19950732 Ver 1_COMPLETE FILE_19950720

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
C) FE F=1
July 20, 1995
Durham County
DEM Project # 95732
APPROVAL of 401 Water Quality Certification
MacGreger Development and County of Durham
502 E. Lochmere Drive
Cary, N.C. 27511
FJII-,.-F COPY
Dear Sirs:
You have our approval to place fill material in 0.30 acres of wetlands or waters for the purpose
of constructing access roads at Audubon Park, as you described in your application dated 17 July
1995. After reviewing your application, we have decided that this fill is covered by General Water
Quality Certification Numbers 2732 and 2733. These certifications allow you to use Nationwide Permit
Numbers 14 and 18 when they are issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new application.
For this approval to be valid, you must follow the conditions listed in the attached certification. In
addition, you should get any other federal, state or local permits before you go ahead with your
project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and
its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Environmental Management under Section 401
of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786.
Sincerely,
eV, Jr. P.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office .
Raleigh DEM Regional Office
Mr. John Domey
Central Files
Kevin Martin; Soil and Environmental Consultants 95732.1tr
P.O.. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
244 West Millbrook Road
NCDEH&NR-DEM
Attn: Mr. John Dorney
4401 Reedy Creek Road
Raleigh, NC 27607
Consultants,
Carolina 27609 ¦ (919) 846-59000 Fax [phone]
6512 Falls of the Neue Rd., Suite 105
Raleigh, NC 27615-6846
Dear Ms. Manuele and Mr. Dorney:
The purpose of this letter is to request Nationwide Permits 14 and 18 and Section
401 Water Quality Certification for the project know as Audubon Park. The
project is located near Durham, NC (Durham County) and is bordered by
Northeast Creek on the eastern boundary and Sedwick Drive on the northern
boundary as shown on the enclosed plans and USGS Topo Quad vicinity map.
The wetland delineation is shown on the attached map.
It will be necessary to impact 0.30 acres (see map) of jurisdictional wetlands
above headwaters for placement of some of the proposed roadways.
Nationwide Permits 12 and 18. A total of 0.20 acres (see map) will be filled for a
road crossing under Nationwide Permit 14. Nationwide 18 will be utilized to
construct a single road crossing; impacts for this work would total 0.10 acres.
To expedite the reviewing process the following individual/ agencies have been
proved with a complete copy of this entire application package: US Fish and
Wildlife Service, National Marine Fisheries, NC Cultural Resources, Danny
Smith (DEM) and David Franklin (Wilmington Corps).
Please call if you have questions or require further information. If you intend to
perform a site visit please call and we will arrange for someone to accompany
you.
Sincerely,
Kevin C. Martin,
President
Soil/Site Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Environmental Audits
On-Site Waste Treatment Systems, Evaluation and Design

E •;
10
cc: (with enclosures) David Franklin, Wilmington Corps
Danny Smith, DEM Raleigh Regional Office
US Fish and Wildlife Service
National Marine Fisheries
NC Cultural Resources
Mac Gregory Development, Michael Whitehead
Note: Remainder of development not shown on the attached map was
previously delineated by S&EC and reviewed by Jean Manuele on
10/26/93 and found to contain no jurisdictional areas except for a stream
channel above headwaters which was less than 1/3 acre in total.
KCM/jmb

DEM ID: ACTION ID: _
Nationwide Permit Requested (Provide Nationwide Permit ft 14 a n rl T .R
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 [phone]
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 [phone]
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: _MacGrPapr Devlnnmpnt. and County of n,iri Am
502 E Lochmere Dr., Cary, NC 27511 4?JV Z `v'U'U" OU,
2. Owners Address: Durhaan, NC 27701
Work
3. Owners Phone Number (Hume).;. 919 / 2 3 3- 2 0 6 0 (Work): a 1 a/ 5 6 0- n n? 4
4. If Applicable: Agent's name or responsible corporate official, address, phone number.
Soil and Environmental Consultants
244 W. Millbrook Rd, Raleigh, NC 27609
919-846-5468
5. Location of Work (MUST ATTACH MAP). County: Durham
Nearest Town or City: Du rh a m
Specific Location (Include road numbers, landmarks, etc.): South of S e A w; r-k Rd- and a A; a C en t t o
west side of Northeast (-rppk (Sgt- att.a(-hind vicinitrMap)
6. Name of Closest Stream/River. Neer-thpaGt., -c n-pk.
7. River Basin: Cape Fear
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 [ ] NO [x]
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
unknown but 2 - 4 Drobably.
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
NW 14 NW 18
Filled:
Drained:
Flooded:
Excavated:
Total Impacted- 0.20 0.10
s
12. Description of proposed work (Attach PLANS-8 112" X 11" drawings only):
Construction of Access Rd
13. Purpose of proposed work: Allow access to high around in order to dPVel a= resi r9cnt i a,
subdivision
14. State reasons why the applicant believes that this activity must be carried out in wetlands., . Also, note measures
taken to minimize wetland impacts. riirrrmnt arrecc thr„ exJ St„in9 c„hdi-,ri ci nn i c not adequate
support development of 300 lot subdivision
15. You are required to contact the U.S. Fish and Wildlife Service ('JSFWS) and/or National Marine. Fisheries Service
(NMFS) regarding the presence or any Federally listed orproposed 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 [ ]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic
properties in the permit area which may be affected by the proposed project? Have you done so? YES [X ] NO [ ]
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the
delineation line.
D. If a stormwater management plan is required for this project, attach copy.
E. What is land use of surrounding property? Residen .i al or ForPGt
F. If applicable, what is proposed method of sewage disposal? Municipal
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6w n= Is Signature Date
Agent
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1 MILE

DEVELOPMENT COMPANY
AGENT AUTHORIZATION
Name:
Address:
Phone:
Project Name/Description:
. Date:
The Department of the Army
U. S. Army Corps of Engineers
Wilmington District
Wilmington, NC 28402
Attention:
Field Office:
Jean Manuele
Raleigh
To Whom It May Concern:
MacGregor Development Company
502 East Lochmere Drive
Cary, NC 27511
[phone]
Audubon Park
July 12, 1995
MacGregor Development Company as contract purchaser hereby designates and authorizes
Soil and Environmental Consultants, Inc. to act in its behalf as agent in the processing of
permit applications and furnish upon request supplemental information in support of
applications, etc., from this day forward. This the 12th day of July, 1995.
This notification supersedes any previous correspondence concerning the agent for this
project.
Michael F.
President
MFW: aew
cc: Mr. Kevin C. Martin
Soil and Environmental Consultants, Inc.
NOTE: MacGregor Development Company is the contract purchaser of the property
from several land owners under a Contract to Purchase which is specifically
for the purpose of acquiring the property and grants the right to enter upon the
property and apply for any approvals necessary for development.
502 East Lochmere Drive, Cary, North Carolina 27511 [phone] fax: [phone]
NI/Vl i/I`)`JZ Ub. 1J
b17-5bt?-1?J5l?
.PAGE 83
DURNAM
1 6 6 9
emo,wacn
Name:
Address:

Telephone:
Project Name:
Date.
IAA WLLLUIUK
AGENT AUTHORIZATION
County of Durham
Durham County CourtHouse
200 E. Main Street
Durham, NC 27701
[phone]
Audubon Park
July 12, 1995
The Department of the Army
U.S. Army Corps of Engineers
Wilmington District
Wilmington, NC 28402
Attention; Jean Manuele
Field Office: Raleigh
To Whom It May Concern:
County of Durham as owner hereby authorizes MacGregor Development Company as
contract purchaser to allow Soil and Environmental Consultants, Inc. to act in
their behalf as agent in the processing of permit applications and to furnish
upon request supplemental information in support of applications, etc., from
this day forward. This being the 12th day of July 1995.
This notification supersedes any previous correspondence concerning the agent
for this project.
Sincerely,
?%?iVC?cJ
Marvin T. Pope
Real Estate Manager
cc: Mr. Kevin C. Martin
Soil and Environmental Consultants, Inc.
Mr. Mike Whitehead
MacGregor Development Company
X15732
NIS
U.S.. ARMY CORPS OF ENGINEERS q
WILMINGTON DISTRICT F'?Ro G?
N?F?TgC S ??
Action ID. County
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
mac. W\.C\ o e` F• \/-1W'\- Mc. Me cv:e.?. Pope.,?ea? .Es o. a "Na,
Property Owner/Agent N?n-c _ Cn c n?? '? Q u A\ ?•er e.?? 4 C m? ter, o? ??? ?
Address
Telephone No. -CYC? ay,
Size and Location of project (waterbody, road name/number, town, etc.)
o0
Description of Activity
Car??SK .ar! nor OT do c P.cS c oA?. %6
? Section 404 (Clean Water Act, 33 USC 1344) only.
Section. 10 (Rivet and. Harbor Act of 1899) only.
Section 404 and Section 10: '
Regional General Permit o ationwide Permit Number.
Any violation of the conditions of the Regional General or NationwidePermit referenced above may subject the
permittee, to a stop work order,., a restoration order, ; and/or appropriate legal action.
This Department of the Army Regional General/Nationwide Permit verification does not relieve the undersigned
permittee of the responsibility to obtain any other required Federal, State„or local approvals/permits. The permittee,
may need to contact appropriate State and local agencies before beginning work
By signature below, the permittee certifies an understanding and acceptance of all terms and conditions of this
permit:
Property Owner/Authorized Agent. Signature
Regulatory Project Manager Signature
Dates .3 _\??? ?°`?
' Exp' 'on Date `
SURVEY PLATS, FIELD SKETCH,. WETLAND DELINEATION FORM; ETCMUS .BP-A MkCHED-TO
THF-YELLOW (FILE) COPY OF THIS FORM,. IF REQUIRED OR AVAILABLE •,
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CMW Form 591
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