigh, North Carolina 27619 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA-28402.1890 March 8, (990 IN REPLY REFER TO Regulatory Branch SUBJECT: CESAW-C090-D-092 and Nationwide Permit 26 Mr. B. A. Rowland 6700 Valley Lake Drive Raleigh, North Carolina 27612 ?.` 3n? r 9o,.J Dear Mr. Rowland: Reference is made to my letter to you of March 29, 1988 concerning your proposed placement of fill material into 9.9 acres of G am Lake to allow for commercial development of your property in Raleigh, Wake County, North Carolina. In that letter, you were notified that your proposed fill activities were authorized by Nationwide Permit 33 CFR 330.5(a)(26). Reference is also made to Mr. J. Fred Davis' letter of February 7, 1990, requesting a time extension for completion of the authorized project. Department of the Army permit authorization pursuant to Nationwide Permit 33 CFR 330.5(a)(26) is hereby renewed for your proposed placement of fill material into 9.9 acres of Gresham Lake, located above the headwaters of Perry Creek, provided the work is accomplished in strict accordance with the enclosed conditions. This verification will be valid until the nationwide permit is modified, reissued, or revoked. All nationwide permits ar r99 scheduled to be modified, reissued, or revoked prior to January 13, 21 It is incumbent upon you to remain informed of changes to the nationwidd", prmits. We will issue a public notice announcing changes when they occur. Furthermore, if you commence, or are under contract to commence, this activity before the date the nationwide permit is modified or revoked, you will have twelve months from the date of the modification or revocation to complete the activity under the present terms and conditions of this nationwide permit. This authorization is valid for a period of two years from the date of this letter. If you have questions, please contact Mr. Ken Jolly, Raleigh Regulatory Field Office, at telephone (919) 846-1217. Sincerely, ne Wr tht ARegulatory Branch Enclosure -2- Copies Furnished (without enclosure): Mr. J. Fred Davis, Jr. Consulting Engineers Post Office Box 18051 Raleigh, North Carolina 27619 Mr. John Parker North Carolina Department of Health, Environment and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. William Mills Water Quality Section Division of Environmental Management North Carolina Department of Health, Environment and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 CONDITIONS a. Any discharge of dredged or fill material will not occur in the proximity of a public water supply. b. The activity will not jeopardize a threatened or endangered species as identified under the Endangered Species Act, or destroy or adversely modify the critical habitat of such species. C. The activity will not significantly disrupt the movement of those species of aquatic life indigenous to the waterbody (unless the primary purpose of the fill is to impound water). d. Any discharge of dredged or fill material will consist of suitable material free from toxic pollutants. e. Any structure or fill will be properly maintained. f. If the activity may adversely affect historic properties which the National Park Service has listed on, or determined eligible for listing on, the National Register of Historic Places, or if significant historic properties are encountered before or during work, the permittee will notify the District Engineer. g. An individual state water quality certification must be obtained or waived. Conditions of certification will be considered to be special conditions of the Federal nationwide permit. Please contact Mr. William Mills, North Carolina Division of Coastal Management, telephone (919) 733-5083. h. The following management practices will be followed to the maximum extent practicable: (1) Discharges of dredged or fill material into waters of the United States will be avoided or minimized through the use of other practical alternatives. avoided. (2) Discharges in spawning areas during spawning seasons will be (3) Discharges will 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 waters (unless the primary purpose of the fill is to impound water). (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 will be minimized. (5) Discharge in wetland areas will be avoided. (6) Heavy equipment working in wetlands will be placed on mats. c z e• ?• r • ?? s N J 4 r ` ? ? ??`?113Xd? ' ro I"v. :s •? w o A I? cd b N U ?x ca cd 4 3 a u \ ?o 0 z° ?> z 0 -? F- N Z N cr. _j Q Q = 3 w O U) H•UZ$Q 0:5 z LL 1 O m z x x w ? m Z W O S3 0 O JQ W w m z U ? z CL IL LL. Q Z 0 U O W Z O 3 cli N r z??n State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor R. Paul Wilms S. Thomas Rhodes, Secretary Director March 4, 1988 Mr. Bennett A. Rowland 6700 Valley Lake Drive Raleigh, NC 27612 Subject: Proposed Fill in Headwaters or Isolated Wetlands Bennett A. Rowland - Lake Gresham Wake County Dear Mr. Rowland: Upon review of your request for Water Quality Certification to place fill material in Lake Gresham, 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, . Paul Wilms RPW/dkb Attachment cc: Wilmington District Corps of Engineers Raleigh Regional Office t /Fred Davis, Jr., Inc. i. Pnllutinn Prrvrntiun Paps P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 A- r.,.-1 rk ... , e14;.........,_ e.+..,... F.....I,...... x ,N GENERAL CERTIFICATION THIS GENERAL CERTIFICATION is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15NCAC2H, Section .0500 for the discharge of fill material to navigable waters or adjacent wetlands areas which are above the headwaters or to wetland areas that are not a part of the surface tributary system to interstate waters or navigable waters of the United States (i.e. isolated wetlands) as described in 33 CFR 330.5(a)(26) of the Corps of Engineers' regulations. The category of activities shall include any fill activity in these headwaters and isolated wetlands areas where the activity does not result in the loss or substantial modification of 10 acres or more of waters of the United States, including wetlands. The State of North Carolina certifies that the specified category of activity will not violate Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth. Conditions of Certification: 1. Proposed fill or substantial modification of 1 to 10 acres of such waters, including wetlands, requires a written concurrence from the Division of Environmental Management. Activities involving less than one acre do not require written concurrence. 2. Excluded from this General Certification are discharges of fill in waters classified WS I, II, or III (public water supplies) and SA (shellfish waters). This exclusion also applies to fill in wetlands adjacent to these waters. Discharge proposed for these waters or wetlands must be considered for certification on a case-by-case basis; • .? - 2 - 3. That the discharge will consist of suitable material free from toxic pollutants in other than trace quantities; 4. That established erosion control practices are utilized to prevent excessive increases in turbidity and settleable solids concentrations in the water body as a result of the discharge; 5. That the discharge of fill material shall be in accordance with the conditions and management practices specified by the Corps of Engineers in 33 CFR 330.5 and 330.6 for nationwide permit number 26. Non-compliance with or violation of the conditions herein set forth by a specific fill project shall result in revocation of this Certification for the project. The Director of the North Carolina Division of Environmental Management may require submission of a formal application for certification for any project in this category of activity, if it is determined that the project is likely to have a significant adverse effect upon water quality or degrade the waters so that existing uses are precluded. Public Hearings may be held for specific applications or group of applications prior to Certification if deemed in the public's best interest by the Director of the North Carolina Division of Environmental Management. st This the ?r day of ?(fw..Lr ??"? DIVISION 'q ENVIR* ?ENT MANAGEMENT ?// it R. Paul Wilms, Director ,. NCY MAN V d ? ?'yy o ' o b JW 1 Is off Federal Emergency Management Agency Washington, D.C. 20472 The Honorable Avery C. Upchurch Mayor, City of Raleigh P.O. Box 590 222 W. Hargett Street Raleigh, North Carolina 27602 Dear Mayor Upchurch: Community No.: 370243 Case No.: 86-04-04R City of Raleigh, Wake County, North Carolina This is in response to a letter dated April 2, 1986, from Mr. Danny Bowden, Conservation Engineer, City of Raleigh, to the Federal Emergency Management Agency (FEMA) regarding the Flood Insurance Study (FIS) for the City of Raleigh, Wake County, North Carolina. With his letter, Mr. Bowden submitted a report entitled, 'Floodway Determination for Perry Creek in Gresham Lake,` dated March 1986 and prepared by Dr. Michael Amein for J. Fred Davis Jr., Inc. With a letter dated June 12, 1986, Dr. Amein submitted a revised report, dated June 1986, that revised the orientation of cross sections used in the hydraulic analysis for the March 1986 report. In addition, the hydraulic analysis for the June 1986 report contains updated cross-section data for the Chessie System bridge and for the bridge removed at Rock Quarry Road. The June 1986 report outlines a proposed plan to partially fill the southern portion of Gresham Lake without increasing the base flood elevations (BFEs ) of Perry Creek. In a letter dated July 10, 1986, to Mr. Bennett A. Rowland, developer for the proposed project, we requested that a floodway analysis be performed for the proposed project. In a letter dated November 6, 1986, to Mr. Rowland, we detailed the procedure needed to generate a floodway analysis for Perry Creek with Dr. Amein's hydraulic analysis. With a letter dated April 30, 1987, Dr. Amein submitted a revised floodway analysis for Perry Creek. We have reviewed the PIS with respect to the information submitted. If fill is placed in Gresham Lake as proposed, we believe that flood waters entering Gresham Lake will be adequately conveyed by the improved channel as outlined in the report. The placement of fill will not change the BFEs through Gresham Lake, but the floodway will be narrowed an average of 400 feet. As a result of the updated cross-section data used in the hydraulic analysis, the BFEs will increase about one foot just upstream of the Chessie System bridge, and will decrease about seven feet at the site where the bridge was removed at Rock Quarry Road. Upon completion of the project and receipt of community approval and 'as- built' plans certified by a registered professional engineer, FEMA will make a determination on revising the PIS. However, before FEMA can make a determination concerning a revision to the floodway, we will need a written statement from the City of Raleigh approving the revised f loodway and stating that it will enforce the revised floodway. • The basis of this Conditional Letter of Map Revision is a proposed channel modification project. National Flood Insurance Program (NFIP) regulation 44 CFR 60.3 (b) (7) requires that communities 'assure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained.' This provision is incorporated into your community's existing floodplain management regulation. Consequently, upon completion of the project your community will be responsible for maintaining the channel. In addition, this Conditional Letter of Map Revision is based on minimum floodplain management criteria established under the NFIP. State and community officials may set higher standards for construction in floodplain areas. If the State of North Carolina or the City of Raleigh has adopted more restrictive or comprehensive floodplain management criteria, these criteria take precedence over the minimum NFIP requirements. If there are any further questions regarding this matter, please do not hesitate to contact the Chief, Natural and Technological Hazards Division of F 714A, in Atlanta, Georgia, at (404) 347-2391 or Mr. Daniel cotter of our Central Office staff in Washington, D.C., at (202) 646-2757. Sincerely, 1"'Q J h L. Matticks f, Risk Studies Division Federal Insurance Administration cc: Mr. Mark T. Senior City of Raleigh Mr. Danny Bowden City of Raleigh Dr. Michael Amein, P.E. Mr. J. Fred Davis, Jr. J. Fred Davis Jr., Inc. Mr. Bennett A. Rowland Mr. W.W. Carroll T Received of Address No. M' 439373 . d' Y'VIXT d'%M1 " A T T'TlITT WTI-% 1MVT l A - -I PAID Ll- 1;lTY OF RAIEICH ?PI K-",,U lY s9{? BY DIV[RWKD OUSN SS FORMS. GRT. NC 27511 1919) 469.2335 10.131646E Collector. -1.. DEPAKTMtN T Ul- INbFt:L; I IVNS Lel?l DATE/TIME 07/29/87 09:14 CITY OF RALEIGH PERMIT 4794 L TRAN NO. 850 INSPECTIONS DEPARTMENT PERMIT FOR LAND DISTURBING ACTIVITY ADDRESS 6935 NORTH BLVD PROJECT TYPE SUBDIVISION BLK LOT PRIG 7194 PROPERTY OWNER. BENNETT ROWLANO CITY LIMITS OUT ADDRESS .?--' 69]5 NORTH-_r3LVD. ° -- ti_ TRACT SIZE 540.0 PLANS PREPARED BYJ".-FRED DAVIS ZONING 1 50 ADDRESS .G +r .. r?`.? Y05 GEORGrTQWH°'10,.•-,. CDNTRACT,31,NAME j'CENN? ?'T ?? t ?,9 ?,brrr sta.,; .?, '•? x r. `, , R ADDRESSrx7c;-r N*TMa-+ J TEk '# AC7IVITx2` GRADING FILLR>„$AMS LAKE tff ct !f", S7ssfS ii' r 1("tt 11riT^ t E i ,.ti y sr t r 1 11 I? ,ow R, ?R A 9.7 ACRES ??kY # 2 ;' 23000 yv ...,:? 1?*L .k 1:vi ,:i`?_' .?/.7.,: •?,?a? ?'.tf 'iis. Y ! .7 ?'...?•,}ti ,"". ?S _ ? '? ,. ?, '? ?..?i+ +, r ?'?•r.«??Zv. y,,flttv... ?,.:,? r r?? f ; :tbt? ? r. ...i? ? iFi' 4.. 4,, '? 1 -'? t,. ? ? ' rte." ??.: ?.. '?3 i ? .:J is"+(r%;iJti•?? 31 sdl / > :w `9, ??e9r?. ?? ??? '? °". 7,.if. e•. ?[ ,}st .'? I' ;i. t. a?i? i! ,r' , Itt?. •"I.?Yt !1.Lf r ?1,y •' ? [11i11* 1'?' `!?`?? ?'? ?r ?.? s -' } DATE: 07/29/87 -CASrKXgft; ASS,. ``'I.NITIAL.t OUNT rDL,LA TED; $29525.00 t d yy 1?i+ !' ? , 'R?? X11 w., I. r. «.,...._._.....,.- ?.n. w .-a vt ?' .:: aKRIM, 4794 L . -i..?t?fi ..?- t3?.F3:k?G y' ',1 di •nf-?a1J??dit,,yyfy ?'1-??r, r{ `?ai?i, .vf''fit . V? „th?(??? •' c? ,ttitl?'''?""T.4'r]V ,??'`i'+[? ;1t ' It ?tip' G(t , ti Jf :7flj , wit ???t qtr;; tJ<? > f Y l? 'r??{?? -Ir PLEASE REFER TO CRITICAL NOTES ON THE OPPOSITE SIDE OF THIS SHEET' 222 W. HARGETT STREET • P.O. BOX 590 • RALEIGH, NORTH CAROLINA 27602 DEPARTMENT OF INSPECTIONS DATE/TIME 07/29/87 09:14 TRAM N0. BSa . PERMIT CITY OF RALEIGH INSPECTIONS DEPARTMENT FOR FLOOOPLAIN REGULATION PERMIT 8: PURPOSES ADDRESS 6935 NORTH BLVD PROJECT TYPE 7 4795 SUBDIVISION BLK• LOT PRID A PROPERTY OWNER ?.•" BENNETT ROWLAND CITY LIMITS ADDRESS "691'5 NORTT-- BLVD TRACT SIZE lic PLANS PREPARED BY FRED DAVI,S-? ZONING 1 50 ADDRESS 705, 6EORGET4i/N-RDW- R A L E lGjK NG CONTRAGiDR NAME,' s SEyN?Yi Ra.44NO h CONT . NQI' AODRES4 Sp t6915- NDR•Mrt• l?tr /.? 4? ? «Y ! 7';,_'-.t Y _ ???, ?W l +.. •??ii ?, `'t` ?,. ?'.?/}1 ?'?l{ TELL F 4 A ACTIVITY: FLOIOOP4AIN FILL 6RESMAMS LAXE Y tFjr4 'P. 'ELEVATION a2, Z.0 -`FEET r'#':,' TUI COMMENTS ???'. •w` L? t• tliv ?.. ' aft '1.nf jY i??l? .,' ^?it i,i? 7.,+.?^• r i?' ?.• 4'?' e, lr` ? r. :.../ / ,! j } ice-. ! r e•; ,.i W' ?,:.t J' /r r.. .Y `,Y j , ??cyT ?tr,? ?•, '4tj1 .•:?I. '1? ,..,? I ??? y _,yN+.? ...._.. ., ???.. ?_R. "rfrSr ?.r?. ,? 1-'. 1/ .. T' , .?!_,t i .,i''+l.:r , s wT 719' OUT 540. DATE: 07/29/87 GASOTElt4, ,,ABS iA?MALS.... r AMOUNT] COLLECTED: $25.0 ,.,p :fi?t?A??4113. ?" h `?';. ; ? "?rr...a....+.+......•.•."_s -cil', .?T. L? ••'r'-"' ? ? :,,? ti21r•?ttii't:.1 ? "r' PERMIT 0: 4795 541114 r ?fllt~?A.''?_ 51F-111.,?. flGt:4 .FL7KQ }f i4'.'Cr « '}1 /'?'"t.. .00 bsL,v l1 )pstiw,ol4( etv .?'y q ss 1ti. .. Ix,a1 ?L /?`VL(iy?f a+?,. ri _?•"1.e#^' 1' :??,? 4/ t fit ° • e1 {i ?'r w`i N PLEASE REFER TO CRITICAL NOTES ON THE OPPOSITE SIDE OF THIS SHEET 222 W. HARGETT STREET • P.O. BOX 590 • RALEIGH, NORTH CAROLINA 27602 Personal Account Information Redacted J. FRED DAVIS, JR., INC. Consulting Engineers 705 Georgetown Road Post Office Box 18051 Raleigh, North Carolina 27619 Telephone (919) 832-7704 December 10, 1987 United States Army Corps of Engineers Regulatory Branch (CESAW-Co-EE) Post Office Box 1890 Wilmington, North Carolina 28402-1890 Attention: Mr. Mike Smith Re: Your letter dated 11/25/87 regarding alleged unauthorized filling activity at Gresham Lake, Raleigh, N.C., and subsequent phone conversations requesting information. Dear Mr. Smith, Relative to information requested by you regarding filling in Gresham Lake the following is submitted. 1. Copy of letter dated 1/12/81, to Mr. E. Wayne Baker, Conservation Engineer, City of Raleigh, N.C., from K.B. Old, Jr., Acting Chief, Flood Plain Management Services Branch. 2. Copy of letter dated 5/6/81 from the Department of the Army, Regulatory Functions Branch, eliminating need for individual permit. 3. Copy of letter dated 7/15/81 from E. Wayne Baker, Jr., Conservation Engineer, City of Raleigh. 4. Copy of letter dated 10-2-85 from this office to Colonel Wayne Hanson, District Engineer, Wilmington, North Carolina. 5. Copy of letter dated 10-28-85 to Mr. Danny Bowden, Conservation Engineer, City of Raleigh, from K.B. Old, Jr. 6. Copy of land disturbing permit from City of Raleigh. 7. Copy of flood plain permit from City of Raleigh. 8. Copy of check and receipt for permits. 9. Copy of map by this office entitled " Property of Bennett Rowland, Gresham Lake Site"- Channel Design, dated August 11, 1986, and revised 7/02/87. s- Mr. Mike Smith December 10, 1987 Page Two The estimated area of the lake that has been filled since 7/29/87 is 0.75 acres. I believe the above items are as you requested. My files are open to you if additional information is needed. Sincerely, _ i G- ? r d Davis, Jr. j E 3333 JFD/dcb Encls. (9) 306 Electra Drive Cary, N.C. 27511 June 12,1986 Mr. Lyle Fisher Greenhorne and O'Mara 9001 Edmonston Road Greenbelt, Md.,20770 Dear Mr. Fisher: A copy of the revised report on Perry Creek in Gresham Lake and a HEC-2 output with the proposed new channel in the lake is enclosed. In this revision, the added cross-sections have been redrawn so that the stationing is from left-to- right looking downstream. The GR cards were revised to reflect the change. As I mentioned it over the telephone, I discussed the matter of the effect of storage loss in the lake on the outflow hydrograph with Mr. W. Ray Batchelor of the Corps of Engineers. This question is dealt with in 'Section III. Design Floods' of the report. The Corps of Engineers has prepared a floodway analysis for the city of Raleigh. If the design floods and the water surface elevations above and below the lake remain essentially unchanged, there may be no need to run new analyses. Mr. J. Fred Davis will obtain a copy of the city of Raleigh's approval of the proposed plan and will submit it to you. Sincerol Michael Amein Professor of Civil Engineering N.C. State University, Personal Account Information Redacted 3 31: 56Pr9 P.2 _ E'E'Norffi Carolina Wildlife Resources Comadssion §,r _ 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Execucive Director MEMORANDUM TO: John Dorney, Water Quality Planning Division of Environmental Management Department of Environment, Health, & Natural Resources FROM: Richard B. Hamilton, Assistant Director North Carolina Wildlife Resources Commission DATE: March 22, 1993 SUBJECT: DEM #93140, 401 Certification Application for Gresham Lake, Wake County, North Carolina. Biologists from the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the subject permit application and an onsite visit was conducted on March"9, 1993 for the purpose of further assessing project impacts on fish and wildlife resources. Our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.) and the Clean Water Act of 1977 (33 U.S.C. 466 et seq.). Lake Gresham, an impoundment of Perry Creek, provides excellent fishing opportunities for largemouth bass, crappie, sunfish species and channel catfish. The applicant is currently completing the filling of 7.5 acres of the 49 acre impoundment and is seeking a permit to fill an addit' nal 2.4 acres of the lake for commercial use. The fill already completed has resulted in a decrease in the impoundments surface area of approximately 15k. Additional fill will negate another 5 to 85'k of the impoundment. The ongoing activity has increased turbidity levels in the lake. At the time of inspection no erosion control measures were noted on the site previously filled, or on the site where work was progressing. Increased turbidity will have negative impacts to fisheries resources in the lake. It will also decrease buffering capacity and retention time of water in the lake and result in increased nutrient and sediment loading downstream. ?R 13 193 01:57PM P.3 Memo Page 2 March 22, 1993 The applicant has not demonstrated that the development of commercial property at this location is wetland dependant. Based upon the information provided in the permit application, the results of our onsite investigation, and our knowledge of the fishery and wetland benefits of Lake Gresham, NCWRC recommends that 401 Water Quality Certification be denied. Thank you for the opportunity to review and comment on this application. If we may provide additional information, or if you should have questions, please contact our Habitat Conservation Program Manager, Dennis Stewart at (919) 752-3270. WJ/sp CC: The Honorable Eugene Price Wayne Jones , Mike Scruggs Steve Pozzanghera a- s L-Li 2 . (17 L? w t? 4., Z r d, 0 U Ljj u w LL-1 0 `?- o 0 7 0 oooz-? u z u ti ~ LU e,li:l ,a- ?r 5 71 w 0, ,c IL i ICI? Lt7G E7 6 i1 'I-1I53C l.yffluD, 107 W033 ;,:? CAPITAL BOULEVARD CORRIDOR PLAN ;EGTION 'H KZEF:- GT101?! J? EG"f t v "( INC) LEGEND ?1 STUDY AREA VISUAL RESOURCES STUDY AREA 0 North Carolina Wildlife Resources Commission 01 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: John Dorney, Water Quality Planning Division of Environmental Management Department of Environment, Health, & Natural Resources °`?I? FROM: Richard B. Hamilton, Assistant Director North Carolina Wildlife Resources Commission DATE: March 22, 1993 SUBJECT: DEM #93100, 401 Certification Application for Gresham Lake, Wake County, North Carolina. Biologists from the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the subject permit application and an onsite visit was conducted on March'9, 1993 for the purpose of further assessing project impacts on fish and wildlife resources. Our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.) and the Clean Water Act of 1977 (33 U.S.C. 466 et seq.). Lake Gresham, an impoundment of Perry Creek, provides excellent fishing opportunities for largemouth bass, crappie, sunfish species and channel catfish. The applicant is currently completing the filling of 7.5 acres of the 49 acre impoundment and is seeking a permit to fill an additional 2.4 acres of the lake for commercial use. The fill already completed has resulted in a decrease in the impoundments surface area of approximately 15%. Additional fill will negate another 5 to 8% of the impoundment. The ongoing activity has increased turbidity levels in the lake. At the time of inspection no erosion control measures were noted on the site previously filled, or on the site where work was progressing. Increased turbidity will have negative impacts to fisheries resources in the lake. It will also decrease buffering capacity and retention time of water in the lake and result in increased nutrient and sediment loading downstream. Memo Page 2 March 22, 1993 The applicant has not demonstrated that the development of commercial property at this location is wetland dependant. Based upon the information provided in the permit application, the results of our onsite investigation, and our knowledge of the fishery and wetland benefits of Lake Gresham, NCWRC recommends that 401 Water Quality Certification be denied. Thank you for the opportunity to review and comment on this application. If we may provide additional information, or if you should have questions, please contact our Habitat Conservation Program Manager, Dennis Stewart at (919) 752-3270. WJ/sp cc: The Honorable Eugene Price Wayne Jones Mike Scruggs Steve Pozzanghera 1 1 1 Y'2 6 4 WETLANDS GP Report WATER QUALITY e - FLOODWAY DETERMINATION FOR PERRY CREEK IN GRESHAM LAKE FLOODWAY DETERMINATION FOR PERRY CREEK IN GRESHAM LAKE by Michael Amein, Ph.D.,P.E. 306 Electra Dr., Cary,N.C. 27511 Prepared for J. Fred Davis Jr. Inc. Consulting Engineers March 1986 Revised June 1986 r C' 1. Introduction This report is concerned with the computation of water surface elevations and water surface profiles in Perry Creek, Raleigh, N.C. through Gresham Lake and its vicinity (a) under existing conditions, and (b) with a proposed floodway channel through the lake. At the present time, Perry Creek enters Gresham lake below the Seaboard Coastline Railroad Bridge and leaves the lake through a box culvert under the U.S. Highway No. 1. Under a proposed plan for the development of the Gresham Lake area, the lake would be partially filled. The purpose of the proposed floodway is to maintain and preserve adequate passage for Perry Creek through the lake. The main objective of this study is to determine the effect of the proposed development on the water surface elevations upstream of the site. II.Procedure The procedure for determination of the water surface elevations through Perry Creek consists of the following steps: (1) Determination of the channel cross sections through Perry Creek (2) Selection of the design floods (3) Computation of the flow profiles In January 1981, the U.S. Army Corps of Engineers, Wilmington District, determind the water surface profiles through Perry Creek beginning at U.S.No. 1 Bypass and extending through Gresham Lake and ending at the bridge at Litchford Road. For this purpose the Corps had prepared cross section data from airphoto maps, topographic maps and other sources. The profiles were determined by the HEC2 model for design floods with recurrence intervals of 10,50,100 and 500 years. The same data have been used as the primary source in the present study. The data, however, have been rechecked with the topographical maps, and supplemented by additional surveys and measurements. To determine the profiles under the proposed plan of development, additional sections were introduced in the lake site, and the new floodway was delineated on these cross sections. The design floods for the computation of the water surface profiles selected for this study are identical to thos.e determined by the U.S. Army Corps of Engineers for sections along Perry Creek. In this study the calcualtions were performed by using the latest version of HEC2 (1976 version updated March 1984) adapted for the IBM-PC RT. The output files were edited for the purpose of this report and the summary tables were compiled using LOTUS software. 2 L t 'J CONTENTS Item Pages I. Introduction 2 II. Procedure 2 III. Design Floods 3 IV. Cross Section Date 4 V. Water Surface Profiles and Elevations 5 VI. Conclusions 22 LIST OF TABLES No. Description Pages 1 Design Floods on Perry Creek, N.C. 3 2 Cross Section Data for Perry Creek in Gresham Lake, Raleigh, N.C. 4 3 Summary Printout 18-20 LIST OF FIGURES No. Title Pages 1 Cross sections 12890, 14800, 15000 and 15600 7 2 Cross section 14300 8 3 Cross sections 14550 9 4 Profile for stream 10 year natural under existing conditions 10 5 Profile for stream 50 year natural under existing conditions 11 6 Profile for stream 100 year natural under existing conditions 12 7 Profile for stream 500 year natural under existing conditions 13 8 Profile for stream 10 year natural in the proposed lake channel 14 9 Profile for stream 50 year natural in the proposed lake channel 15 10 Profile for stream 100 year natural in the proposed lake channel 16 11 Profile for stream 500 year natural in the proposed lake channel 17 12 Site Map 21 1 11 As with the Corps study, the calculations were performed for the reach of Perry Creek extending from the U.S. Highway No. 1 through Litchford Road Bridge. Due to the significant slope of Perry Creek between Litchford Road and the Seaboard railroad bridge, it is not expected that the backwater effects from the developments in Gresham Lake would extend ' beyond Litchford Road, and therefore there is no need to extend these computations beyond Litchford Road bridge. The location of the cross sections and the alignment of the ' proposed channel are shown on the site map, Fig. 12. III. Design Floods The design floods, as determined by the U.S. Army Corps of Engineers, Wilmington District and used in this study are given in Table 1. ' TABLE 1 Design Fl oods on Perry Cree k, Raleigh, N.C. Location Section Recurrence Magni tude interval ' Litchford Rd 20364 10 yr 920 ofs 50 yr 1600 of s 100 yr 1900 cf s 500 yr 3350 of s Below Rook Quarry 18000 10 yr 980 cfs 50 yr 1620 of s ' 100 yr 1920 cfs 500 yr 3520 cfs Seaboard RR 16400 10 yr 1000 cfa 50 yr 1700 cfs 100 yr 2000 cfs 500 yr 3720 cf s Above Dam at 12890 10 yr 1050 ofs Gresham lake 50 yr 1790 ofs ' 100 yr 2200 of s 500 yr 4080 of s US Highway No. 1 12700 10 yr 1100 ofs 50 yr 1800 cfs 100 yr 2250 ofs ' 500 yr 4150 of s 3 r ' The design floods used in this study, as well as in the study by the U.S. Army Corps of Engineers, neglect any reduction in peak flow due to storage in Gresham Lake. ' Under the proposed plan of modifications to the lake, a rtial t d portion of o pa ue the available storage will be lost filling of the lake. However, according to Mr. W. Ray Batchelor of the U.S. Army Corps of Engineers, Wilmington ' District, the storage in the lake under the present conditions , even after the removal of the flashboards from the dam, is not taken into consideration because this ' storage is insignificant compared to the volume of runoff over the watershed. When flood hydrographs were routed through the lake, no significant reduction in peak flow was ' obtained. ' IV. Cross section data Each cross section is identified by a number. For ' convenience , the identifying number chosen is the same as the distance in feet from a downstream reference point. The cross sections start at Section 12700 at U.S. Highway No. 1 ' and terminate at Section 20400 above Litchford Road bridge. The cross sectional data are given as a sequence of pairs of numbers, the pair being elevation and station. Stations are ' measured as horizontal distances across the channel initiated at some reference point on the left overbank looking downstream. ' In this study the original data used by the US Army Corps of rofiles f ti t p on o a Engineers were used as the basis for compu under existing conditions. The following modifications and ' additions were made to the original data. The data on a number of cross sections were incomplete. Additional points were taken from topo maps to delineate the hannel below the maximum expected water elevations. c According to information provided by J. Fred Davis Jr..Ino., Consulting Engineers, the bridge at Rock Quarry Road is no longer in place. Therefore, this bridge was removed from e n brid ti g on o the computations. More detailed informa openings at U.S. Highway No. 1, at Seaboard Coastline Railroad Bridge and at Litchford Road were also provided by new measurements by J. Fred Davis Jr. Inc, Consulting Engineers. It is to be noted that the railroad bridge is a concrete arch with a rise of 13 ft and a base of 23 ft. For the computation of profiles under proposed development, the four natural sections in Gresham Lake were modified to represent future conditions. It is anticipated that the orted by a riprapped b e supp fill area in the lake will e of 3ht1v. The embankment forms the a slo t k ' p on men emban channel side for the proposed floodway through Gresham lake. i ' The existing and proposed channel cross sections lying in the present lake are shown on Figs 1-3. The data for these sections, consisting of the values of stations and ' elevations, are presented in Table 2. V. Water surface profiles and elevations t Using the existing and the proposed channel cross sectional data, two sets of profiles were obtained for design floods with recurrence intervals of 10,50,100 and 500 years. The first sets of profiles are under existing conditions and are shown on Figs-3-7. The second set depicts the conditions under the proposed plan of development for Gresham lake, and are shown on figs 8-11. Summary tables presenting the water surface elevations, energy line elevations and water depth, both under existing conditions and under proposed development, are presented in Table 3. 5 r ' TABLE 2 CROSS SECTION DATA FOR PERRY CREEK I N BRESNAN LAKE, RALEIBN, N.C. 14 ti S 300 Sections 12890914800,15000 ad 15600 on ec ' Proposed Exis ting Proposed Esistinq oily station eley station Illy station elev station ' 264.30 1062.00 264.30 1062.00 264.30 1062.00 244.30 1062.00 262.20 1100.00 262.20 1100.00 262.20 1100.00 262.20 1100.04 258.90 1200.00 256.90 1200.00 258.90 1200.00 256.90 1200.00 255.00 1250.00 255.00 1250.00 251.70 1300.00 251.70 1300.00 251.70 1300.00 251.70 1300.00 247.40 1419.00 247.40 1419.00 247.40 1419.00 247.40 1419.00 235.00 1600.00 235.00 1600.00 241.90 1432.00 241.90 1432.00 232.00 1700.00 232.00 1700.00 ' 241.50 1436.00 241.50 1436.00 255.00 1769.00 225.00 1769.00 241.00 1438.00 241.00 1438.00 255.00 2018.00 220.90 2018.00 240.50 1450.00 240.50 1450.00 255.00 2300.00 234.20 2300.00 ' 247.30 1474.00 247.30 1474.00 255.00 2500.00 250.00 2500.00 247.60 1485.00 247.60 1485.00 245.00 1500.00 245.00 1500.00 236.10 1600.00 236.10 1600.00 ' 232.30 1700.00 232.30 1700.00 255.00 1777.00 230.10 1777.00 255.00 1800.00 229.50 1800.00 ' 255.00 1832.00 228.70 1832.00 255.00 2000.00 224.00 2000.00 255.00 2012.00 22340 2012.00 ' 255.00 2015.00 223.10 2015.00 255.00 2018.00 220.90 2018.00 255.00 2021.00 222.90 2021.00 255.00 2025.00 224.00 2025.00 ' 255.00 2100.00 227.60 2100.00 255.00 2200.00 230.10 2200.00 255.00 2300.00 234.20 2300.00 ' 255.00 2500.00 250.00 2500.00 6ection 14550 Proposed Existing elev station Illy station 265.00 1600.00 265.10 1600.00 255.00 1625.00 255.00 1625.00 250.00 1650.00 250.00 1650.00 229.50 1600.00 229.50 1800.00 226.70 1832.00 226.70 1832.00 226.20 1900.00 228.20 1900.00 229.00 1976.00 229.00 1978.00 224.00 2000.00 224.00 2000.00 223.60 2012.00 223.60 2012.00 223.10 2015.00 223.10 2015.00 220.90 2018.00 220.90 2018.00 222.90 2021.00 222.90 2021.00 224.00 2025.00 224.00 2025.00 227.80 2100.00 227.60 2100.00 230.10 2185.00 230.00 2185.00 230.10 2200.00 230.10 2200.00 255.00 2260.00 232.30 2260.00 255.00 2300.00 234.20 2300.00 255.00 2500.00 250.10 2500.00 0 0 Q LO w 0 m0 W 0 w Q o w'! /TS r 00 C ? v r 0 W 0 r 4 400 U! Uol. 0A& 13 N N N N a ?- a C C V- O- h4p 20 Oc s r C 4- '? N • X r ? N 0 N 0 to in In ? ?' M m N N N N N N N N N N a i i 0 0 c V V N 4061 u! UC]40Ao 13 It N N N N N p CL 4- G. rte, HA CR G ?C H? s° c r N T T C N t0 t0 to in It M M N N N N N N N N Cl N N N 0 nn? r W V ? 1' l LL. 40N U.1 U0140A613 It N 'a N H N ? G. ?- L N w-. 'a =C a'- N OC C-4 .C fa 00? 41- N X O r r O N N N N N N N N N N F16. 4. PROFILE FOR STREAM 10 YEAR NATURAL UNDER EXISTING CNNiITIONS PLOTTED POINTS (BY PRIORITY) -E-EWAYj "TER SMACE91-INVERTtC-CRITICAL N.S.,L-LEFT MWIR-RIGHT YANK ELEVATION 220. 225. 230. 235. 240. 243. 250. 255. 260. 265. SECNO CUNDIS 12700.00 0. . . I V. E 12720.00 150. C . I N E 12770.00 300. C . I . H E 12120.00 450. C . I . Y E 12640.00 600. C . I . N E 12140.00 750. C I R. L E 12545.00 400. C I R. l E 12900.00 1050. C I R. L E 12905.00 1200. C I R. L E 14000.00 1350. C .I R L. E 1500. C I R L. E 14300.00 14%. C I A L. E 14550.00 1100. C I L R E 1950. C I R L. E 14100.00 2100. C I R L. E . 15000.00 2250. C I R L. E 2400. C I R L. E M. C I R L. E 2700. C 1 R L. E . 15600.00 2550. C I R 1. E 3000. C 1 R L E 3150. C .I R . L E 3300. C I R. L E 16190.00 3450. C . I L E 16240.00 3600. C I . NE 16365.00 3750. C : i L N E 16400.00 3900. C .I R IN E . 4050. C I . R LNE . 16400.00 4200. C I . R LN E 4350. C I. R 1. N E 4500. C 1. R L. NE 4650. C .I R L. NE 4600. C . I L . NE . . 17690.00 4950. C I I.R. E . 5100. C I LA NE . 18000.00 5250. C I L K. 5400. C I . L E. . 5550. C 1. Rl E 5700. C 1 RL E . 18463.00 5850. C I RL E . 18520.00 6000. I NE . 16560.00 6150. . I . N E . 11610.00 6300. C . I AL . E 19000.00 6450. C I L . E 6600. C I L. E 19500.00 6750. C I .l NE . 6900. C 1. L K. 7050. C I L K 7200. C . I NE . 20000.00 7350. C . I .NE 7500. C . 1 . WE 20290.00 7650. C . I . RUE 20340.00 1600. C . 1 . N E . 20364.00 7950. C . I . LN E . . 20400.00 1100. C 1 . ILE . . t F16.5. PROFILE FOR STREAM PERRY CREEK 50 YR NATURAL UNDER EIISTIN6 CONDITIONS PLOTTED POINTS (BY PRIORITY) -E-ENERSYjV-MATER SURFACE,I-INWTjC-CRITICAL N.S.,L-LEFT DANKOR-RIGHT BANK ' ELEVATION 220. 225. 236. 235. 240. 245. 250. 255. 260. 265. SECNO CINNIS 12700.00 0. . . I . N E . . ' 12720.00 150. C . I M E 12770.00 300. C I M E 12120.00 450. C . I M E ' 12640.00 600. C . I M E 12190.00 750. C i R. .L E 12195.00 900. C 1 R. .L E ' 12900.00 1050. C I R. .l . E 12905.00 1200. C I R. L E 14001.00 1350. C .I R . L. E 1500. C I R . L. E ' 14300.00 1650. C I R . L . E 14550.00 1600. C I L R .E ' 14000.00 1950. 2100. C C I I R it L. . L . .E . E 15000.00 2250. C I R . L . E 2400. C I R . L . E 2550. C I R . L . E 2700. C I R . L. . E 15600.00 2150. C I R . L . E 3000. C I R L . E ' 3150. C .I R . L ME 3300. C I R. L ME ' 16190.00 16240.00 3450. 3600. C C . I I L ME ME 16365.00 3750. C I L M. E 16400.00 3900. C .1 R L . ME 4050. C I . R L . NE 16900.00 4200. C I . R L. M E 4350. C i. R L. M E 4500. C 1. R L. M E . M. C .I R L. ME. 4800. C . I L . E. 17690.00 4950. C I LR. E 5100. C I LR E 11000.00 5250. C I L .BE 5400. C I . L . E M. C I. RL . E ' 5700. C I RL . E 18465.00 5150. C I RL . VE 18520.00 6000. C I . VE ' 18560.00 6150. . . I . ME 18610.00 6300. C . I AL . E 14000.00 6450. C I L . E . ' 6600. C I L. E . 19500.00 6750. C I L E 6900. C 1. L ME 7050. C I L M E ' 7200. C . 1 L M E 20000.00 7350. C . I LV E 7500. C . I . L N E . ' 20290.00 7650. C I . RL VE . 20340.00 7800. . 1 . L M E 20364.00 7950. . I . L C M E ' 20400.00 1100. C 1 . RL .ME LIB F1G.6. PROFILE FOR STREAM PERRY CREEK 100 YR WIDER EIISTINB MITIONS PLOTTED POINTS MY PRINITY1-E-EIERSV9"TER SINIFACEol-1NYERTlC-CNITICAL N.S.gL-tff1 BAKjR-RIGHT UK ELEVATION 220. 225. 230. 235. 240. 245. 250. 255. 260. 263. SECND CINIDIS 12700.00 0. . .I . N E 12720.00 150. C . I N E • 12770.00 300. . I . C N E 12120.00 450. C . I N E 12140.00 600. C . 1 N E 121".00 750. C 1 R. . L . E 12195.00 "0. C 1 R. l . E 12"0.00 1050. C I R. .L . E • 12905.00 1200. C I R. .L . E 14000.00 13". C .I R . L. . E 1500. C I R L. . E 14300.00 1650. C I R L. . E 14550.00 1100. C I L R . E 19". C I R L. . E 14800.00 2100. C I R . 1. . E 15000.00 2250. C I R . L. . E 2400. C I R . L. . E 2550. C I R . L. . E 2700. C I R . L. . E 15600.00 2850. C I R . L. . E 3000. C I R . L . E 3150. C .1 R . L . E 3300. C I R. L . E 16190.00 3450. C . I L . E 16240.00 3600. C 1 .N E 16365.00 3750. C 1 l N. E 1"00.00 3900. C .I R L . N E 4050. C . I . R L . NE 16900.00 4200. C I. R L. N E. 4350. C I . R L. N E. 4500. C I. R L. N E 4650. C .1 R L. NE 4100. C . I L . NE 17690.00 4950. C 1 LR. .NE 5100. C I LR . E 11000.00 5250. C I L . E 5400. C I . L . NE M. C I. RL . E 5700. C 1 RL . NE 18465.00 5850. C I RL E 11520.00 6000. C I . NE 18560.00 6150. C . I . N E . 18610.00 6300. C . I AL . E . 1"00.00 6450. C I L . ME. 6600. C I L. E. . 19500.00 6750. C I L NE 6900. C 1. L NE 7050. C I L . N E 7200. . C . I L N E . 20000.00 7350. . . I LCN E . . 7500. C . I . L N E. 20290.00 7650. C . i . RL NE. 20340.00 7800. . . I . L N . E 203".00 7950. . . 1 . L C 1. E 20400.00 6101. C 1 . AL . NE FILL PROFILE FOR STREAM PERRY CREEK 500 YR MR EXISTING CONDITIONS ' PLOTTED POINTS 100 PRIORI TY)-E-ENERGY,N-NATER SURFACE,)- ELEVATION 220. 225. 231. 235. 240. 10OT,C-CRITICAL N.S.,L-LEFT MNK,R-RISMT 9ANK 245. 250. 255. 240. 965. SEGO M IS ' 12700.00 O. . I N E 12720.00 150. C . 1 N E 12770.00 300. C . 1 . WE 12020.00 450. C I NE . ' 12040.00 W. C . 1 NE . . 12090.10 750. C 1 R. L E . t 12095.00 12900.00 900. 1050. C I C 1 R. 2. L L E . E . 12905.00 1200. C I R. L E . . 14010.00 1350. C .I R L. E . ' 1500. C l R L. E . . . 14300.00 1650. C I R L. E. . 14550.00 1000. C 1 l R E. . 1951. C 1 R L. E . . 14000.00 2100. C I R . L. E. . 15000.00 2250. C I R L. E. . ' 2400. 2550. C C I I R R L. L. E. E. . 2700. C 1 R L. E. . 15600.00 2050. C t R L. E. ' 3000. C I R L E. . 3150. C .I R . L E . 3300. C I R. L E . 16190.00 3450. C . 1 L E . . . 16240.00 3600. C I N E . 16365.00 3750. I L N E . ' 16400.00 3900. 4050. C C .i l R R L L NF. IE . 16900.00 4200. C . I . R L. . . NE . 4350. C I . R L. NE . ' 4500. C 1. R L. NE 4650. C .I R L. NE 4000. C 1 L . E 17690.00 4950. 5100. C C I LR. I LA NE . E . 10000.00 5250. C 1 .L . E 5400. C 1 . L E ' SSSO. C 1. RL . . NE . 5700. C I RL E 10465.00 3050. C I RL E ' 10520.00 6000. C I E 10560.00 6150. C . ! E 10610.00 6300. C I AL . E 19000.00 6450. C I L . E ' 6600. C I L. . NE 19500.00 6750. C I .l NE ' 6900. 7050. C C 1. I L WE L N E. 7200s . C . I L N E 20000.00 73%. i .l N .E ' 7500. C 1 . L N E 20290.00 7650. C 1 . RL . N E 20340.00 7000. . . I L . N E ' 20364.01 7950. C . 1 L . 8 E FI6.6. PROFILE FOR STREAM 10 YEAR NATURAL IN THE PROPOSED LAKE CWAEL ' PLOTTED POINTS MY PRIORITY) -E-EIER6Yj11-UTER SINIFACE,I-IWERToC-MITICAL N.S.,L-LEFT VA91-RIONT Sm ELEVATION 220. Z25. 230. 235. 240. M. 250. 255. 260. 265. SECNO CUNDIS 12700.00 0. . . I N. E 12720.00 150. C . I .N E 12770.00 300. C . I . N E 12620.00 450. C 1 . N E ' 12610.00 610. C . I . N E 12690.00 750. C i R. .l E ' 12695.00 12900.00 W. 1050. C C I I R. R. L L E E 12905.00 1200. C I R. L E 14001.00 1350. C .I R L. E ' 1500. C . I R E L 14300.00 1650. C I R E L. 14550.00 1600. C I R E 1. 1950. C I R E L. ' 11600.00 2100. C I R E L. 15000.00 2250. C I R E L. ' 2400. 25%. C C I R 1 R E E L. L. 2700. C 1 R E 1. 15600.00 2650. C I R E L. ' 3000. C I R . E L. 3150. C 1 R . E L. 3300. C . 1 R. L. E 16190.00 3450. C . I L E 16210.00 3600. C I . ME 16365.00 3750. C I L N E . . ' 16400.00 3900. 4050. C C .I . I R LM E . . R LIE . . . 16900.00 4200. C I . R LN E . 4350. C 1 . R L.N E . 4500. C 1. R L. ME . 1650. C .1 R L. NE . 1600. C . 1 L . NE . . 17640.00 4950. C I Lt. E . . ' 5100. C 1 LA iE . . 16000.00 5250. C 1 L NE. . 3400. C I . L E. . ' 5550. C 1. RL E . 3700. C I RL .E . 16165.00 5650. C I RL E . ' 16520.00 6000. 1 NE . 16360.00 6150. . 1 . M E . 16610.00 6300. C I RL . E 19000000 6450. C I L . E ' 6600. C I L. E 19500.00 6750. C I L NE . 6900. C I. L NE. ' 7050. C I L NE 7200. C . I ME 20000.00 7350. C . i NE ' 7500. C . 1 .1E . 20240.00 7630. C . 1 . RLME 20340.00 1600. C . 1 . N E 20364.00 7950. C I . Ll E ' 20100.00 6100. C 1 . NLE ' F16.9. PROFILE FOR STREAM PERRY CREEK 50 YR NATURAL IN THE PROPOSED LAKE CHANNEL PLOTTED POINTS (BY PRIORITY)-E-ENERSY,N-NATER SMACEll-INVERT,C-MTICAL N.S.gL-LEFT lAlKgR-RISHT DANK ELEVATION 220. 225. 230. 235. 240. 243. 250. 255. 260. 265. SECNO CUNDIS I 12700.00 0. . . I . M E . . 12720.00 150. C I v E 12770.00 300. C . 1 V E. 12820.00 450. C I N E. 12840.00 600. C . I N E. 12890.00 750. C I R. l E 12895.00 900. C I R. L E 12900.00 1050. C I R. L E 12905.00 1200. C I R. L E 14000.00 13%. C .1 R L. E 1500. C . I R E L 14300.00 1650. C I R E L. 14550.00 1800. C 1 R E 1. 1950. C I R E L. 14800.00 2100. C I R E L. 15000.00 2250. C I R E L. 2400. C I R E L. 2550. C I R E L. 2700. C I R E L. 15600.00 2850. C I R E L. 3000. C 1 R E L. 3150. C 1 R . LE 3300. C I R. L. E 16190.00 3450. C . I L E 16240.00 3600. C 1 NE 16365.00 3750. C I L N. E 16400.00 3900. C .1 R L .N E 4050. C 1 . R L. M E 16900.00 4200. C I R L. N E 4350. C I. R L. N E 4500. C 1. R L. M E . 4650. C .I R L. K . 4800. C I L . E. 17690.00 4950. C I Lit. E 5100. C I LR E 18000.00 5250. C I L .ME 5400. C I . L . E 55%. C 1. RL E 5700. C 1 RL E 18465.00 5850. C I Rl NE 18520.00 6000. C I NE 18560.00 6150. . 1 HE 18610.00 6300. C I RL . E 19000.00 6450. C I L . E . 6600. C 1 L. E . 19500.00 6750. C I L E 6900. C 1. L BE 7050. C I L .N E 7200. C I - L M E 20000.10 7350. C . I LM E 7500. C I . L N E 20290.00 7650. C I . RL NE . 20340.00 7800. 1 L 0 E 20364.00 7950. 1 L C N E 20400.00 8100. C I RL .NE F16. 10. PROFILE FOR STREAN PERRY CREEK 100 YR IN THE PROPOSES LAKE CHANNEL ' PLOTTED POINTS MY PRIORITY )-E-ENMY, "TER SMACE91- INMT,C-CRITICAL M.S.jL-LEFT YAMKIR-R IGHT DANK ELEVATION 220. 225. 230. 235. 240. 245. 250. 255. 260. 265. 6ECNO CINIDIS 12700.00 0. . 1 M E , 12720.00 150. C I M E 12770.00 300. 1 C M E ' 12820.00 450. C I M E 12840.00 600. C . 1 N E 12890.00 750. C I R. L . E 12895.00 900. C i R. L . E 12980.00 1050. C I R. l . E 12905.00 1200. C I R. L . E 14000.00 1350. C .1 R L. . E ' 1500. C . I R . E L 14300.00 1650. C I R . E L. ' 14550.00 1800. 1950. C C 1 I R R . E . E 1. L. 14800.00 2100. C I R . E L. 15000.00 2250. C 1 R . E L. t 2400. C 1 R . E L. 2550. C 1 R . E L. 2700. C I R . E L. !5600.00 2850. C I R . E L. ' 3000. C I R E L. 3150. C I R . L. E 3300. C . I R. L. . E ' 16190.00 3450. C . I L . E 16240.00 3600. C I M E 16365.00 3750. C I L 9. E 1000.00 3900. C .1 R L M E ' 4050. C 1 . R L NE 16900.00 4200. C 1 R L. N E. 4350. C I . R L. N E. ' 4500. C I. R L. N E 4650. C .I R L. ME 4800. C I L . NE 17690.00 49%. C I I.R. NE ' 5100. C I Lit . E 18000.00 5250. C 1 L E ' 5400. 5550. C C 1 . L NE 1. RL E 5700. C I RL NE 1S465.00 MO. C I Rl E ' I8520.00 6000. C I NE 18560.00 6150. C . I M E . 10610.00 6300. C . I RL . E . 14000.00 050. C 1 L . NE. ' 6600. C 1 L. E. 19500.00 6750. C I L NE 6900. C I. L .NE ' 7050. C I L. N E 7200. . C . 1 l M E . 20000.00 7350. . . I LCM E . 7500. C I . L N E. 20290.00 7650. C I . RL NE. 20340.00 7800. . I . L M . E 2030.00 79%. . I . L C M. E ' 20400.00 8100. C I . RL . WE FIB. 11. PROFILE FOR STREAM PLOTTED POINTS (BY PRIORI " PERRY CREEK 500 YR IN THE PROPOSED LAKE CHANNEL I-E-EIERBYq#-HATER SNRFACE,I-INYERT,C-CRITICAL N.B.oL-LEF T D Mo t-R16NT MW ELEVATION 220. 225. 230. 235. 240. 245. 250. 255. 260. 265. BECNO CNMDI S t 12700.00 0. . 1 N E 12720.00 150. C I N E 12770.00 121".00 300. 450. C C I . I HE . NE . 12840.00 600. C . I NE . 120".00 750. C I R. L E . 12895.00 900. C I R. L E . 12900.00 1050. C I R. L E . 12905.00 1200. C I R. L E . 14000.00 1350. C I R L. E . ' 1500. C . I R L E. 14300.00 14". C I R E. L. 14550.00 1800. C 1 R E. L. ' 1950. C I R E. L. 14100.00 2100. C I R E. L. 15000.00 2250. C I R E. L. 2400. C I R E. L. ' 2550. C 1 R E. L. 2700. C I R E. L. 15600.00 2850. C I R E. 1. ' 3000. C 1 R E . 3150. C I R . L. E . 3300. C . l R. L. E . 16190.00 3450. C . I L E . 16240.00 3600. C I N E 16365.00 3750. 1 L N E ' 1"00.00 3400. 4050. C C .1 I A . R L L . NE. M. 16900.00 4200. C I R L. NE 4350. C I . R L. NE 4500. C 1. R L. NE 46%. C .1 R L. NE 4800. C I L . . E 17690.00 4950. C 1 U. NE ' 5100. C I LR . E . 11000.00 5250. C I L . E 5400. C 1 . L . E ' 5550. C 1. RL . WE 5700. C I RL E . 18465.00 M. C I RL E 18520.00 6000. C I E ' 18560.00 6150. C . I E 11610.00 6300. C . 1 RL . . E 19000.00 6450. C I L . E ' 6600. C I L. NE 19500.00 6750. C I L NE . 6900. C 1. L NE . 7050. C I L N E. ' 7200. . . C . I L N E 20000.00 7350. . . 1 L N E ' 20290.00 7500. 7650. C C . . I . L I . RL N E . N E 20340.00 7100. C . I L . N E 20364.00 7950. C . I L K . ' 20100.00 8100. C I RL NE . 1 TABLE 3 ARY PRINTOUT S UMM SECTION 911CNARBE FLOOD HATER ENERGY BOTTON DEPTH NUMBER TYPE SURF ELEV ELEVATION ELEVATION EIISTIN6 PROPOSED EIISTIN6 PROPOSED EIISTIN6 PROPOSED E1ISTIN6 PROPOSED ICFS) (FT) (FT) (FT) IFT) (FT) (FT) (FT) IFT) t 12700.00 1100.00 10 YR 244.70 244.70 246.67 246.67 240.80 240.80 3.90 3.90 12700.00 1800.00 50 YR 246.22 246.22 248.94 248.94 240.80 240.80 5.42 5.42 12700.00 2250.00 100 YR 241.09 247.09 250.24 250.24 240.60 240.10 6.29 6.29 ' 12700.00 4150.00 500 YR 251.90 251.90 253.69 253.69 240.80 240.80 11.10 11.10 ' 12720.00 12720.00 1100.00 1600.00 10 YR 50 YR 245.71 248.67 245.71 247.90 246.95 249.96 246.95 249.48 240.80 240.80 240.10 240.80 4.91 7.87 4.91 7.10 12720.00 2250.00 100 YR 247.29 247.29 250.24 250.24 240.80 240.80 6.49 6.49 12720.00 4150.00 500 YR 252.05 252.05 253.69 253.69 240.60 240.10 11.25 11.25 ' 12770.00 1100.00 10 YR 245.83 245.83 247.01 247.01 240.80 240.80 5.03 5.03 12770.00 1800.00 50 YR 248.73 247.97 249.99 249.52 240.80 240.10 7.93 7.17 1 12110.00 12770 00 2250.00 00 4150 100 YR 500 YR 248.09 253 26 248.09 253 26 250.43 253 91 250.43 91 253 240.80 240 80 240.80 240 10 7.29 46 12 7.29 12 46 . . . . . . . . . . 12820.00 1100.00 10 YR 245.93 245.93 247.06 247.06 240.80 240.10 5.13 5.13 ' 12820.00 IBOO.00 50 YR 248.76 248.06 250.02 249.57 240.80 240.80 7.96 7.26 12820.00 2250.00 100 YR 248.31 248.31 250.51 250.51 240.80 240.80 7.51 7.51 12820.00 4150.00 500 YR 253.28 253.28 253.92 253.92 240.10 240.80 12.48 12.48 ' 12840.00 1100.00 10 YR 245.95 245.95 247.06 247.08 240.80 240.80 5.15 5.15 12840.00 1600.00 50 YR 248.78 248.08 250.03 249.58 24030 240.80 1.98 7.28 12840.00 2250.00 100 YR 241.35 241.35 250.54 250.54 240.80 240.80 7.55 7.55 ' 12110.00 4150.00 500 YR 253.29 253.29 253.92 253.92 240.80 240.80 12.49 12.49 12690.00 1050.00 10 YR 247.31 247.30 247.31 247.31 221.40 221.40 25.91 25.90 12090.00 1790.00 50 YR 250.28 249.88 250.28 249.86 221.40 221.10 21.88 26.48 ' 12890.00 2200.00 100 YR 250.97 250.97 250.97 250.97 221.40 221.40 29.57 29.57 12890.00 4080.00 500 YR 254.05 254.04 254.05 254.05 221.40 221.40 32.65 32.64 ' 12895.00 1050.00 10 YR 247.31 247.30 247.31 247.31 221.40 221.40 25.91 25.90 12895.00 1790.00 50 YR 250.28 249.86 250.28 249.88 221.40 221.40 28.88 28.48 12895.00 2200.00 100 YR 250.97 250.97 250.97 250.97 221.40 221.40 29.57 29.57 12895.00 4080.00 500 YR 254.05 254.04 254.05 254.05 221.40 221.40 32.65 32.64 12900.00 1050.00 10 YR 247.31 247.30 247.31 247.31 221.40 221.40 25.91 25.90 t 12900.00 12900.00 1790.00 2200.00 50 YR 100 YR 250.28 250.97 249.68 250.97 250.28 250.97 249.86 250.97 221.40 221.40 221.40 221.40 28.88 29.57 28.48 29.57 12900.00 4080.00 500 YR 254.05 254.04 254.05 254.05 221.40 221.40 32.65 32.64 ' 12905.00 1050.00 10 YR 247.31 247.30 247.31 247.31 221.40 221.40 25.91 25.90 12905.00 1790.00 50 YR 250.28 249.18 250.28 249.86 221.40 221.40 - 26.88 28.48 12905.00 2200.00 100 YR 250.97 250.97 250.97 250.97 221.40 221.40 29.57 29.57 ' 12905.00 4080.00 500 YR 254.05 254.04 254.05 254.05 221.40 221.40 32.65 32.64 14000.00 1050.00 10 YR 247.31 247.31 247.31 247.32 225.40 225.40 21.91 21.91 14000.00 1190.00 50 YR 250.28 249.19 250.28 249.90 225.40 225.40 24.88 24.49 ' 14000.00 2200.00 100 YR 250.97 250.98 250.97 250.99 225.40 225.40 25.57 25.58 14000.00 4080.00 500 VA 254.05 254.06 254.05 _ 254.08 225.40 225.40 - _ ,. 28.65 _ __28.66._ i 7 r r TABLE 3 ICONT'D1 SECTION DISDIARK FLOOD NA ENEMY DOTTON DEPTH Nmu TYPE SURF ELEVATION ELEVATION EXISTING EIISTIN6 PROPOSED EIISTIN6 PA14M UISTINB PROPOSED 14550.00 1050.00 10 YR 247.31 247.33 247.31 247.34 224.90 224.90 22.41 22.43 14550.00 1790.00 50 YR 250.28 249.91 250.28 249.92 224.90 224.90 25.38 25.01 14550.00 2200.00 100 YR 250.97 251.00 250.97 251.01 224.90 234.90 26.07 26.10 14550.00 4080.00 500 YR 254.05 254.09 254.05 254.10 224.90 224.90 29.15 29.19 14800.00 1050.00 10 YR 247.31 247.34 247.31 247.34 224.90 237.00 22.41 10.34 14800.00 1790.00 50 YR 250.28 249.92 250.28 249.92 224.90 237.00 25.38 12.92 14800.00 2200.00 100 YR 250.97 251.01 250.97 251.02 224.90 237.00 26.07 14.01 14800.00 4080.00 500 YR 254.05 254.11 254.05 254.11 224.90 237.00 29.15 17.11 15600.00 1050.00 10 YR 247.31 247.34 247.31 247.35 224.90 237.00 22.41 10.34 15600.00 1790.00 50 YR 250.2S 249.92 250.28 249.93 224.90 237.00 25.38 12.92 15600.00 2200.00 100 YR 250.97 251.01 250.97 251.02 224.90 237.00 26.07 14.01 15600.00 4080.00 500 YR 254.05 254.11 254.05 254.13 224.90 237.00 29.15 17.11 16190.00 1050.00 10 YR 247.25 247.36 247.34 247.37 236.00 236.00 11.25 11.36 16190.00 1790.00 50 YR 250.22 249.94 250.32 249.95 236.00 236.00 14.22 13.94 16190.00 2200.00 100 YR 250.90 251.04 251.02 251.05 236.00 236.00 14.90 15.04 16190.00 4080.00 500 YR 253.% 254.14 254.12 254.16 236.00 236.00 17.96 18.14 16240.00 1050.00 10 YR 247.09 247.43 247.46 247.67 236.30 236.30 10.79 11.13 16240.00 1140.00 50 YR 249.89 250.02 250.56 250.40 236.30 236.30 13.59 13.72 16240.00 2200.00 100 YR 250.42 251.11 251.36 251.58 236.30 236.30 14.12 14.81 16240.00 1080.00 500 YR 252.62 254.24 255.04 255.31 236.30 236.30 16.32 17.94 16365.00 1050.00 10 YR 246.34 246.69 248.02 244.15 240.00 240.00 6.34 6.69 16365.00 1790.00 50 YR 249.12 248.89 251.14 251.02 240.00 240.00 9.12 8.89 16365.00 2200.00 too YR 249.28 249.64 252.22 252.36 240.00 240.00 9.26 9.64 16365.00 4080.00 500 YR 251.53 251.53 258.20 258.20 240.00 210.00 11.53 11.53 16400.00 1000.00 10 YR 247.71 247.80 248.37 248.44 240.50 240.50 7.21 7.30 16400.00 1700.00 50 YR 250.93 250.51 251.52 251.43 240.50 240.50 10.43 10.31 IM00.00 2000.00 100 YR 252.22 252.33 252.80 252.89 240.50 240.50 11.72 11.83 16400.00 3720.00 500 YR 259.04 259.04 259.52 239.52 240.50 210.50 18.54 18.54 16900.00 1000.00 10 YR 250.02 250.02 250.75 250.75 243.00 243.00 7.02 7.02 16900.00 1700.00 50 YR 252.11 252.05 253.02 252.98 243.00 243.00 9.11 9.05 16900.00 2000.00 100 YR 253.14 253.21 254.04 254.09 243.00 243.00 10.14 10.21 16900.00 3720.00 500 YR 259.36 259.36 260.07 260.07 243.00 243.00 16.36 16.36 17690.00 1000.00 10 YR 253.26 253.26 253.45 253.45 247.30 247.30 5.96 5.96 17690.00 1700.00 50 YR 255.00 254.99 255.21 255.20 247.30 247.30 7.70 7.69 17690.00 2000.00 100 YR 255.74 255.76 255.95 255.% 247.30 247.30 8.44 8.46 17690.00 3720.00 500 YR 260.74 260.74 260.88 260.88 247.30 247.30 13.44 13.44 18000.00 980.00 to YR 254.06 254.06 254.30 254.30 248.50 248.50 5.56 5.56 18000.00 1620.00 50 YR 255.63 255.63 255.88 255.88 248.50 248.50, 7.13 7.13 18000.00 1920.00 100 YR 256.30 256.31 256.55 256.56 248.50 218.50 7.80 7.81 18000.00 3520.00 500 YR 260.95 260.95 261.11 261.11 241.50 248.50 12.45 12.45 ECTION 11801AME FLOOD NUNIER TYPE 18465.00 980.00 10 YR 18465.00 1620.00 50 YR 18465.00 1920.00 100 YR 18465.00 3520.00 500 YR 18520.00 980.00 10 YR 18520.00 ' 18520.00 1620.00 1920.00 50 YR 100 YR 18520.00 3520.00 500 YR 18560.00 980.00 10 YR 18560.00 1620.00 50 YR 18560.00 1920.00 100 YR ' 18560.00 3520.00 500 YR 18610.00 980.00 10 YR 18610.00 1620.00 50 YR 16610.00 1920.00 100 YR 18610.00 3520.00 500 YR 19000.00 980.00 10 YR ' 19000.00 1620.00 50 YR 19000.00 1920.00 100 YR ' 19000.00 19500.00 3520.00 920.00 500 YR 10 YR 19500.00 1600.00 50 YR 19500.00 1900.00 f00 YR ' 19500.00 3350.00 500 YR ' 20000.00 20000.00 920.00 1600.00 10 YR 50 YR 20000.00 1900.00 100 YR 20000.00 3350.00 500 YR ' 20290.00 920.00 10 YR 20290.00 1600.00 50 YR ' 20290.00 20290 00 1900.00 3350 00 100 YR 500 YR . . 20340.00 920.00 10 YR ' 20340.00 1600.00 50 YR 20340.00 1900.00 100 YR 20340.00 3350.00 500 YR ' 20364.00 920.00 10 YR 20364.00 1600.00 50 YR 20364400 1900.00 100 YR ' 20364.00 3350.00 500 YR 20400.00 920.00 10 YR 20400.00 1600.00 50 YR 20400.00 1900.00 100 YR 20400.00 3350.00 500 YR TAKE 3 1CONT'D1 MATER ENERGY MOW ELEV ELEVATION EIISTINB PROPOSED EIISTINS PROPOSED 255.33 255.33 255.41 255.41 256.68 256.68 256.77 256.77 257.27 257.28 251.36 257.37 261.37 261.37 261.44 261.44 255.29 255.29 256.06 256.06 256.56 256.56 257.07 257.07 257.19 257.20 257.61 257.61 261.35 261.35 261.52 261.52 256.02 256.02 256.86 256.86 256.85 256.85 257.71 257.71 257.13 257.13 258.03 258.03 261.37 261.37 261.59 261.59 257.11 257.11 257.20 257.20 257.94 257.94 251.07 258.07 258.25 258.25 258.40 258.40 261.55 261.55 261.67 261.67 257.83 257.83 257.19 257.89 258.79 258.79 258.88 258.88 259.16 259.16 259.27 259.27 262.01 262.01 262.13 262.13 251.72 258.72 258.81 258.11 259.77 259.77 259.90 259.90 260.18 260.18 260.32 260.32 262.65 262.65 262.80 262.80 260.24 260.24 260.93 260.93 261.23 261.23 262.47 262.47 261.56 261.56 263.05 263.05 263.32 263.32 265.25 265.25 261.86 261.86 262.33 262.33 263.44 263.44 264.10 264.10 264.04 264.04 264.72 264.72 266.11 266.11 266.81 266.81 261.61 261.61 262.86 262.86 262.59 262.59 265.08 265.08 263.11 263.11 266.02 266.02 265.78 265.95 270.02 267.16 261.95 261.95 263.02 263.02 263.73 263.73 265.42 265.42 264.51 264.51 266.40 266.40 266.02 268.56 270.02 268.85 262.68 262.68 263.35 263.35 265.28 265.28 265.83 265.83 266.43 266.43 266.84 266.14 270.71 268.53 270.85 268.94 IOTTON ELEVATION EIISTINB PROPOSED 250.20 250.20 250.20 250.20 250.20 250.20 250.20 250.20 250.20 250.20 250.20 250.20 250.20 250.20 250.20 250.20 251.00 251.00 251.00 251.00 251.00 251.00 251.00 251.00 252.20 252.20 252.20 252.20 252.20 252.20 252.20 252.20 252.50 252.50 252.50 252.50 252.50 252.50 252.50 252.50 254.00 254.00 254.00 254.00 254.00 254.00 254.00 254.00 256.00 256.00 256.00 256.10 256.00 256.00 256.00 256.00 256.90 256.90 256.90 256.90 256.90 256.90 256.90 256.90 256.90 256.90 256.90 256.90 256.90 256.90 256.90 256.90 256.90 256.90 256.90 256.90 256.90 256.90 256.90 256.90 251.40 258.40 256.40 258.40 258.40 258.40 258.40 258.40 DEPTH EXISTING PROPOSED 5.13 5.13 6.48 6.48 7.07 7.08 11.17 11.17 5.09 5.09 6.36 6.36 6.99 7.00 11.15 11.15 5.02 5.02 5.85 5.85 6.13 6.13 10.37 10.37 4.91 4.91 5.74 5.74 6.05 6.05 9.35 9.35 5.33 5.33 6.29 6.29 6.66 6.66 9.51 9.51 4.72 4.72 5.77 5.77 6.18 6.18 8.65 8.65 4.24 4.24 5.23 5.23 5.56 5.56 7.32 7.32 4.96 4.96 6.54 6.54 7.14 7.14 9.21 9.21 4.71 4.71 5.69 5.69 6.21 6.21 8.86 9.05 5.05 5.05 6.83 6.83 7.61 7.61 9.12 11.66 4.28 4.21 6.88 6.81 8.03 8.03 12.31 10.13 1 m m m m m s m mm m m m m m m m s m I r \ ? 1 ` J 71 IWO PL 10 -- 41 / ooss? _ i ? I M • tiv n ? l? ?, I I • ?0Oto, . 1 I A \ w y 1 015 ( r I 0060 a ot" O 1 CIS II N M 11 1, Y ° i 11 OOSVI oil 92 1 M a , J I O , 00`r, 0, I I1 r- Q i q%S I< try ?' ? -?- J 2 d1 °0`E, o,S it M N t 00'0\4 0 ~ i? 00 eq. • F Y \' •i YY# 0014\ 1 I\\ _ 1 , 1 9I. Conclusions An examination of the profiles shown on Figs 4-11 and a ' study of the summary tables clearly indicate that partial filling of Gresham lake will have negligible effect on the water surface elevations upstream of the lake. The water surface elevations in the proposed channel are slightly lower than for the existing channel at some locations and at some discharges, and are slightly higher than for the ' existing channel at some other locations and discharges . These differences are within the tolerance limits of the numerical accuracy of the HEC2 model. The reason why the proposed fill in the lake will not cause any significant ' backwater is that the proposed floodway is more than adequate to carry the flow of Perry Creek, and the velocities will be very low in the lake site. Actually, as ' can be seen from the results of the computations. the channel constrictions outside of the lake, and especially at the culverts and bridges, are the major causes of significant backwater. l 7 C u 1 1 22 1 IMPORTANT Date ) Time WHIL9 YOU WERE OUT l M ?--,! Phone_ AREA CODE NUMBER EXTENSION TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL Signed N.C. Dept. of Environment, Health, and Natural Resources !e"), ?v v? Printed on Recycled Paper VU Printed on Recycled Paper v l N.C. Dept. of Environment. Health, and Natural Resources , ate of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director Water Quality Section April 30, 1993 Memorandum To: L. E. Stegall - DOT Carl Parker - DOT Cecil McLamb - DOT Kathy Lassiter - DOT Glenda Gibson - DOT David Foster - DEHNR John Dorney - DEM From: Eric Galamb - DEM XFX.;VA AMPA ID F= F1 Subject: Northern Wake Expressway Near Gresham Lake Meeting The Division of Environmental Management (DEM) is responsible for issuing 401 Water Quality Certifications (certification) for projects that impact waters and wetlands. DEM issued a certification to Mr. Bennett A. Rowland around 1988 allowing him to fill 9.9 acres of Gresham Lake. Mr. Rowland filled 7.43 acres prior to his certification expiring in January 1992. Mr. Rowland has requested another certification for the remaining 2.5 acres of fill originally approved stating that this fill is required to make his project economically viable. DEM, with DOT's assistance, would like to be able to present Mr. Rowland with an alternative that avoids further fill. You are requested to attend a meeting at DOT's Century Complex in Kathy Lassiter's Roadway Design Conference room at 2 p.m. on May 17, 1993. This meeting will try to determine: a) does DOT owns the peninsula (a portion of the Lincoln S&L property), b) can DOT consider all or part of the peninsula surplus, and c) if surplus, can DOT offer the property to Mr. Rowland if the original owner does not wish to re-purchase the property. If the answers to the above questions are yes, then an amiable solution may have been found. DOT "wins" because they release surplus property, DEM "wins" because the water quality of Gresham Lake is not degraded, and Mr. Rowland "wins" because he has a viable alternative to continued filling of the lake. Should you wish further background information, please contact me at 733-1786. gresham.met 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 04/13/1993 14:47 FROM LOT ROPEWhY DESIGN TO awn o ST?JF.OF NOR:TI-i CkROLINA DEI)AkTMENT OF TPZr%NSPORTATION „r tsD-i1?•r.JR C1ibICICiN(.>I HIGNwA.YS ?7011 5201 GirvtK?pK r:0 1.0X2530;. tl. N C FAX TRANSMITTAL (:uVRR SHEET PLEASE DELIVER 'THR ?OLLOW?[?G FACES T0: NAME. vr.t ?_U. o E.Y?Vr/ON. FAX # 2S3- 133 THIS FAX IS BEING SENT BY: ail KL1/,Kr (9191 ?50 ?0? PHONE NUMBER: - AC CLEARLY PLEASE CALL t3AC K. AS SOON AS IF YOU UO NOT RECEIVE ALL p?SSiBLE. PLEASE COUNT PkGE5 (INCLUDING COVER SHEET) REMARKS o wHQNE (919 250-4015 97331336 P.01 Sr'A f? i uf?CC' LC `` 4 ?_. ' •', ? ?:?' !??• ; • - Sri i r ` 1'.? •{ ? `` 111 ? •, :M -?. m'/? J. i'} ? r ? n / \ w' ? t? it ` ? ii'11 i ';' . r ` ``?" L` ? - . ?P / / V ? ? A 1 ? ? ITf M? ? r's ''? /1• Y ??? ?r? ' S i ?? \. \ 1 1 ? ??•??qr " 0 0 ?'9? io 7?f rf0 ? / Pik-? \.• / ? V4y rY r Y7 A SA "? I? y ? ? f ? 1 r'D? O ?•.. y r / P, i abp? Ld Z14 : ?J co c cf- ??'? R5 UT('•f, n1 Nq-IS3(J ),HMUU'I1 Jog 10033 LV:V z66Ti2-T/t7n cJ`. TOTAL P.132 M State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management P.O. Box 29535 Raleigh, North Carolina 27626-0535 WATER QUALITY SECTION FAX # (919) 733-1338 TELECOPY TO: C" l 12?1C1 FAX NUMBER:- -? ?; o - ?C' 3 (% _Ir ' < " ..A/Lc <> - / FROM:- t s?? r PHONE: NUMBER OF PAGES, INCLUDING THE COVER SHEET: J-7) e o 1A 16? I,rCbLIfOi' L6??k r??s/?,??? a? K- T ?iroc '> r o c?c1 e t? ?? C L1 1 - f air, rc), f ?oi,.) ?r???r 1 -J ) 5to - ? bpi 7 (,)I? ,? ??? 6, Q% r m 0 x o S 2 !_ rt. ' 1 I 40 i m /6300 n+ m 2 / ?\\ n1 N 9 r , ob m o\ /5 oo z z p 14 0 p r FILL LIMIT LINE m \ l O OOH x 177 14 00 C3 r'° / . ///992 ' / .f Z~ 111 ?? 1I I oo ? ? I I LQ 1 x + x / y A 'o -? / '• I?100 ?? ?/i U N 77) 0 v "i O / /3900 O p . (i 13900 / ? • ? ' ' ,?g? i '? '• ? a ° r to Cl% ?1 \ ?\ ro \'?' \ n -? rr 00 z a of O G ?1 v j "Xy?,?/" yEt o n?? ° s- 11 ov 15, CL =r n m cn c I?VDO 310o 11 ?° O ? 900 ' s a /? ??• cn tn?.. Y ?, ' 1 c?i r1l 7 L1 \ \ 'myD / e90 TRHHSMISSIOH REPORT ( APR 16 193 12=49PH +::;+: +• h + h:+: +. +• + + + + + + + + + + + + + L + + + + + + *4 + +:+:: +• +• +• + + .+:+ +• +: k +:::+• + h• +::+:+: +• +•+. + + + + + +.'+-+ + + + + + '+• +:h,:+:.+:'k F. F.h•-k-+;+:.+:h h:N h %+: h, h„y;+:h: H- L + h: DHTE STI FRT REM( TE TEPHIH I'll- TIME RESULTS TiITHL DEPT. FILE + TINE IDDATIFICHTIOH PHGES LODE NO. HF'F' 16 1 4-PH 919 35+ 4+136 G:3E ST U 'Eau" OI< u3 } +:: +.+;+ +:::+'::+ +.+• };h,;+ + + # # + + .+ $::h:::+ +:A 4 + I + } +'.;+:3+ + +:::+ 4 1 + 1 + + + :}..+,+.,+:;+.;+: +. + V:+ +: + + +. :+::;+:+•%f • Y +.+ +•h:h•V::::}::,+ + +:$: Fih• +::+,++'+; F F h•;+c Y + F::V / rr- State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B, Howes, Secretary A. Preston Howard, Jr., P,E., Director Water Quality Section Memorandum To: L. E. Stegall -- DOT Carl Parker - DOT Cecil McLamb - DOT Kathy Lassiter - DOT Glenda Gibson - DOT David Foster - DEHNR John Dorney - DEM From: Eric Galamb - DEM P6 April 30, 1993 Subject: Northern Wake Expressway Near Gresham Lake Meeting r v,' i i The Division of Environmental Management (DEM) is responsible for issuing 401 Water Quality Certifications (certification) for projects that impact waters and wetlands. DEM issued a certification to Mr. Bennett A. Rowland around 1988 allowing him to fill 9.9 acres of Gresham Lake. Mr. Rowland filled 7.43 acres prior to his certification expiring in January 1992. Mr. Rowland has requested another certification for the remaining 2.5 acres of fill originally approved stating that this fill is required to make his project economically viable. DEM, with DOT's assistance, would like to be able to present Mr. Rowland with an alternative that avoids further fill. C) If surplus, can DOT offer the property to Mr. Rowland if the original owner does not wish to re-purchase the property. If the answers to the above questions are yes, then an amiable solution may have been found. DOT "wins" because they release surplus property, DEM "wins" because the water quality of Gresham Lake is not degraded, and Mr. Rowland "wins" because he has a viable alternative to continued filling of the lake. You are requested to attend a meeting at DOT's Century Complex in Kathy Lassiter's Roadway Design Conference room at 2 p.m. on May 17, 1993. This meeting will try to determine: a) does DOT owns the peninsula (a portion of the Lincoln S&L property), b) can DOT consider all or part of the peninsula surplus, and Should you wish further background information, please contact me at 733-1786. gresham.met "Affl:.KWA "" r4 [DE"NR 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 ?'IIDaT sI%?/S3 c65u/^-e- rfQA Aec? ?v?:katiQo? oa ?i oss?L?e W?n•G V 3or pj?e9 ? UcB ? ? •,? `I? DoT TOT 0,-c-6 6'A4 7`n O'T -/V e9 4%r a rQ? ? "O,o 5 G?J ?p .cxull' ?•v Coic Sffy/ DUNT • SARGEANT ASSOCIATES 136 MINE LAKE COURT RALEIGH, NORTH CAROLINA 27615 (919) 848-1188 FAX (919) 848-0814 April 27, 1993 APR 29 1993 WATER Q A TY SECTIO .' 9 1?3 CONSULTING, BROKERAGE, LEASING, DEVELOPMENT, PROPERTY MANAGEMENT MAY 1 1993 Mr. John R. Dorney State of North Carolina Division of Environment, Health and Natural Resources 219 East North St. Raleigh, NC 27601 Re: Project #93100,COE #19921527 Dear Mr. Dorney: Mr. Bennett A. Rowland has asked that we respond on his behalf to your letter dated April 14, 1993. You requested that additional information supporting his project be forwarded to your office. As you are aware, this project was previously approved for 9.9 acres and has only 2.5 acres remaining to complete the originally sanctioned work. I have asked Mr. Rowland to dictate to me all the facts in their proper chronology so as to paint the history of approvals for this project. He will further co-sign this document as to its accuracy. The first portion of this response will be a brief narrative history of the ownership of the property. The second portion will outline the detailed correspondence of all approvals to date under the current ownership. Thirdly, this portion will deal with the current changing face of the entire surrounding area due to new City of Raleigh standards, the new North Wake Expressway, land condemnations, etc. at our property. HISTORY OF OWNERSHIP In the early 1940's, the owner of this farm area was an individual whose last name was Gresham. This area was well «, CRJ V g 11?421 'APR 29 1993 DIV. OF ENVIRONMENTAL MGMNT. p??j? DIRECTOR'S OFFICE north of Raleigh and south of Wake Forest and enjoyed no zoning regulations from those governments. All of the land lay to the east of the north/south Seaboard Coastline Railroad and was basically a valley falling in elevation toward the now Capital Boulevard. Mr. Gresham owned some 93 acres and decided to dam up the valley so as to have a private pond. As stated he owned all the land and therefore, when he built the dam, he owned the shoreline property as well as the pond floor as a private citizen. The pond was never a publicly owned entity and Mr. Gresham controlled all rights to it. In the early 1970's , he tired of the ongoing liabilities associated with owning the lake. Some of these were illegal garbage dumping, night parties, drownings, shootings, unauthorized entries, and a multitude of other happenings. Furthermore, properties to the west (up-gradient) of the Seaboard Coastline Railroad were beginning to be industrially developed and fear of underground leakage into his pond (now called Gresham Lake) from Halliburton and others caused him to wish to sell his property. (Some of these have been since placed in your Super-Fund for clean- up.) Around 1974, Mr. Bennett A. Rowland bought the entire private 93 acres from Mr. Gresham with the thought of cleaning up the existing structures and continuing the businesses that were operating. The service road presently there was at that time the main US #1 Highway. In the early 1980's, the NCDOT shifted US #1 to the east and retained the service road rights of way. When Mr. Rowland removed some of the older structures in front of the dam, he discovered that the City of Raleigh had then territorial jurisdiction of zoning and that he did not have enough land depth to re- construct his businesses due to zoning set backs under the City's zoning. It was at this time that he'was made aware of the future more restrictive zonings by the City as well as the City wanting to take more of his land for a future outer belt loop to be built in the 2000's. Acting upon advice from environmental consultants, professional engineers, hydrological engineers, geologists, lawyers, architects, transportation officials, Mr. Rowland was advised to apply for the proper permits allowing structural fill of 30 acres from the dam generally to the south and west. (See attached approved map by J. Fred Davis, P.E. called Bennett Rowland, Gresham Lake Site 8/11/86). APPROVAL HISTORY OF PERMITS Attached to this document is the File Index prepared by J. Fred Davis, P. E. regarding all correspondence related to the entire approval process to date. We are attaching selective copies for your files and avail ourselves and our files for your perusal at any time. These files are huge and therefore quite difficult to transmit easily. Please examine the attached exhibits showing that Mr. Rowland has complied in all regards with the permits issued. As part of the approval process, Dr. Michael Amein, Ph.D., certified that the water levels as well as the dam were in compliance and that reduction of the water area by 30 acres would not be adverse and therefore was satisfactory to all agencies. We must reiterate that the lake is privately owned and is not a recreational lake to the public. Fishing and swimming is not permitted. The Raleigh Ski Club currently leases the lake in exchange for carrying liability insurance and a guarantee to clean floating debris. In addition, during our approvals it was proved that the lake was not in the headwaters and was not considered as a tributary for spawning of fishes, etc. Therefore, we feel that for the above reasons that you should not consider us as "excellent fishing opportunities" as stated in Mr. Hamilton's letter of 3/22/93 (NC Wildlife Resources). MAJOR CHANGES NOW HAPPENING Please refer to the color aerial showing the NCDOT rights of way to the south and east of the lake. It should be noted that the areas nearest these roads are going to need slope easements as well as become the collection area of pollutants, silt, oil and gasoline grime, etc. We do not ever see this lake as recreational. Furthermore, the super Overlay Highway District zoning to be placed along the Rights of Way of the North Wake Expressway will cause a reduction in usable land due to these required zoning buffers. Our 2.5 acre completion will simply help replace this space as well as provide solid buffer between the cause (NW Expressway) and its eventual recipient (the lake). We continue to receive reports of water samples up-gradient (above the lake) of higher lead concentrations entering then what we sample in the lake. We are concerned of the liability of bad fish, etc. being eaten and being sued. Once the lake fill project is complete, we intend to terminate our lease with the Ski Club and work with the NCDOT in preparing their ramps up to the large bridge over US #1 and the bridge over Seaboard Coastline Railroad. Additionally, when Wilbur Smith Associates on behalf of the State of North Carolina located the pathway of the Expressway, it was selected because of two factors. One was to preserve the 2 recreational lakes at Camp Durant to the north (original alignment) and shift it to south of Gresham Lake because of its low impact (non-recreational). Secondly, the cost of road underbed had been done previously in the 1980's US #1 project as well as the structural fill we had performed was an effective savings to the State of North Carolina. Please release us to complete our 2.5 acre p Corps, and others have completed their work! department has been dealing with this matter weeks plus. We have no secret agenda. Your seemingly do not understand that this is not lake. roject. The Your for some four people a recreational Therefore, we request that you approve our permit so that we can complete what we have already been previously permitted to do and ask you not to delay our project any more. We request that you respect all of the history, facts and professional work done since 1981 and not deny us what we feel is rightfully ours. We would appreciate you issuing our approval in the next two weeks. With kind regards, ennett A. Rowland Edward K. Dunn, Jr. President cc: eorge T. Everett, NCDEM J. Fred Davis, Jr. P.E. #3333 Charles F. Blanchard, Attorney-at-Law Benjamin B. Taylor, Envirotek, Architects/Engineers vii . _ a \ e • glitz \ it aS ?, ? l ? 1 oor ?v / ,? ? ;• 1-0 ry ? Doer eoerr / ? " / 1<1 11 ? I1 Z 000, r / FFF d LL. z April 15, 1993 Bennett Rowland Gresham Lake Fill 01-12-81 Corp. to C.O.R. (Baker) : Re-align spillway - 404 may be needed 05-06-81 Corp to JFD : No permits required - re-align spillway 07-15-81 C.O.R. to Rowland : Approved flood hazard boundary ammendments 10-02-85 JFD to Corp : Request re-delineation to pass 100 yr. storm 10-28-85 Corp to C.O.R. (Bowden) : Backwater input data - removing flasher and driveway boards 06-12-86 Amein to Fisher (Greenhorne-O'Mara) : Copy of HE-2 output sent 05-08-86 FEMA to Rowland : Review costs 08-27-86 Rowland to Lindsey : Documents for submittal 07-10-86 FEMA to Rowland : Req. for map revision - floodway 11-06-86 FEMA to Rowland : Req. for more data 01-06-87 FEMA to Rowland : Fee request 01-08-87 Amein to FEMA (Matticks) : Rev. to submittal 01-09-87 Rowland to FEMA (Matticks) : Req. to continue & send money 02-12-87 JFD to FEMA (Matticks) : Send new printouts (L.O.T) 03-17-87 Amein to Fisher (Greenhorn-O'Mara) : Send printouts 04-30-87 Amein to Fisher (Greenhorne-O'Mara) : Send new printouts 06-04-87 FEMA to Rowland : Send $1,600 to complete review 06-16-87 FEMA to C.O.R. (Mayor) : Conditional letter of map rev. 11-25-87 Corp to Rowland : Stop fill work 12-10-87 JFD to Corp : Rebuttal to 11-25-87 - copies of all letters 12-10-87 Dept of Justice to Rowland : Stop fill - contact Corp 12-11-87 JFD to Corp : Filling of small pond, etc. 01-13-88 Corp to Rowland : Permit now required - applic. pkg. sent 03-03-88 Rowland to Corp : Permit 26 applied for 04-04-88 Rowland to Corp : Water quality cert. applic. 03-04-88 NRCP to Rowland : Certif. to fill (#2176) 03-29-88 Corp to Rowland : Authorized for permit 26 02-07-90 JFD to Jolly (Corp) : Soil erosion plans & correspondence 02-07-90 JFD to Jolly (Corp) : Amended fill area & req. time ext. 03-08-90 Corp to Rowland : Renewed Permit 26 09-12-91 Bunn, Hatch, Little : overfill? 04-06-92 Corp to B. H. & L. : not overfilled 03-25-92 JFD to Corp (Jolly) : Soil erosion plans, etc. 10-22-92 JFD to Rowland : Yardage left to fill (1) . April 15, 1993 02-08-93 JFD to Corp (Alsmeyer) 02-09-93 JFD to DEM (Dorney) 03-05-93 JFD to NCDR (Schaffer) 03-05-93 NC Cul. Resources to JFD 03-10-93 Corp to Rowland 04-14-93 DEH & NR (Dorney) to JFD (N.C. Wildlife) to Dorney Bennett Rowland Gresham Lake Fill : Req. for Nationwide permit, letters : Req. for Nationwide permit, remaining fill : SAW 26 & Gen. Corp. 404 : Review 404, Permit, No comment : Permit 26, Authorization to proceed : Moving to denial - req. additional data : Comments on 404 Certification (2) DEM ID: ACTION ID: NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT f): 26 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 ENVIRONMENTAL MANAGEMENT NC DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES P.O. BOX 29535 RALEIGH, NC 27626-0535 ATTN: MR. JOHN DORNEY Telephone (919) 733-84" 17'66 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: Bennett A. Rowland 2. OWNERS ADDRESS: 6700 Valley Lake Drive Raleigh, North Carolina 27612 3. OWNERS PHONE NUMBER (HOME): (919) 848-0534 (WORK): (919) 872-3656 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: N/A 5. LOCATION OF WORK (MUST ATTACH MAP). COUNTY: Wake NEAREST TOWN OR CITY: Raleigh, N.C. SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): located on Capitol Blvd. (US Hwy #1 North at Lake Gresham) said lake located approx. 8 miles north of the center of Raleigh, N.C. 6. NAME OF CLOSEST STREAM/RIVER: Perry Creek 7. RIVER BASIN: Neuse 8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW, WS I, OR WS II? YES [ ] NO (X) 9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [X] NO [ ) IF YES, EXPLAIN. necessary for previous Nationwide permit to be valid. 10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, LOCATED ON PROJECT SITE: 49.2 ac. 7/8/92 f . 1 -2- 11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY THE PROPOSED PROJECT: FILLED: 9.9 acres (7.43 acres completed) DRAINED: FLOODED: EXCAVATED: TOTAL IMPACTED: 12. DESC{2IPTION OF PROPOSED WORK (ATTACH PLANS): filling 9.9 acres of a 49.2 ** acre lake as shown delineated on attached map. 13. PURPOSE OF PROPOSED WORK: fill 9.9 acres of Lake Gresham for commercial use. Lake size is aonrox. 65 acres. 14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS. Commercial property close to residential subdivisions, major highways, and railroads with municipal water and sewer adjacent to site is needed by the public for their convenience. This minimizes travel, saves fuel, and reduces pollutants to the atmosphere. 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 [X] NO [ ] See copy of letters RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS. attached. 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 ( ] See copy of letters attached. 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. Remaining fill to be placed in lake as shown on attached plat. B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT. Not available C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. N/A D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH COPY. N/A E. WHAT IS LAND USE OF SURROUNDING PROPERTY? Primarily Industrial Use. F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? Citv of Raleiah Public Seweraae Svstem ?, R'S SIGNATURE DATE J. FRED DAVIS, JR., INC. Consulting Engineers 705 Georgetown Road Post Office Box 18051 Raleigh, North Carolina 27619 Telephone (919) 832.7704 October 22, 1992 Mr. Bennett A. Rowland 6700 Valley Lake Drive Raleigh, North Carolina 27612 REF: PROPOSED FILL IN LAKE GRESHAM, RALEIGH, WAKE COUNTY, NORTH CAROLINA. Dear Mr. Rowland, You obtained a "Land Disturbing Activity" permit (4794LD) from the City of Raleigh on 07-29-87 at a cost of $2,525.00, for disturbing 29.7 acres. You also obtained a water quality certification to place fill in Gresham Lake; Certification No. 2176 was issued 11-04-87 from the State of North Carolina Department of Natural Resources and Community Development. You received a Nationwide Permit (33CFR 330 J (a) (26) from the Corps of Engineers on 03-29-88, authorizing the fill of 9.9 acres of Gresham Lake land. Since the acquisition of the above permits and the payment of fees, you have filled the greater portion of the 9.9 acres allowed. As you requested, I have calculated the approximate volume of fill available in the remaining 19.8 acres authorized by the Land Disturbing Activity Permit to be approximately 600,000 cubic yards. In order to proceed filling any of the remaining 19.8 acres, other permits will have to be obtained from the State Dept. of Natural Resources and Community Development and the Corps of Engineers. If you desire, I will be glad to assist you in,obtaining the required permits. v Y Or• Sincerely, J. FRFD-DAV,15, JR. C r J Fred.Davis, JrJ, ofessi'enal Engineer #3333 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO Regulatory Branch April 6, 1992 Action ID. 199201527 and Nationwide Permit 26 Ms. S. Michelle Bradshaw Hatch, Little and Bunn Attorneys at Law Post Office Box 527 Raleigh, North Carolina 27602 Dear Ms. Bradshaw: Reference is made to your letter of September 12, 1991, concerning Mr. Bennett A. Rowland's placement of fill into Gresham Lake adjacent to U.S. Highway 1, in Raleigh, Wake County, North Carolina. In that letter, you expressed concerns that Mr. Rowland had exceeded the 9.9 acre limit of fill authorized by Department of the Army nationwide permit (33 CFR 330.5(a)(26). During a telephone conversation with Mr. Ken Jolly of my staff on October 30, 1991, you were advised that Mr. Jolly had inspected the worksite and requested a survey of the present fill limits. A field survey of the site dated March 11, 1992, revealed that all fill was landward of and within the authorized fill limits as of that date. Mr. Rowland was notified that we were in concurrence with the findings of that survey, and cautioned that he not exceed the permitted limits. Mr. Rowland has assured my staff that he is aware of the project limits and will do all he can to ensure that these limits are not exceeded. We appreciate your concern in this matter. Should you have further questions, please contact Mr. Jolly at the Raleigh Regulatory Field Office, telephone (919) 846-1217. Sincerely, G. Wayne Wright Chief, Regulatory Branch Copies Furnished: Mr. Bennett A Rowland Mr. Mike Coughlin 6700 Valley Lake Drive Wake County Developmental Services Raleigh, North Carolina 27612 Post Office Box 550 Raleigh, North Carolina 27602 Mr. Fred Davis, Jr. st Office Box 18051 sleigh, North Carolina 27619 IN REPLY REFER TO DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 March 8, 1990 Regulatory Branch SUBJECT: CESAW-C090-D-092 and Nationwide Permit 26 Mr. B. A. Rowland 6700 Valley Lake Drive Raleigh, North Carolina 27612 Dear Mr. Rowland: Reference is made to my letter to you of March 29, 1988, concerning your proposed placement of fill material into 9.9 acres of Gresham Lake to allow for commercial development of your property in Raleigh, Wake County, North Carolina. In that letter, you were notified that your proposed fill activities were authorized by Nationwide Permit 33 CFR 330.5(a)(26). Reference is also made to Mr. J. Fred Davis' letter of February 7, 1990, requesting a time extension for completion of the authorized project. Department of the Army permit authorization pursuant to Nationwide Permit 33 CFR 330.5(a)(26) is hereby renewed for your proposed placement of fill material into 9.9 acres of Gresham Lake, located above the headwaters of Perry Creek, provided the work is accomplished in strict accordance with the enclosed conditions. This verification will be valid until the-nat-i--apwide permit is modified, reissued, or revoked. All nationwide permits are scheduled to be modified, reissued, or revoked prior to January 13, 1992. It is incumbent upon you to remain informed of changes to--the__nati9nwide permits. We will issue a public notice announcing changes when they occur. Furthermore, if you commence, or are under contract to commence, this activity before the date the nationwide permit is modified or revoked, you will have twelve months from the date of the modification or revocation to complete the activity under the present terms and conditions of this nationwide permit. This authorization is valid for a period of two years from the date of this letter. If you have questions, please contact Mr. Ken Jolly, Raleigh Regulatory Field Office, at telephone (919) 846-1217. Sincerely, Enclosure ne Wr ht ARegulatory Branch I IL -2- Copies Furnished (without enclosure): Mr. J. Fred Davis, Jr. Consulting Engineers Post Office Box 18051 Raleigh, North Carolina 27619 Mr. John Parker North Carolina Department of Health, Environment and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. William Mills Water Quality Section Division of Environmental Management North Carolina Department of Health, Environment and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 CONDITIONS a. Any discharge of dredged or fill material will not occur in the proximity of a public water supply. b. The activity will not jeopardize a threatened or endangered species as identified under the Endangered Species Act, or destroy or adversely modify the critical habitat of such species. C. The activity will not significantly disrupt the movement of those species of aquatic life indigenous to the waterbody (unless the primary purpose of the fill is to impound water). d. Any discharge of dredged or fill material will consist of suitable material free from toxic pollutants. e. Any structure or fill will be properly maintained. f. If the activity may adversely affect historic properties which the National Park Service has listed on, or determined eligible for listing on, the National Register of Historic Places, or if significant historic properties are encountered before or during work, the permittee will notify the District Engineer. g. An individual state water quality certification must be obtained or waived. Conditions of certification will be considered to be special conditions of the Federal nationwide permit. Please contact Mr. William Mills, North Carolina Division of Coastal Management, telephone (919) 733-5083. h. The following management practices will be followed to the maximum extent practicable: (1) Discharges of dredged or fill material into waters of the United States will be avoided or minimized through the use of other practical alternatives. (2) Discharges in spawning areas during spawning seasons will be avoided. (3) Discharges will 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 waters (unless the primary purpose of the fill is to impound water). (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 will be minimized. (5) Discharge in wetland areas will be avoided. (6) Heavy equipment working in wetlands will be placed on mats. i v r i r i c ze, ?a $4 o A I-? cd "d d U G 14 R1 co 4 3 a K > 00 °? ° • o r i z O -'? H N 0 O co 2 Z cc ? cn Z Q z 3 w O U w F- Z?iQ ° ° z LL ¢ (ry r U j O?zx= W m Z W O .0 Q W W y z CL e c U u ; c ?(D . O U d z W 0 a N e S Art V State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor R. Paul Wilms S. Thomas Rhodes, Secretary Director March 4, 1988 Mr. Bennett A. Rowland 6700 Valley Lake Drive Raleigh, NC 27612 Subject: Proposed Fill in Headwaters or Isolated Wetlands Bennett A. Rowland - Lake Gresham Wake County Dear Mr. Rowland: Upon review of your request for Water Quality Certification to place fill material in Lake Gresham, 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. Since-rely, Paul Wilms RPW/dkb Attachment cc: Wilmington District Corps of Engineers Raleigh Regional Office ,T/Fred Davis, Jr., Inc. i. Pollution Prevrntiun Paw P.U. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Equal CDaorwnzty Affirmative Action Fmolovrr GENERAL CERTIFICATION THIS GENERAL CERTIFICATION is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15NCAC2H, Section .0500 for the discharge of fill material to navigable waters or adjacent wetlands areas which are above the headwaters or to wetland areas that are not a part of the surface tributary system to interstate waters or navigable waters of the United States (i.e. isolated wetlands) as described in 33 CFR 330.5(a)(26) of the Corps of Engineers' regulations. The category of activities shall include any fill activity in these headwaters and isolated wetlands areas where the activity does not result in the loss or substantial modification of 10 acres or more of waters of the United States, including wetlands. The State of North Carolina certifies that the specified category of activity will not violate Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth. Conditions of Certification: 1. Proposed fill or substantial modification of 1 to 10 acres of such waters, including wetlands, requires a written concurrence from the Division of Environmental Management. Activities involving less than one acre do not require written concurrence. 2. Excluded from this General Certification are discharges of fill in waters classified WS I, II, or III (public water supplies) and SA (shellfish waters). This exclusion also applies to fill in wetlands adjacent to these waters. Discharge proposed for these waters or wetlands must be considered for certification on a case-by-case basis; - 2 - 3. That the discharge will consist of suitable material free from toxic pollutants in other than trace quantities; 4. That established erosion control practices are utilized to prevent excessive increases in turbidity and settleable solids concentrations in the water body as a result of the discharge; 5. That the discharge of fill material shall be in accordance with the conditions and management practices specified by the Corps of Engineers in 33 CFR 330.5 and 330.6 for nationwide permit number 26. Non-compliance with or violation of the conditions herein set forth by a specific fill project shall result in revocation of this Certification for the project. The Director of the North Carolina Division of Environmental Management may require submission of a formal application for certification for any project in this category of activity, if it is determined that the project is likely to have a significant adverse effect upon water quality or degrade the waters so that existing uses are precluded. Public Hearings may be held for specific applications or group of applications prior to Certification if deemed in the public's best interest by the Director of the North Carolina Division of Environmental Management. This the S? day of ?{/sfs..,L« ??? . ? A DIVISION 'CSb? ENVIR?N 7.4 MANAGEMENT 'PEN By ?,?-- sue... ,o...... • R. Paul Wilms, Director ?y M^ i Federal Emergency Management Agency Washington, D.C. 20472 yQ or Community No.: 370243 Case No.: 86-04-04R The Honorable Avery C. Upchurch Mayor, City of Raleigh P.O. Box 590 222 W. Hargett Street Raleigh, North Carolina 27602 City of Raleigh, Wake County, North Carolina Dear Mayor Upchurch: This is in response to a letter dated April 2, 1986, from Mr. Danny Bowden, Conservation Engineer, City of Raleigh, to the Federal Emergency Management Agency (FEMA) regarding tae Flood Insurance Study (FIS) for the City of Raleigh, Wake County, North Carolina. With his letter, Mr. Bowden submitted a report entitled, 'Floodway Determination for Perry Creek in Gresham Lake,' dated March 1986 and prepared by Dr. Michael Amein for J. Fred Davis Jr., Inc. With a letter dated June 12, 1986, Dr. Amein submitted a revised report, dated June 1986, that revised the orientation of cross sections used in the hydraulic analysis for the March 1986 report. In addition, the hydraulic analysis for the June 1986 report contains updated cross-section data for the Chessie System bridge and for the bridge removed at Rock Quarry Road. The June 1986 report outlines a proposed plan to partially fill the southern portion of Gresham Lake without increasing the base flood elevations (BFEs) of Perry Creek. In a letter dated July 10, 1986, to Mr. Bennett A. Rowland, developer for the proposed project, we requested that a floodway analysis be performed for the proposed project. In a letter dated November 6, 1986, to Mr. Rowland, we detailed the procedure needed to generate a floodway analysis for Perry Creek with Dr. Amein's hydraulic analysis. With a letter dated April 30, 1987, Dr. Amein submitted a revised floodway analysis for Perry Creek. We have reviewed the FIS with respect to the information submitted. If fill is placed in Gresham Lake as proposed, we believe that flood waters entering Gresham Lake will be adequately conveyed by the improved channel as outlined in the report. The placement of fill will not change the BFEs through Gresham Lake, but the floodway will be narrowed an average of 400 feet. As a result of the updated cross-section data used in the hydraulic analysis, the BFEs will increase about one foot just upstream of the Chessie System bridge, and will decrease about seven feet at the site where the bridge was removed at Rock Quarry Road. Upon completion of the project and receipt of community approval and 'as- built' plans certified by a registered professional engineer, FEMA will make a determination on revising the FIS. However, before FEMA can make a determination concerning a revision to the floodway, we will need a written statement from the City of Raleigh approving the revised f loodway and stating that it will enforce the revised floodway. A The basis of this Conditional Letter of Map Revision is a proposed channel modification project. National Flood Insurance Program (NFIP) regulation 44 CFR 60.3 (b) (7) requires that communities 'assure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained.' This provision is incorporated into your community's existing floodplain management regulation. Consequently, upon completion of the project your community will be responsible for maintaining the channel. In addition, this Conditional Letter of Map Revision is based on minimum floodplain management criteria established under the NFIP. State and community officials may set higher standards for construction to floodplain areas. If the State of North Carolina or the City of Raleigh has adopted more restrictive or comprehensive floodplain management criteria, these criteria take precedence over the minimum NFIP requirements. If there are any f urther questions regarding this matter, please do not hesitate to contact the Chief, Natural and Technological Hazards Division of FEMA, in Atlanta, Georgia, at (404) 347-2391 or Mr. Daniel Cotter of our Central Office staff in Washington, D.C., at (202) 646-2757. Sincerely, '"'Q J h L. Matticks f, Risk Studies Division Federal Insurance Administration cc: Mr. Mark T. Senior City of Raleigh Mr. Danny Bowden City of Raleigh Dr. Michael Amein, P.E. Mr. J. Fred Davis, Jr. J. Fred Davis Jr., Inc. Mr. Bennett A. Rowland Mr. W.W. Carroll T Received of Address No. M' 439373 -vr PAID CITY OP RALEIGH ` OIVERSRI[O BUS"SFORMS. f?RV. HC 27111 (9191 /69-233! 1e331eas Collector. .y DEPARTMENT OF INSPECTIONS DATE/TIME 07/29/87 09:14 CITY OF RALEIGH PERMIT 4794 L TRAM NO. 854 INSPECTIONS DEPARTMENT PERMIT FOR LAND DISTURBING ACTIVITY ADDRESS 6935 NORTH BLVD PROJECT TYPE SUBDIVISION BLK LOT PRID A 71941 PROPERTY OWNER }T; ,•:r' BENMETT ROWLAND CITY LIMITS OUT ADDRESS , - "6915 NORTH._13LVD.-"- - TRACT SIZE 540.0 PLANS PREPAREO By, ? J: ,FRED DAVIS ZONING 1 50 ADDRESS 74 5 r1r EORGIETOWIV°•RU'.•-•-... ., CONTR CT,n'I4AMEJ 1 4i ?aENAt+.7'T t,RQlt,>~.ANA AODRES4jfjt;?i(, 1.1,. t It.wtt? . i f .'?4G•?!'. 1!}Ci'lu?;:_,'' -,, •J,'-1 :?d'?? .5.. ,? l 4? '1 _ ..? ys;: ce..:;r?tt3,+f'1; J r r .. n s ti46 f11`....6+. .3gf nt 'j;LI TEL ACTIVITXS' GRADE NG DILL `k6RESOAMS LAKE C91: I S 2 11 REA 9.7 '`'ACRES o25.00 '.W-A1. I 1j.#0 t D ' t : ?IA DATE: 0 ?? 3 u`, '•.. ?? ?: • t :_ -'d.,................,.. c" ,+? ?' . : ;t?,ERN?`?t? : 4794 L `?i Difr>tr1 ..y1. inh?UQi;? •`.? +t?L+j4.'~"2+??? .(tl 'yet . ? ? ' ??i?L'Or :?W1'ittw+;j?;xv P„• "`('t r.,•.aa. i)-?C(6 ,>r*i::,4J,f..?it::.•.+t .:75.) aril •?i,", h...?%"'? J ,t: 4w lto-o?, :4: ? "t}.^f" t ? 1 •t li . 1. ?. ?F+• ;1'` t ?.l `? i %aJ :: l ?a? ,? t* '?i:, 1 j !` a." ?'?t? ? ,'!' ?t ;?_ f, } ,! '? \,h? ` r ,. ^?..tV y(1rly: Y?3 ?'.ly, ,f .::?t r. t Ot 3i 8,^I Y . ?;, t ?, v .ilafa ``d.,- ,`.•r'.' ?. )' at. do" .gl 'Al 10,Z3p I1 07/29/87 ?s C-A3Aj". ABS?a~`."It4ITIAL,?j?j? f HAUNT W,ILECTED: t29525.00 ' PLEASE REFER TO CRITICAL NOTES ON THE OPPOSITE SIDE OF THIS SHEET 222 W. HARGETT STREET • P.O. BOX 590 • RALEIGH, NORTH CAROLINA 27602 DEPARTMENT OF INSPECTIONS 7 DATE/TIME 07/29/87 09:14 CITY OF RALEIGH PERMIT $: 4795 TRAM NO. 850 INSPECTIONS DEPARTMENT PERMIT FOR FLOOOPLAIN REGULATION PURPOSES ADDRESS 6935 NORTH BLVD PROJECT TYPE SUBDIVISION BLK' LOT PRID $ 719 PROPERTY OWNER BENNETT ROWLAND CITY LIMITS OUT ADDRESS ""'6425 NORTT•- BLVD TRACT SIZE 540. PLANS PREPAREGY BY FRED DAVI$- ZONING 1 50 ADDRESS ., but- , ",765 . 6 E11 R6E7t?NNRD: 2 if ?RALETGK NG ":,, , yF 3 CONTRACTOR, NAMEr 'r$EIyNTT ROWLAND ~?•`? ,• t aCONT . No' ADDRESS _? = fn ;iktt 4t 4;6915 NORT7 RL Q;, ,? , r t / 'f13? X13 i ,.. ??c •r '? t TEL 10 J ACTIVITY: FLOODPhAIN ? FILL GRESHAMS LAKE :!'.,,.t1? t7 r ? , I +?. 1_f'?'i1,.r7i ?4'.: •.>: ? , .i,'..i( 1 E : ''::? .a R `.P. 'ti:L> YATIQN ?2 Z.0 _FEET # :?' `? r r! # FLUO GOMMPN3?5 ?...? ? ?1. 't#?•?^ ?1- ?'. ,, ?; , "1,,; .. , ,?,., ? r, 1' .?,,, ?` ., ? `" '(;. ',. •? ?'? t, itirv ?, `\j timi, .t,a` ,i r ;' ?' `?? ?' •.?, ,-. i . .r y ... ?;l ... - , 1 ... ?(i `? ,4 i.t" ? ??t• .tr1A ?M??' ,'i? _ ? ,? .?sJ f.. +j ?` 1 .1 .'?,,,,,jpi`'7'?`:tjf?') tt ?l. ?`?"? .? \;,r,tJ' - _•..... "' ,(;idt, Z?..?? ? i'? ty .,Y`r 'lrt ?..: DATE: 07/29/87 GASOIIEU .•ABS 14 T2 AL-Z, AMOUNT, COLLECTED: $25.0 " ?' ?,? ^+i?lW"JJI) ?"1', ti!$;:, t ••w..,.........r i',i? Lti :' °,td ,''?y'14•.l?i y" +• 00KKfJ'e?7 PERMIT $: 4795 `ft11? ?R,±j, <• }`-?1t•^•?C, i in ?p`HCy? °.:, ?',t• , l'' - `?' /Zti 'ji?;fln:w..}1?1f'4?.?':•,:J 3i ,. "}} .. ("'"'l.. ? ? ??5. ?1?.-`.1,? oi:/??"!+l"'aR%. }?'.t :?t? •? .i 44V1+,TSa) 4. 1 `,fit` 4 04 * PLEASE REFER TO CRITICAL NOTES ON THE OPPOSITE SIDE OF THIS SHEET 222 W. HARGETT STREET • P.O. BOX 590 9 RALEIGH, NORTH CAROLINA 27602 0 0 } IAJ . ... •.. l C) co --.W?jj imc, 10 cc C2. 306 Electra Drive Cary, N.C. 27511 June 12,1986 Mr. Lyle Fisher Greenhorne and O'Mara 9001 Edmonston Road Greenbelt, Md.,20770 Dear Mr. Fisher: A copy of the revised report on Perry Creek in Gresham Lake and a HEC-2 output with the proposed new channel in the lake is enclosed. In this revision, the added cross-sections have been redrawn so that the stationing is from left-to- right looking downstream. The GR cards were revised to reflect the change. As I mentioned it over the telephone, I discussed the matter of the effect of storage loss in the lake on the outflow hydrograph with Mr. W. Ray Batchelor of the Corps of Engineers. This question is dealt with in 'Section III. Design Floods' of the report. The Corps of Engineers has prepared a floodway analysis for the city of Raleigh. If the design floods and the water surface elevations above and below the lake remain essentially unchanged, there may be no need to run new analyses. Mr. J. Fred Davis will obtain a copy of the city of Raleigh's approval of the proposed plan and will submit it to you. Sincerel / Michael Amei n Professor of Civil Engineering N.C. State Universityt Personal Account Information Redacted 01:5hPM P.2 _. ' North Carolina Wildlife Resources Commission _ pc. _ 512 N. Salisbury Street, Ralciah, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: John Dorney, Water Quality Planning Division of Environmental Management Department of Environment, Health, & Natural Resources FROM: Richard B. Hamilton, Assistant Director ?tl?t'J•l?Cv. North Carolina Wildlife Resources Commission DATE: March 22, 1993 SUBJECT: DEM #93100, 401 Certification Application for Gresham Lake, Wake County, North Carolina. Biologists from the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the subject permit application and an onsite visit was conducted on March'9, 1993 for the purpose of further assessing project impacts on fish and wildlife resources. Our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.) and the Clean Water Act of 1977 (33 U.S.C. 466 et seq.). Lake Gresham, an impoundment of Perry Creek, provides excellent fishing opportunities for largemouth bass, crappie, sunfish species and channel catfish. The applicant is currently completing the falling of 7.5 acres of the 49 acre impoundment and is seeking a permit to fill an addit' nal 2.4 acres of the lake for commercial use. The fill already completed has resulted in a decrease in the impoundments surface area of approximately 151k. Additional fill will negate another 5 to 8sk of the impoundment. The ongoing activity has increased turbidity levels in the lake. At the time of inspection no erosion control measures were noted on the site previously filled, or on the site where work was progressing. Increased turbidity will have negative impacts to fisheries resources in the lake. It will also decrease buffering capacity and retention time of water in the lake and result in increased nutrient and sediment loading downstream. PR 13 133 01:57PM . . Memo P.3 Page 2 March 22, 1993 The applicant has not demonstrated that the development of commercial property at this location is wetland dependant. Based upon the information provided in the permit application, the results of our onsite investigation, and our knowledge of the fishery and wetland benefits of Lake Gresham, NCWRC recommends that 401 Water Quality Certification be denied. Thank you for the opportunity to review and comment on this application. if we may provide additional information, or if you should have questions, please contact our Habitat Conservation Program Manager, Dennis Stewart at (919) 752-3270. WJ/sp cc: The Honorable Eugene Price Wayne Jones Mike Scruggs Steve Pozzanghera J. FRED DAVIS, JR., INC. • Comilting Engineers 705 Georgetown Road Post Office Box 18051 Raleigh, North Carolina 27619 Telephone (919) 832-7704 December 10, 1987 United States Army Corps of Engineers Regulatory Branch (CESAW-Co-EE) Post Office Box 1890 Wilmington, North Carolina 28402-1890 Attention: Mr. Mike Smith Re: Your letter dated 11/25/87 regarding alleged unauthorized filling activity at Gresham Lake, Raleigh, N.C., and subsequent phone conversations requesting information. Dear Mr. Smith, Relative to information requested by you regarding filling in Gresham Lake the following is submitted. 1. Copy of letter dated 1/12/81, to Mr. E. Wayne Baker, Conservation Engineer, City of Raleigh, N.C., from K.B. Old, Jr., Acting Chief, Flood Plain Management Services Branch. 2. Copy of letter dated 5/6/81 from the Department of the Army, Regulatory Functions Branch, eliminating need for individual permit. 3. Copy of letter dated 7/15/81 from E. Wayne Baker, Jr., Conservation Engineer, City of Raleigh. 4. Copy of letter dated 10-2-85 from this office to Colonel Wayne Hanson, District Engineer, Wilmington, North Carolina. 5. Copy of letter dated 10-28-85 to Mr. Danny Bowden, Conservation Engineer, City of Raleigh, from K.B. Old, Jr. 6. Copy of land disturbing permit from City of Raleigh. 7. Copy of flood plain permit from City of Raleigh. 8. Copy of check and receipt for permits. 9. Copy of map by this office entitled " Property of Bennett Rowland, Gresham Lake Site"- Channel Design, dated August 11, 1986, and revised 7/02/87. -• r Mr. Mike Smith December 10, 1987 Page Two The estimated area of the lake that has been filled since 7/29/87 is 0.75 acres. I believe the above items are as you requested. My files are open to you if additional information is needed. Sincerely, JFD/dcb Encls. (9) 0002-? a- .1: s O W u Cr) W n CD f• d, l U-i u w {y l r- 1 O ?21Ah. A. - %" 0.r .11 1 t rl '?r.Er? '" ?( 3y ?I Qn 'a iL I I ? VN W C '• ~ I h ? J Q ` jn• iti 4^.? ? °' r1 WI r J . a 1 y l j m d ? y, s2 1 O O ? ? 1 I f { r? '"1 ? I I j 1 I N I 1 = s La y 0 U v ~-n r oc _ tc ; - ? x t t ? tZ , ?c d 0 an c w M 1 ? V ry " J C? .n ti R C 3 .~^. u LLi a Yv .31 h i ? } [ I.!. ?L N 1 go 0 I S V I li o .to 0 ni I q r; I o ? vl I id K I z ? s i eI r uj ':I`- 4{?, M P m ? j 3 + M 1 ,1 t?ln .'. ? Q , lr- Y5N ?I I N 0 , x { { rl ? Ul .4 4 O I I •' ? I -, i C 4 I u < r iw? IV x IW { c? a 1 y= ?j3a ? ?? v NI o?nl0. R sI 4 M ar t o^- I n 7, a } ? ? i I I `, ? I .J G I i ? i I l ?I •? 7 ZI P I ? : w ^ n p 1 C d am: '' ly H U V? ? ? C4 W " x 6W W I a z 4 W a 4 8 6 4 u In `J ` _ 1 W wii -? i - i a d a C] r• N - F l [I j lrl c3Q 1,4 91H]'J -0 10?H S V ; L .rSi '1 .1::1j CAPITAL BOULEVARD CORRIDOR PLAN SEC .0N ` Hkl9F- 5E CcnoN :NiE `rA10 LEGEND STUDY AREA VISUAL RESOURCES STUDY AREA .le, A^' c' o• 11 t„ e f a + y v{•r A 'y ;4 f; T ?. r 4 t? cam, ? , MON .o.n u f ( p // ? r r _ g 4 O I r/ J Ids[ ? ? i rlU'p ? n IMPORTANT Date Time v 1-- E YOU WERE OUT M ?Y vc S of Phone -776 - -- AREA COD NUMBER EXTENSION TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL s ge ev G 57, / I ?4Q 'PO !1/17 Signed N.C. Dept. of Environment. Health. and Natural Resources 1v ? Printed on Recycled Paper STAIZ State of North Carolina Department of Envirorunent, Health and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James B. Hunt, Jr., Governor A. Preston Howard, Jr., P.R. Jonathan B. Howes, Secretary Director April 14, 1993 Bennett A. Rowland 6700 Valley Lake Drive Raleigh, N.C. 27612 Project # 93100, COE # 19921527 Dear Mr. Rowland: The Division of Environmental Management, Water Quality Section has reviewed your plans for wetland fill for 2.5 acres of water at Gresham Lake in Wake County for commercial fill. Based on this review, we have identified significant uses which would be removed by this project. These are aquatic life, water storage, pollutant removal and swimming. Furthermore, insufficient evidence is present in our files to conclude that your project must be built as planned. Therefore, we are moving toward denial of your 401 Certification. Until we receive this information, we are requesting (by copy of this letter) that the U.S. Army Corps of Engineers place your project on administrative hold. Please provide us with information supporting your position that your project must be constructed in wetlands. Specifically can you construct your commercial development on nearby upland or prior filled lake bed? Any documentation such as maps and narrative which you can supply to address upland alternatives may be helpful in our review of your 401 Certification. Please respond within two weeks of the date of this letter. RL010\AI. OPPICPS A,I-illc F?pcuc?illc \lovc di R;kigh \Vaxh':gL 704/251 6208 919/4801541 7111/hb:-1099 919/571.47(10 914/9=6 f.181 wilminp \V inston SaIc 919/395-39(1(1 919/8967007 Pnllulinn Prc-,11 n P:nc 1' 0 Ito_? .9535 Rnlcilh Nonh C arolinz 27(,26-05,±5 lilcph,nl< S.. 733 7(115 An Lyu:J 0pp.m.um1r A(fumeti- A-,, hn,pl„pu 0* If you have any questions, please call me at 919/733-1786. incerely, O-ne)yg Jp n R. 93100 cc: Raleigh DEM Regional Office Raleigh Field Office COE Wilmington Office COE Central Files Fred Davis,,# Dennis Stewart, WRC State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management P.O. Box 29535 Raleigh, North Carolina 27626-0535 WATER QUALITY SECTION FAX # (919) 733-1338 ?gS TELECOPY TO: FAX NUMBER: 11? ?? -, FROM: PHONE:- I -?) I l?1 NUMBER OF PAGES, INCLUDING THE COVER SHEET:. __ ,?/? Clj?^? 5 JAM TRAHSMISSIOH REPORT +:;#:;k #?*;k;?;+:;+:;k>k'X•>k;k;k::k>k;l<>I:>Y;K?F::F:>k*:+:?F:h:;k;k ( APR 13 '93 01: 58Ph1 ) :}?;**N:* ?i *h?* *,t<;k *:* ?F:>f:%k* * ***;k*** *.W * **-t<* ** *:+::F? ?+:* * ** W.?F::*;tt* * ** h:h::k-+: * *%k: *?f:: *;k*;+: %k **?k>k;*>f:>k* %k*>k:k ik>kh:*;?;t:;*>k*>k*;k?k-?;>k >k * DATE '-TART REMOTE TERMINAL MODE TIME RESULTS TOTAL DEPT. FILE TIME IDENTIFICATION PAGES CODE 1.10. ?J3 APR 13 01: 56P1.1 9198324781 CS ST 01' 53" U- K * * * * * * * * * h: * * * * * * * * * * * * * * t:;t<**;k%k%+::k*;K;f;*?f;;?;%h:+:;+:*?k* **>k:+:;+?:k?kh:X*%t;;+:;t:;t:::y,;t:;?::k:;i?;k:;+:%k?kK:>k:k:t::k:k;k>k%+;***%I<%+;%F:;t:;t:;k%k;k;#?*-k:t<,kiF:,k*%t<;{c:f;**:k*;k***:k;?;kh;*>k%k*** State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management P.O. Box 29535 Raleigh, North Carolina 27626-0535 WATER QUALITY SECTION FAX # (919) 733-1338 TELECOPY TO: FAX NUMBER: FROM:__ r L ? PHONE: ??'?? 1 C NUMBER OF PAGES, INCLUDING THE COVER SHEET: TRAHSMISSIOH REPORT APR 14 '93 11:33-HI-1 ) ? -: ?h:::k,+:>k %k:Y;k,+ ,+.;+` k h::+' f' t ,k:;k:? ;ft;+.,k ?k,f: ?k h.:F:>k;k;k;?>Y• h:;kh?'4' +: Y< k'k:;+ .k h<;k Y<;k,Y;t ;k %+: k;K%F? *;k ?;kh? ?k k h<;k:f:,k?k,k,k;k ;#?;k>k>k>k>k h; %kX h: *,k,k;k:k h;;k;k>k;K>k h;%k-+? DATE START REMOTE TERHIHHL MODE TIME RESULTS TOTAL DEPT. FILE h TIME IDEHTIFICATIOI'J PAGES CODE HO. APR 14 11:31H11 919,3 4T=i G3 ST 01'4=1" OI< 03 + h: W h? 'y k h: k ? k. :+:kh;h„+:,+,kY<kh•h:;+:;+:;k-f,h::+:h::h;h.,kh`-+:;t:h. F:kh:h;h;h,h?h -+:;+:;+.,+;+; h;;+;:F:?+. +;.t•?k::kh;h;h;-+';+::?,t.:t +:;k:+::>+;h..F? +:;+: +:;+:k h';k,+;h;?h;?+„+:h?h'>k:kh:h.h;;+:,fi:?<%Y.Xk: h•h.h;k:kh: z ?? J k DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 NC epl 0/ IN REPLY REFER TO Regulatory Branch March 10, 1993 Action ID. 199201527 and Nationwide Permit No. 26 (Headwaters and Isolated Waters) Ini y l Mr. Bennett r -1-iwland 71993 6700 Valley "e Raleigh, Nr 27612 WETLANDS GROUP Dear Mr. Ref author water wate- gro, Coy • To ?. byp ry 8, 1993, for Department of the Army Oar\G\ ORTgtiT hin an additional 2.5 acres of ve loss of 9.9 acres of open 'grry Creek, to create high ?V 'gast of Raleigh, Wake F ?' yOU h,F T'? R l ?) I F 001 ? mac' n i C4111 lb uNFQ \ gNTS F TO 8,6 0(I p1Fq XTe '1?e RFTUR OO W/11 SF Cyl( SSdBe OFD Y bhp C,gll OUR C111 GF?T q G q/N Regulatory Program, published in the permits (NWP). the Clean Water Act, aters and isolated waters ire than 10 acres of waters -neer if the discharge would ,reater than one acre in .dition. For discharges in e notification must also include ites, including wetlands; and lant features, both temporary and :e project. provided it is accomplished in strict This NWP does not relieve you of the State or local approval. You should Carolina Division of Environmental ag a State Water Quality Certification. rJl ? J ? t Y ?dM i f' 1: PC -2- This verification will be valid for 2 years from the date of this letter unless the NWP authorization is modified, reissued, or revoked. Also, this verification will remain valid for the 2 years if, during that period, the NWP authorization is reissued without modification or the activity complies with any subsequent modification of the NWP authorization. If during the 2 years, the NWP authorization expires or is suspended or revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the NWP, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the NWP will remain authorized provided the activity is completed within 12 months of the date of the NWP's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend, or revoke the authorization. Questions or comments may be addressed to Mr. Eric Alsmeyer, Raleigh Regulatory Field office, at telephone (919) 876-8441, extension 23. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure Copies Furnished (without enclosure): Mr. Mike Coughlin Environmental Engineer Wake County Community Development Services Post Office Box 550 Raleigh, North Carolina 27602 ar. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27687 Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Copy Furnished (with enclosure): J. Fred Davis, P.O. Box 18051 Raleigh, North Jr., Inc. Carolina 27619 MEMO DATE: TO CIS III N Uj ?-" ??' SUBJECT: 4, S _ ??751 ? cl w?P From: pl ?h ?Sk Wnra v?tAP North Carolina Department of Health, and Natural Resources Environment, ?4 Printed on Recycled Paper OA X13/C?C? y ? DEM ID: ACTION ID: NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT 26 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 l DIVISION OF ENVIRONPM ANC DEPARTMENT OF E ' AND NATURAL RE 0.0. BOX 29535 RALEIGH, NC 27626 ATTNs MR. JOHN DO PN )Telephone (919) 73 ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SE ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. ENVIRONMENTAL MANAGEMENT. PLEASE PRINT. 1. OWNERS NAME: Bennett A. Rowland E@r, HAA#H W 199 3 W29 'lilt; SUUi{?? ION OF ..... 199u OWNERS ADDRESS: 6700 Valley Lake Drive Raleigh, North Carolina 27612 3. OWNERS PHONE NUMBER (HOME): (919) 848-0534 (WORK) : (919) 872-3656 4. IF APPLICABLEs AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: N/A 5. LOCATION OF WORK (MUST ATTACH MAP). COUNTY: Wake NEAREST TOWN OR CITY: Raleigh, N.C. SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): located on Capitol Blvd. (US Hwy #1 North at Lake Gresham) said lake located approx. 8 miles north of the center of Raleigh, N.C. 6. NAME OF CLOSEST STREAM/RIVER: Perry Creek 7. RIVER BASIN: Neuse 8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW, WS I, OR WS II? YES ( ) NO (X) 9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES (X) NO ( ) IF YES, EXPLAIN. necessary for previous Nationwide permit to be valid. 10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, LOCATED ON PROJECT SITE: 49.2 ac. 7/8/92 ?,r SiATg o State of North Carolina Department of Environment, Health, and Natural Resources 512 North Salisbury Street • Raleigh, North Carolina 27604 James B. Hunt, Jr., Governor March 4, 1993 The News and Observer Post Office Box 191 Raleigh, North Carolina 27602 ATTN: Legal Ad Department Dear Sir: Subject: Public Notice Jonathan B. Howes, Secretary Please publish the attached Public Notice one time in the section set aside for Legal Advertisements in your newspaper. The publication should run on or before March 8, 1993. Please send the invoice for publication and three copies of the affidavit of publication to the address given below. Payment cannot be processed without the affidavit of publication. N.C. Division of Environmental Management Water Quality Section Post Office Box 29535 Raleigh, North Carolina 27626-0535 If you have any question concerning this matter, please call me at 919/733-1786. Sincerely, Joh R. Dorney Wetlands and Techni 1 Review Group JRD/kls N&O.ltr/Vol.7 cc: John Dorney Raleigh DEM Regional Office P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-4984 Fax ,# 919-733-0513 An Equal Opportunity Affirmative Action Employer • ? ? Wiz- ? xe ?? GI 173 TELECOPY FAX NUMBS FROM: NO. OF PAGE ('ec COMMENTS: ??L? ?G frq cN d State of North Carolina Department of Environment, Health, and Natural Resources 512 North Salisbury Street • Raleigh, North Carolina 27604 James B. Hunt, Jr., Governor March 9, 1993 The News and Observer Post Office Box 191 Raleigh, North Carolina 27602 ATTN: Legal Ad Department Dear Sir: Subject: Public Notice Jonathan B. Howes, Secretary Please publish the attached Public Notice one time in the section set aside for Legal Advertisements in your newspaper. The publication should be run at the earliest possible date. Please send the invoice for publication and three copies of the affidavit of publication to the address given below. Payment cannot be processed without the affidavit of publication. N.C. Division of Environmental Management Water Quality Section Post Office Box 29535 Raleigh, North Carolina 27626-0535 If you have any question concerning this matter, please call me at 919/733-1786. Sincerely, John rds e Wetla nd echnical /view Group JRD/kls N&O.ltr/Vol.7 cc: John Dorney Raleigh DEM Regional Office P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-4984 Fax i 919.733-0513 An Equal Opportunity Affirmative Action Employer NORTH CAROLINA DIVISION OF ENVIRONMENTAL MANAGEMENT PUBLIC NOTICE is hereby given that Mr. Bennett Rowland near Raleigh, North Carolina has applied to the Division of Environmental Management for a Water Quality Certification pursuant to Section 401 of the Federal Clean Water Act and Environmental Management Commission rules in 15A NCAC 2H .0500 and 15A NCAC 2B .0109. The activity for which the certification is sought is to fill 2.47 additional areas of Gresham Lake adjacent to Perry Creek in Wake County. A total of 7.43 acres of the lake were previously filled under previous permits. The public is invited to comment on the above mentioned application to the Division of Environmental Management. Comments shall be in writing and shall be received by the Division no later than March 25, 1993. Comments should be sent to N.C. Division of Environmental Management, Water Quality Section, Planning Branch, P.O. Box 29535, Raleigh, North Carolina 27626-0535, Attention: John Dorney. A copy of the application is on file at the Division's Raleigh Regional Office (3800 Barrett Drive, Raleigh, North Carolina, 919-571-4700) during normal business hours and may be inspected by the public. A. Presto oward, Jr. P.E., Director North Carolina Division of Environmental Management DATE: March 9, 1993 -. Filbat Oil r_% \ ? New LJe ? ( I- damp \1t Vern h 439 \ 735. ( r' 4-5 454 ??\\? ? t /r - 1 • ' `? ? //\ \'?```.. ?! ?•? 345 03 C. ?., 'f) •? 281` • 82 i ' 45'g • , .. ?? -- ; . . . I X34 Course ?,. 411, - i - - 327 O ` A S • - - 316 ??. Garry r Gre.shams Lake Perri - - - - -- - l. - - i16 117 2120000 f FEI 18 35' Hnl.trc rus.641;nv. (R FILL AR- A SI Jited, and published by the Geological Survev 'GS, NOS NOAH, and Nort',' Carolina Geode'ic Surve, * - 1 1 1-- - - 1000 0 1000 2000 hoto -rnmetric methoc? ron: aerial pli--')giaph? , 1 Field c-cked 1967 5 -_?- jection 10.000-foot gw_: ticks haseri o Ct1NTOU( Stem. l?ii-!1?efer Univ-Zs i irrlnsvers ?.=?satc'' %s" NATIONAL GELD 7, shov, iur'. 927 '':rrrth An,,,ricim L; ;' he prey (i North American Datum 1983 1 lines :- >>eters south arc 23 meters wes Dashed"-'net ticks r?'. ro 1'787 .; ?c r:06- ' Jr, A'. LA N'! f- MA, ; IHIS MAP COMPLIES Wit ied Ilne? at? seiectec *2nr.e and ficres v?he - FOR SALE BY ble on photof;raphs. This irforniah Is uocl-c-,_.,.,I DENVER, COLORADO A FOLDER DESCRIBING TOPOGRAPHIC W11 in p, . t? l:rr' -r'rlnlyd North ag?ncies fro'" penal phntogra,:- taken er sour( .- his intormati,..` .',ot 1r_I,.. herk?-c 38 Wetland area r--ern M flitfil/0-4 --acre Nearest road -U S -- Wetland width Wetland type (select one) o Other - /ikc--W 47? ER • o Swamp forest o Shoreline " o Bottomland hardwood forest o Stream channel ; • c Carolina bay o Salt marsh • ' o Pocosin o Brackish marsh • o Pine savannah o Freshwater marsh ; • o Wet flat o Bog/Fen • o Perched o Vernal pool ; sum Water storage -:: ......> ::... >: , Bank/Shoreline stabilization ?- < s`;''"»> x 4.40 - >:: > ?<>< Pollutant removal <::»<>::>! • .. .................... . Sensitive watershed -S Dispersal corridor ;.; : x 1.50 = >r+. Wetland score. . _,,.,;, , _ ............... '' Special ecological attributes . • Wildlife habitat x 1.50 = + . > :: • Aquatic life value - >; ti n R /Ed ti ' uca o ecrea on :; x0 25- - ' ' Economic value ... . , • ............................................................. c Hydrologically connected o Hydrologically Isolated I / I? ?j l?llil, l_o?l el -7 7Z, 7`, A411 '4A) G? ( '?l?l? ? ,/'. <.2o.C2?l -?tl'- Tiffin .v i 1 iii •?? ? __.? DEM ID: 931a ACTION ID: NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT fl : 26 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 ENVIRONMENTAL MANAGEMENT NC DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES P.O. BOX 29535 RALEIGH, NC 27626-0535 ATTN: MR. JOHN DORNEY Telephone (919) 73f.?-?_ ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SE ?fb. ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. ISION OF ENVIRONMENTAL MANAGEMENT. PLEASE PRINT. ""' 21 1. OWNERS NAME: Bennett A. RoWland 2. OWNERS ADDRESS: 6700 Valley Lake Drive ?`" =`-t??N --?.... Raleigh, North Carolina 27612 3. OWNERS PHONE NUMBER (HOME): (919) 848-0534 (WORK) : (919) 872-3656 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: N/A 5. LOCATION OF WORK (MUST ATTACH MAP). COUNTY: Wake NEAREST TOWN OR CITY: Raleigh,.N.C. SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): located on Capitol Blvd. (US Hwv #1 North at Lake Gresham) said lake located approx. 6. NAME OF CLOSET m emns.*v /n T.mr.. 7. RIVER BASIN: 8. IS THIS PROJEC f WS I, OR WS II? 9. HAVE ANY SECTI PROPERTY? IF YES, EXPLAIN. Perry Creek ) CLASSIFIED AS TROUT, SA, HQW, ORW, FIOUSLY REQUESTED FOR USE ON THIS ...v...--ul LVL Liu VIVU.7 Nationwide permit to be valid. 10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, LOCATED ON PROJECT SITE: 49.2 ac. 7/8/92 -2- 11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY? THE PROPOSED PROJECT: FILLED: 9.9 acres (7.43 acres completed) 1• DRAINED: dtl7 FLOODED : EXCAVATED: TOTAL IMPACTED: 12. DESCtRIPTION OF PROPOSED WORK (ATTACH PLANS): filling 9.9 acres of a 49.2 acre lake as shown delineated on attached map. 13. PURPOSE OF PROPOSED WORK: fill 9.9 acres of Lake Gresham for commercial use. Lake size is approx. 65 acres. F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? 14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS. Commercial property close to residential subdivisions, major highways, dllU Ld11L-OaC7a W.I. LEI lllunlcl?al water anQ sewer aalacp_nr r_n a, ra , s neeaea ny the public for the' convenience. This min?mizes travel, saves _fuel, and reduces pollutants to the atmosphere. 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 (X) NO ( ) See copy of letters RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS. attached. 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? See copy of letters HAVE YOU DONE SO? YES (X) NO ( J attached. 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. Remaining fill to be placed in lake as shown on attached plat. B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT. Not available C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. N/A D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH COPY. N/A E. WHAT IS LAND USE OF SURROUNDING PROPERTY? Primarily Industrial Use. City of Raleigh Public Sewerage System 4-f'- O ER'S SIGNATURE DATE I t .s ? e t?ic-lll? „r or ? ? ti r ? A J? *' ` Arlry I y ? 43 ' JO a c? <:::J l3 E'%`? AU q' ro 0 r A , f ? } ??a• N J? ?N` =fll ? \ A fAu c / i b '?. fA fA PAU V.`+0? t y?yi _ ? ? MO Y!% ip J LOCATION MAP BENNETT A. ROWLAND PROPERTY LAKE GRESHAM FILL SITE RALEIGH, WAKE COUNTY ; N. C. BOO vP _ i M1?/ ?5 ^ti I ? I bL imp r..j Tow". 440 4 JL440 �*- Ll kh, J. FRED DAVIS, JR., INC. 705 Georgetown Road Post Office Box 18051 Raleigh, NC 27619 (919) 832-7704 TO. D.E.M. water quality planning NC Dept EHNR Post Office Box 29535 Raleigh, NC 27626-0535 we are sending you: X Attached Shop Drawings Prints Copy of Letter Change Order X Other LETTER OF TRANSMITTAL Date 02-09-93 Job No. Att: Mr. John Dornev Re: Gresham Lake, Ral., NC Bennett Rowland Under A Plans Sample `` x,10 r S 1-Ei ia W ,<< VI?Ai I1 U!;r?l l f 1'`;?i;?I'?1i1 Copies Date Description -' sets 02-08-93 -Nationwide permit rgquest form (426) remainina fill area These are transmited as checked below: For Approval For Your Use X As Requested For Review & Comment Corrected Prints Copies for Distribution Approved as Submitted Return Approved as Noted Submit Return for Corrections Other Prints Returned After Loan to Us Resubmit Copies for Approval Remarks: Copy To: File Signed: