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HomeMy WebLinkAbout19950733 Ver 1_COMPLETE FILE_19950814State 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 A4 ? k -tool E:) FE F1 October 13, 1995 Wake County DEM Project # 95733 APPROVAL of 401 Water Quality Certification Highwoods Properties, Inc. P. O. box 95001 Raleigh, N.C. 27625 EIRE COPY Dear Sirs: You have our approval to place fill material in 0.33 acres of wetlands or waters for the purpose of constructing an office park at Capital Center Drive, as you described in your application dated 13 July 1995. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 2671. This certification allows you to use Nationwide Permit Number 26 when it is issued by the Corps of Engineers. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. For this approval to be valid, you must follow the conditions listed in the attached certification. In addition, you should get any other federal, state or local permits before you go ahead with your project. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Environmental Management under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786. Sincerely, ston Howard, Jr. P.E. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office Raleigh DEM Regional Office Mr. John Dorney Central Files Jerry McCrain; Environmental Services James Thiem, III 95733.1tr P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper ENVIRONMENTAL SERVICES, INC. 1318 DALE STREET, SUITE 220 RALEIGH. NORTH CAROLINA 27605 (919) 833-0034 September 27, 1995 Mr. John Dorney Water Quality Section, Division of Environmental Management N.C. Department of Environment, Health and Natural Resi S? RF????Fo QI99s l NT,?? S4i FNCFS 4401 Reedy Creek Road r v Raleigh, North Carolina 27607 Re: Highwoods/Capital Center Land, Cary, North Carol Dear john: On July 13, 1995, Highwoods Properties, Inc. applied for 401 Water Quality Certification for impacts to approximately 0.95 acre of Section 404 jurisdictional waters/wetlands on the above referenced property. The subject parcel is a 15.5 acre tract of undeveloped land adjacent to Capital Center Drive in Cary, North Carolina. The tract will eventually support commercial development. Environmental Services, Inc. (ESI) was retained to assist with wetland delineations and permitting. We met with you and your staff at the site on August 3 and August 14, 1995 to discuss 401 concerns. A meeting was held at your office on August 25 to address options for mitigating impacts to the tract. Since that time, site designs have been developed which will avoid a large majority of the wetlands and surface waters on the property. Impacts are now anticipated to be less than 0.33 acre. We understand that impacts less than 0.33 acre qualify for general 401 certification and that application or authorization is not required. In lieu of this reduction in impacts and compliance with general certification requirements, Highwoods Properties, Inc. would like to withdraw the original 401 Water Quality Certification request dated July 13, 1995. We would appreciate your concurrence with this procedural assessment and subsequent compliance with 401 general certification. Thank you for your cooperation in this matter. We look ffirwa:u to hearing from youu. Sincerely, ENVIRONMENTAL SERVICES, INC. Jerry McCrain, Ph.D., CEP Vice President cc: Mr. James Thiem III Mr. Randy Roberson CJGI S u.155I T-? S C w(V2 x'1.0I Qm- Y hY? Iss..?-? J 11 G oF p tx- L:-/Aea-- cym:?W,6 jvt?- a/cA--c (s ass - C9.?- 'r safe. (TV70 U ?70 ?° ?vrnrNn ? - ? I3 V/,v rv?- V&e4av-?/ rlo,? 46-1? 11 V??'i? , del U? 7? /cA Y (?/.+e?' A'N 1I Svn 6/ L WATER WALITY MANING Fax:919-715-5637 ta?Af A 11:•:rOf'11?a. DepartniiR a ` vtronment, .14ealth and ilah?W'Risources Aug 22 195 12:40 P.01/02 I :,hrhes& Hunts dlr., Gagemor ??1ooPathan EL Ho as, 5. cre,tary Reimn I Levits4 Deputy SOretoy DivlsiGn oi.Bavl cq=nUd Mu tit 1iw Quality plan* R.p_ Box 29535 Ralciii g'h, N.C. 27626-05 FAX.-(919) 715-5637 .FAX NUMBER: .FROM; ?j?du? ? - PHONE: 910 733:50 - -NO OF-PASmmume Tms SHEET. I re T fZour ??UB . ?, r a c•dZL WATER QUALITY K.AMING Fax:919-715-5637 Aug 22 195 1240 P.02/02 AaQ10Al? EffidwK*s Stm of the waMho : 260 acres P+eropata otdia:?tatbrr ed.t t isllio 15% Avmp OipOk of duo cone?t?ucted lpoo 6 fcct I?i ioamin Jpno So widt3:01 Miaimt®i+?da `siapeg:lnltba pea3:Q1 X8,3 R4a?+i?loiei, Val ?uod (far ? 4m woiom App. IW5) ? q ---i--------.......--r- e ---•----1---- 1 1 1 . ? 1 1 M. ¦ 1 • 1 M I 1 1 . /. •• - r - - .+'r -1 . .?. • . t ?•?1 1 I li 1 / / • I 1 1 ? 1 I 1 • ?i 1 1 • .? 1 1 1 -- ---? _...-- .. r?? 1 1 • I 1' 1 1 1 - ,- - - -1- - 1 - - - I - - - If - ¦ - - -,- - - - 1 - 1 1 -i 1 II- - -r' 1 """?1? 1 1 I I • If I I r?'y - 1 • 1 •? I 1 1 • . I 1 r 1 . • ¦ • I 1 1 1 1 • 1 1 • n ¦ 1 1 1 I . ¦ •? 1 1 t 1 . I 1 If / I ¦ i • .t / 1 1 I I ass as ass 1 3m li ?. ? z Z.w, m PasaDOat Fw Sim k Page 1 ENVIRONMENTAL SERVICES, INC. 1318 DALE STREET, SUITE 220 RALEIGH, NORTH CAROLINA 27605 (919) 833-0034 MEMORANDUM TO: John Dorney FROM: Jerry McCrain DATE: August 22, 1995 RE: Highwoods/Capital Center property, Cary, N.C. f O 91 <2't Fs John, HagerSmith Design has forwarded watershed information for the above referenced project to Mr. Thomas of your Division for storm water retention pond modeling. We will share the information with respect to TSS curves upon receipt. in the meantime, please hold issuance of the 401 Water Quality Certification in abeyance pending resolution of this retention basin matter with your office. Thank you. cc: Mr. Jimmy Thiem, HagerSmith 08/22/1995 09:43 919-833-0078 ESI IN I NVMCNMEffAL SERVICES, DX- 1318 DALE SOM, SUrM 220 MJUCR . NOMM CAROUNA 27605 (919)N3.Om NM40RANDUM PAGE 02 TO: John Donley FROM: Jerry McCain DA'V'E: Au" 22, 1"S RE: ff*woods/Capital -.1 Ae 1 -2! ? & k - property, Cary, N.C. John, HagerSmith Design has forwarded Thomas of your Division for stone with respect to TSS coves upon n In the meantime, please hold issua resolution of this restent im basin m Thank you. cc: Mr. rummy Thiele, hed information for the above referenced project to Mr. retention pond modeling. We will share the information of the 401 Water Quality Certification in abeyance pending r with your office. ?I? 08/22/1995 89:43 919-B33-0078 ESI PAGE 01 ENVIRONMENTAL SERVICES, INC. AND :ASTERN ENVIRONMENTAL AUDITS, INC. 1318 Dale Street, Suite 220 Raleigh, North Carolina 27605 TO: Phone: (919) 833-0034 FAX: (919) 833-0078 TOTAL PAGES: DATE: TME• . PROJECT NO.: fT0RqS:QlDL TELEFAX NO.: ` FROM: MMALGE: ff you have had d07cufti' In rrecddWw 8 this fax message, pldtase can (919) 833-0034 and request to speak to the person Ssesd belo . -Tric(CL CONTACT State of North Carolina Department of Environment, Health and Natural Resources James B. Hunt, Jr., Governor Jonathon B. Howes, Secretary Steven J. Levitas, Deputy Secretary '74 - 1:3 EHNFzI Division of Environmental Management Environmental Sciences Branch 4401 Reedy Creek Road Raleigh, N.C. 27607 FAX:(919) 733-9959 FROM:John Dorney, Ecological Assessment Group PHONE: (919)733-1786 -5 i NO. OF PAGES INCLUDING THIS SHEET: U^v )1?1 j - J",- CV MEMO DATE: TO: SUBJECT: 1 If ) From: STATfry.. V Mnr o n?., North Carolina Department of Environment, . Health, and Natural Resources g? Printed on Recycled Paper w? ?a '1 July 13, 1995 ENVIRONMENTAL SERVICES, INC. 1318 DALE STREET, SUITE 220 RALEIGH, NORTH CAROLINA 27605 (919) 833-0034 Fz+ 5;? I o Mr. John Dorney N.C. Division of Environmental Management Water Quality Section 4401 Reedy Creek Road Raleigh, North Carolina 27607 Re: Highwoods/Capital Center land, Cary, North Carolina Dear Mr. Dorney: a ? A 199,9 Highwoods Properties, Inc. is in the process of acquiring a 15.5-acre tract of undeveloped property adjacent to Capital Center Drive in Cary, North Carolina (Fig. 1). Although site planning is yet to be completed, the tract will eventually support commercial development. Environmental Services, Inc. (ESI) has been retained to investigate the site for jurisdictional waters/wetlands which may be affected by future construction activities. Most of the site is highly disturbed and currently supports successional vegetation. Successive periods of ponding and inundation caused by beaver activity have created a system in a dynamic state of flux. This is particularly apparent in the immediate vicinity of the unnamed tributary which flows through the center of the tract. Recent breaching of the beaver dam has allowed shrubs and emergent species to dominate. Typical species include tag alder (Alnus serrulata), swamp dogwood (Cornus ammomum), groundsel (Baccharis halimifolia), sedges (Scirpus cyperinus) and soft rush (Juncus effusus). This system blends with a mesic hardwood forest along northern fringes of the tract; these areas currently support canopy growth of red maple (Acer rubrum), sweet gum (Liquidambar styraciflua), and loblolly pine (Pinus taeda) along with a limited understory of shrubs and seasonal herbs or vines. There are no hydric soils on the property. Colfax sandy loam is the dominant series in the area. In spite of sporadic periods of inundation, we found no secondary indicators of long term hydrology in soil samples taken during our field investigations. Wetlands and jurisdictional areas were delineated on May 9, 1995 by ESI personnel. Our preliminary determinations were verified and approved by Mr. Eric Alsmeyer, U.S. Army Corps of Engineers (COE), on June 13, 1995. Relict, disturbed stream channels (ditched and channelized) were deemed jurisdictional. In addition, portions of areas previously subjected to inundation due to beaver activity were determined to be wetlands in spite of the fact that hydric soil conditions were not observed. This determination was based on Section F of the 1987 Wetland Delineation Manual which deals with atypical situations. Given time, we believe these s f ENVIRONMENTAL SERVICES, INC. atypical situations. Given time, we believe these areas will eventually return to a non jurisdictional status. However, based on current conditions, approximately 0.95 acre of waters/wetlands are subject to Section 404 consideration under the Clean Water Act (see attached figure). Due to the amount (0.95 acre) and type (headwater wetlands) of systems likely to be affected under a "worst case" development scenario, it has been determined that Nationwide Permit # 26 (NWP #26) will apply (33 CFR 330). This assessment has been confirmed with Mr. Eric Alsmeyer. There are no reporting requirements to the COE for impacts to less than I acre of headwater wetlands under NWP #26. However, we understand the need for 401 Water Quality Certification review by the N.C. Division of Environmental Management for impacts greater than 0.33 acre. Therefore, we are submitting nine (9) copies of this Pre-discharge Notification package for your review. By copy of this letter and application package, we are also requesting review and concurrence by COE with respect to NWP #26 conformance. We appreciate your evaluation of this project. We understand the typical review period for 401 review is approximately 45 days. It would be appreciated if you would contact us in the event that additional review time beyond this typical 45-day period is necessary. If you have any questions regarding site conditions or information contained in this submittal, please do not hesitate to give me a call. Sincerely, ENVIRONMENTAL. SERVICES, INC. C, Jerry McCrain, Ph.D., CEP Vice President cc: Dr. Wayne Wright, COE Mr. Eric Alsmeyer, COE Mr. Jimmy Thiem, HagerSmith Design r ? J a0doe?o 5 _ / 450 ?o e ve 2L i?i a Ib_ Q>? r \1 ? '-r\:S', `-^>_ •--. "'• ?;? 'I ? \ ?- ?/ ? S'.• '450 R ? ° S Ai ?I ? yO/ • ?? l2, _, - .I 400 '\.-? t i `• '???., • •`.' j ?_ / ' ? J.%`. 450 ? • Y '???4?e i ^ i `y0 •? ? ? . X131 ? y. ll• 1 ? a ',?J :q. tt j Approx. Park Area • A ?_/ / 0 1000 2000 3000 Feet Source: USGS Raleigh West Quadrangle 450 ra ? ? n ? ofL L O ? . I 21 - - 1 Environmental Figure: Services, Inc. General Location of Highwoods/ I 1318 Dale Street Capital Center Land Project: ER95010 II` Suite 220 Raleigh, Wake County, NC Raleigh, NC 27605 ! Dacc: July 1995 DEM ID: 401 ACTION ID: NATIONWIDE PERMIT APPLIED FOR (PROVIDE NATIONWIDE PERMIT 0): 26 JOINT APPLICATION FORM FOR NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO CORPS OF ENGINEERS NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL 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) 733-5083 ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT. PLEASE PRINT. 1. OWNERS NAME: _Hiahwoods ProLarties, Inc 2. OWNERS ADDRESS: P.9. Bnx 95001 Rat iah North Carolina 27625 3. OWNERS PHONE NUMBER (HOME): (WORK): (919) 872-4924 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Mr. Jimmy Thiem, V.P. Hager Smith Design P.O. Box 1308 Raleigh, North Carolina 27602 (919) 821-5547 5. LOCATION OF PLANNED WORK (ATTACH MAP). COUNTY: Wake NEAREST TOWN OR CITY: Cary SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): Capital Center Drive adjacent to Jones Franklin Road and I-440 6. NAME OF CLOSEST STREAM/RIVER: Lake Johnson 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 [ J NO [X) IF YES, EXPLAIN. 10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, LOCATED ON PROJECT SITE: A_9S 3/30/92 -2- 11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY THE PROPOSED PROJECTS FILLED: DRAINED: FLOODED: EXCAVATED: TOTAL IMPACTED: 0_25 ("worst rase" 12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): nffir•P Park (final planning not rnmpl PtPrd ) 13. PURPOSE OF PROPOSED WORK: r-n=Prr•ial rdPVPlnrxnent 14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS. Disturbed waters/wet-lands, occupy central portions c)f the sit Site is currently unuseahle without wetland encroachment Strict sediment and erosion control s wi 1 1 he u,;Q d during construr-t i on Stream flow will be maintained through careful placement of culverts. 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 V{)* NO ( ) RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS. *Species list requested and reviewed 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 I J 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? commercial and residential F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? N/A g +l. OWNER'S SIGNATURE DATE AUG 8 i v 63 *S?Ilz r-35 0 s U v a C) 5 L ?r? Highwood properties - Capital Center Land Commercial Fill Wake County Applicant proposes to fill all 0.95 acres of wetlands on site. No preliminary design plans were available (consultant did not know what was to be built) and no plans or efforts had been taken to address any respective stormwater issues. This site is a old breached pond which beavers continued to inundate. Currently, as per the consultant, the both the manmade dam and the beaver dam are breached. Without additional information, this 401 certification. Danny detail with you. the RRO recommends denial of AM- Smith will discuss this matter in ` WETLAND R? F1NG 0RKSHEET :?urtr vcrs?on Project nam Countyy? Name of evaluator S Wetlandlocation etl Nearest road 41__e &I fo b- X5.115:14 4 area/1. 2_5 acres _Wetland width f ? feet `l mate ,.3 4'; "23 impervious surface 'o S Dominant vegetation Soil series . (2) piedornin;antly organic - hLIMLIS; t mu or peat Ll predominantly r n iiQn-sandy predominantly sandy Flooding, and wetness semipermanent?y to Pyrrrzar ently Hydraulic factors flooded or Jnutdated seasonally` "flooded ,or inundated intermittantly: flooded ` or temporary [1 steep topography ditched or: channelized surface water total wetland,-,width >100 feet ? no evidence of` flooding or surface water Wetland type (select one)* ? Bottomland hardwood forest ? Pine savanna Headwater forest ? Freshwater marsh El Swamp forest C3 Bog/fen ? Wet flat ? Ephemeral wetland ? Pocosin ? Carolina Bay ? Bog forest [I Other *The rating system cannot be applied to salt or brackish marshes or stream channels n weight I? Water storage x 4.00 =- % 5 ? Wetland Score G,\ Bank/Shoreline stabilization x 4.00 Pollutant removal * x 5.00 T Wildlife habitat x 2.00 Aquatic life value Z x 4.00 = Recreation/Education ? x 1.00 = Add 1 point if in sensitive watershed and > 10% nonpoint disturbance within 1 /2 mile upstream, upslope, or radius , 57 '757-33 ENVIRONMENTAL SERVICES, INC. 1318 DALE STREET, SUITE 220 RALEIGH, NORTH CAROLINA 27605 (919) 833-0034 July 13, 1995 Mr. John Dorney N.C. Division of Environmental Management Water Quality Section 4401 Reedy Creek Road Raleigh, North Carolina 27607 Re: Highwoods/Capital Center land, Cary, North Carolina Dear Mr. Dorney: Highwoods Properties, Inc. is in the process of acquiring a 15.5-acre tract of undeveloped property adjacent to Capital Center Drive in Cary, North Carolina (Fig. 1). Although site planning is yet to be completed, the tract will eventually support commercial development. Environmental Services, Inc. (ESI) has been retained to investigate the site for jurisdictional waters/wetlands which may be affected by future construction activities. Most of the site is highly disturbed and currently supports successional vegetation. Successive periods of ponding and inundation caused by beaver activity have created a system in a dynamic state of flux. This is particularly apparent in the immediate vicinity of the unnamed tributary which flows through the center of the tract. Recent breaching of the beaver dam has allowed shrubs and emergent species to dominate. Typical species include tag alder (Alnus serrulata), swamp dogwood (Corpus ammomum), groundsel (Baccharis halimifolia), sedges (Scirpus cyperinus) and soft rush (Juncus effusus). This system blends with a mesic hardwood forest along northern fringes of the tract; these areas currently support canopy growth of red maple (Acer rubrum), sweet gum (Liquidambar styraciflua), and loblolly pine (Pinus taeda) along with a limited understory of shrubs and seasonal herbs or vines. There are no hydric soils on the property. Colfax sandy loam is the dominant series in the area. In spite of sporadic periods of inundation, we found no secondary indicators of long term hydrology in soil samples taken during our field investigations. Wetlands and jurisdictional areas were delineated on May 9, 1995 by ESI personnel. Our preliminary determinations were verified and approved by Mr. Eric Alsmeyer, U.S. Army Corps of Engineers (COE), on June 13, 1995. Relict, disturbed stream channels (ditched and channelized) were deemed jurisdictional. In addition, portions of areas previously subjected to inundation due to beaver activity were determined to be wetlands in spite of the fact that hydric soil conditions were not observed. This determination was based on Section F of the 1987 Wetland Delineation Manual which deals with atypical situations. Given time, we believe these ENVIRONMENTAL SERVICES, INC. atypical situations. Given time, we believe these areas will eventually return to a non jurisdictional status. However, based on current conditions, approximately 0.95 acre of waters/wetlands are subject to Section 404 consideration under the Clean Water Act (see attached figure). Due to the amount (0.95 acre) and type (headwater wetlands) of systems likely to be affected under a "worst case" development scenario, it has been determined that Nationwide Permit # 26 (NWP #26) will apply (33 CFR 330). This assessment has been confirmed with Mr. Eric Alsmeyer. There are no reporting requirements to the COE for impacts to less than 1 acre of headwater wetlands under NWP #26. However, we understand the need for 401 Water Quality Certification review by the N.C. Division of Environmental Management for impacts greater than 0.33 acre. Therefore, we are submitting nine (9) copies of this Pre-discharge Notification package for your review. By copy of this letter and application package, we are also requesting review and concurrence by COE with respect to NWP #26 conformance. We appreciate your evaluation of this project. We understand the typical review period for 401 review is approximately 45 days. It would be appreciated if you would contact us in the event that additional review time beyond this typical 45-day period is necessary. If you have any questions regarding site conditions or information contained in this submittal, please do not hesitate to give me a call. Sincerely, ENVIRONMENTAL. SERVICES, INC. Jerry McCrain, Ph.D., CEP Vice President cc: Dr. Wayne Wright, COE Mr. Eric Alsmeyer, COE Mr. Jimmy Thiem, HagerSmith Design DEM ID: 401 ACTION ID: NATIONWIDE PERMIT APPLIED FOR (PROVIDE NATIONWIDE PERMIT 0): 26 JOINT APPLICATION FORA FOR NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO CORPS OF ENGINEERS NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL 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) 733-5083 ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT. PLEASE PRINT. 1. OWNERS NAME: _Hiahwcxx3s Properties. Inc. 2. OWNERS ADDRESS: P.O. Box 95001 gal ;ah North Carolina 27625 3. OWNERS PHONE NUMBER (HOME): (WORK): (919) 872-4924 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Mr. Jimmy Thiem, V.P. Hager Smith Design P.O. Box 1308 Raleigh, North Carolina 27602 (919) 821-5547 5. LOCATION OF PLANNED WORK (ATTACH MAP). COUNTY: Wake NEAREST TOWN OR CITY: Cary SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): Capital Center Drive adjacent to Jones Franklin Road and I-440 6. NAME OF CLOSEST STREAM/RIVER: Lake Johnson 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 [?C ) 9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [ J NO [X) IF YES, EXPLAIN. 10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, LOCATED ON PROJECT SITE: n_A5 3/30/92 -2- 11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY Ail THE PROPOSED PROJECT: FILLED: DRAINED: FLOODED: EXCAVATED: TOTAL IMPACTED: _0.95 ("worst C-ase") 12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): of fir-rte park (final planning not rmmplptacd) 13. PURPOSE OF PROPOSED WORK: r•nmmprri a 1 r1Pyc-1 nment 14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS. Disturbed waters/wetlands occupy central portions of the site Site is currently unuseah_1e without wetland encrnachman+ strict _sediment and erosion controls will be usad during construction - Stream flow will be maintained through careful placement of culverts. 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 p{]* NO [ ] RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS. *Species list requested and reviewed 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? commercial and residential F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? N/A OWNER'S SIGNATURE DATE 95733 ENVIRONMENTAL SERVICES, INC. 1318 DALE STREET, SUITE 220 RALEIGH, NORTH CAROLINA 27605 (919) 833-0034 July 13, 1995 Mr. John Dorney N.C. Division of Environmental Management Water Quality Section 4401 Reedy Creek Road Raleigh, North Carolina 27607 Re: Highwoods/Capital Center land, Cary, North Carolina Dear Mr. Dorney: Highwoods Properties, Inc. is in the process of acquiring a 15.5-acre tract of undeveloped property adjacent to Capital Center Drive in Cary, North Carolina (Fig. 1). Although site planning is yet to be completed, the tract will eventually support commercial development. Environmental Services, Inc. (ESI) has been retained to investigate the site for jurisdictional waters/wetlands which may be affected by future construction activities. Most of the site is highly disturbed and currently supports successional vegetation. Successive periods of ponding and inundation caused by beaver activity have created a system in a dynamic state of flux. This is particularly apparent in the immediate vicinity of the unnamed tributary which flows through the center of the tract. Recent breaching of the beaver dam has allowed shrubs and emergent species to dominate. Typical species include tag alder (Alnus serrulata), swamp dogwood (Cornus ammomum), groundsel (Baccharis halimifolia), sedges (Scirpus cyperinus) and soft rush (Juncus effusus). This system blends with a mesic hardwood forest along northern fringes of the tract; these areas currently support canopy growth of red maple (Ater rubrum), sweet gum (Liquidambar styraciflua), and loblolly pine (Pinus taeda) along with a limited understory of shrubs and seasonal herbs or vines. There are no hydric soils on the property. Colfax sandy loam is the dominant series in the area. In spite of sporadic periods of inundation, we found no secondary indicators of long term hydrology in soil samples taken during our field investigations. Wetlands and jurisdictional areas were delineated on May 9, 1995 by ESI personnel. Our preliminary determinations were verified and approved by Mr. Eric Alsmeyer, U.S. Army Corps of Engineers (COE), on June 13, 1995. Relict, disturbed stream channels (ditched and channelized) were deemed jurisdictional. In addition, portions of areas previously subjected to inundation due to beaver activity were determined to be wetlands in spite of the fact that hydric soil conditions were not observed. This determination was based on Section F of the 1987 Wetland Delineation Manual which deals with atypical situations. Given time, we believe these ENVIRONMENTAL SERVICES, INC. atypical situations. Given time, we believe these areas will eventually return to a non jurisdictional status. However, based on current conditions, approximately 0.95 acre of waters/wetlands are subject to Section 404 consideration under the Clean Water Act (see attached figure). Due to the amount (0.95 acre) and type (headwater wetlands) of systems likely to be affected under a "worst case" development scenario, it has been determined that Nationwide Permit # 26 (NWP #26) will apply (33 CFR 330). This assessment has been confirmed with Mr. Eric Alsmeyer. There are no reporting requirements to the COE for impacts to less than 1 acre of headwater wetlands under NWP #26. However, we understand the need for 401 Water Quality Certification review by the N.C. Division of Environmental Management for impacts greater than 0.33 acre. Therefore, we are submitting nine (9) copies of this Pre-discharge Notification package for your review. By copy of this letter and application package, we are also requesting review and concurrence by COE with respect to NWP #26 conformance. We appreciate your evaluation of this project. We understand the typical review period for 401 review is approximately 45 days. It would be appreciated if you would contact us in the event that additional review time beyond this typical 45-day period is necessary. If you have any questions regarding site conditions or information contained in this submittal, please do not hesitate to give me a call. Sincerely, ENVIRONMENTAL. SERVICES, INC. Jerry McCrain, Ph.D., CEP Vice President cc: Dr. Wayne Wright, COE Mr. Eric Alsmeyer, COE Mr. Jimmy Thiem, HagerSmith Design i •F` • • icy---`__ ? ;, . - • -_ - •"`. \ 1 12 /? _._?_ 1315 ?(?? ? ?? •?' - r - - • ` ? ? • s - __ ? ?0, ? .:"rte . /it ? '1 ••• \ 1 '?••• ? -- -- ?? `??i J - 0-11 I / a 54 ? ?Y 'j01l It B 0 n s Approx. Park Area _ \ 0 1000 2000 _ 30D O Feet 4? r ?o •• Ilr Source: USGS Raleigh West Quadrangle 1 Environmental Figure: Services, Inc. General Location of Highwoods/ 1318 Dale Street Capital Center Land Project: ER95010 Suite 220 Raleigh, Wake County, NC Ralelgh, NC 27605 A Dale: July 1995 DEM ID: 401 ACTION ID: NATIONWIDE PERMIT APPLIED FOR (PROVIDE NATIONWIDE PERMIT #`): 26 JOINT APPLICATION FORM FOR NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO CORPS OF ENGINEERS NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, HEALTH, P.O. BOX 1890 AND NATURAL RESOURCES WILMINGTON, NC 28402-1890 P.O. BOX 29535 ATTN: CESAW-CO-E RALEIGH, NC 27626-0535 Telephone (919) 251-4511 ATTN: MR. JOHN DORNEY Telephone (919) 733-5083 ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT. PLEASE PRINT. 1. OWNERS NAME: HighWQQdg P oLa i s, Inc 2. OWNERS ADDRESS: P.O. Box 99001 Ral iah North Carolina 27625 c i 3. OWNERS PHONE NUMBER (HOME): (WORK): (919) 872-4924 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Mr. Jimmy Thiem, V.P. Hager Smith Design P.O. Box 1308 Raleigh, North Carolina 27602 (919) 821-5547 5. LOCATION OF PLANNED WORK (ATTACH MAP). COUNTY: Wake NEAREST TOWN OR CITY: Cary SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): Capital Center Drive adjacent to Jones Franklin Road and I-440 6. NAME OF CLOSEST STREAM/RIVER: Lake Johnson 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 [ J NO [X) IF YES, EXPLAIN. 10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, LOCATED ON PROJECT SITE: n_gs 3/30/92 -2- 11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY THE PROPOSED PROJECT: FILLED: DRAINED: FLOODED: EXCAVATED: TOTAL IMPACTED: 0.95 ("wor-st .c-lase" ) 12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): Offic-P Park (final planning not cmmplPtPd) 13. PURPOSE OF PROPOSED WORK: cnmmerr•ial rlPVe1nrlnent- 14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS. Disturbed waters/wetlands occupy central pp ions of the-site- Site is currently unuseahle without wetland enrrnarhmpnt Strict sediment and erosion controls will he uCpd during construction Stream flow will be maintained through careful placement of culverts. 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 JX ]* NO ( ] RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS. *Species list requested and reviewed 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? commercial and residential F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? N/A '7?.?-L-.O OWNER'S SIGNATURE DATE ENVIRONMENTAL SERVICES, INC. " SOUTHEASTERN ENVIRONMENTAL AUDITS, INC. 1318 Dale Street Suite 220 Raleigh, North Carolina 27605 Phone: (919) 833-0034 FAX: (919) 833-0078 TO Ok /j, DATE JOB NO ATTI ENTIO RE /5 L WE ARE SENDING YOU J Attached Ll Under separate cover via the following items: LJ Shop drawings Ll Prints LI Plans Ll Samples Ll Specifications LJ Copy of letter LJ Change order G COPIES DATE NO DESCRIPTION i THESE ARE TRANSMITTED as checked below: or approval LJ Approved as submitted LJ Resubmit copies for approval `LJ For your use LJ Approved as noted LJ Submit copies for distribution Ll As requested LJ Returned for corrections LJ Return _ corrected prints LJ For review and comment Ll LJ FOR BIDS DUE 19 _ Ll PRINTS RETURPtltDFTER LOAN TO US r REMARKS ?r TFM694TRANS '15 7,13 ENVIRONMENTAL SERVICES, INC. 1318 DALE STREET, SUITE 220 RALEIGH, NORTH CAROLINA 27605 (919) 833-0034 July 13, 1995 Mr. John Dorney N.C. Division of Environmental Management Water Quality Section 4401 Reedy Creek Road Raleigh, North Carolina 27607 Re: Highwoods/Capital Center land, Cary, North Carolina Dear Mr. Dorney: e 4 i9??5 Highwoods Properties, Inc. is in the process of acquiring a 15.5-acre tract of undeveloped property adjacent to Capital Center Drive in Cary, North Carolina (Fig. 1). Although site planning is yet to be completed, the tract will eventually support commercial development. Environmental Services, Inc. (ESI) has been retained to investigate the site for jurisdictional waters/wetlands which may be affected by future construction activities. Most of the site is highly disturbed and currently supports successional vegetation. Successive periods of ponding and inundation caused by beaver activity have created a system in a dynamic state of flux. This is particularly apparent in the immediate vicinity of the unnamed tributary which flows through the center of the tract. Recent breaching of the beaver dam has allowed shrubs and emergent species to dominate. Typical species include tag alder (Alnus serrulata), swamp dogwood (Corpus ammomum), groundsel (Baccharis halimifolia), sedges (&irpus cyperinus) and soft rush (Juncus effusus). This system blends with a mesic hardwood forest along northern fringes of the tract; these areas currently support canopy growth of red maple (Ater rubrum), sweet gum (Liquidambar styraciflua), and loblolly pine (Pinus taeda) along with a limited understory of shrubs and seasonal herbs of vines. There are no hydric soils on the property. Colfax sandy loam is the dominant series in the area. In spite of sporadic periods of inundation, we found no secondary indicators of long term hydrology in soil samples taken during our field investigations. Wetlands and jurisdictional areas were delineated on May 9, 1995 by ESI personnel. Our preliminary determinations were verified and approved by Mr. Eric Alsmeyer, U.S. Army Corps of Engineers (COE), on June 13, 1995. Relict, disturbed stream channels (ditched and channelized) were deemed jurisdictional. In addition, portions of areas previously subjected to inundation due to beaver activity were determined to be wetlands in spite of the fact that hydric soil conditions were not observed. This determination was based on Section F of the 1987 Wetland Delineation Manual which deals with atypical situations. Given time, we believe these ENVIRONMENTAL SERVICES, INC. atypical situations. Given time, we believe these areas will eventually return to a non jurisdictional status. However, based on current conditions, approximately 0.95 acre of waters/wetlands are subject to Section 404 consideration under the Clean Water Act (see attached figure). Due to the amount (0.95 acre) and type (headwater wetlands) of systems likely to be affected under a "worst case" development scenario, it has been determined that Nationwide Permit # 26 (NWP #26) will apply (33 CFR 330). This assessment has been confirmed with Mr. Eric Alsmeyer. There are no reporting requirements to the COE for impacts to less than 1 acre of headwater wetlands under NWP #26. However, we understand the need for 401 Water Quality Certification review by the N.C. Division of Environmental Management for impacts greater than 0.33 acre. Therefore, we are submitting nine (9) copies of this Pre-discharge Notification package for your review. By copy of this letter and application package, we are also requesting review and concurrence by COE with respect to NWP #26 conformance. We appreciate your evaluation of this project. We understand the typical review period for 401 review is approximately 45 days. It would be appreciated if you would contact us in the event that additional review time beyond this typical 45-day period is necessary. If you have any questions regarding site conditions or information contained in this submittal, please do not hesitate to give me a call. Sincerely, ENVIRONMENTAL. SERVICES, INC. C Jerry McCrain, Ph.D., CEP Vice President cc: Dr. Wayne Wright, COE Mr. Eric Alsmeyer, COE Mr. Jimmy Thiem, HagerSmith Design � 1 t adlo Pa s 1{ \ 11 J( o W KtX �? <so 1 ��` ij a i 1' 0 k C c e vele •;`,2 J r 4 _ —__ � o / �B1(( � �//G;; 47 T�x 1 { 4��-R0 11I ! i� •�c� �; i _ \� �. �•\ / .' � it �'` A84 L YY 0 N /i e `- J✓ : 0 q N a5 J (6k� � v��• /d U , , � 0 /1,11 8 U 16 2 �\ A• \\,� / / I I` ( , n Approx. Park Area 1000 2000 3000 Feet _ Source: USOS Raleigh West Quad rangle Figure: 1 - Environmental Services, Inc General Location of Highwoods/ 1318 Dale Street Capital Center Land Project: ER95010 Suite 220 Raleigh, Wake County, NC Raleigh, NC 27605 Date: July 1995 DEM ID: 401 ACTION ID: NATIONWIDE PERMIT APPLIED FOR (PROVIDE NATIONWIDE PERMIT 26 JOINT APPLICATION FORK FOR NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO CORPS OF ENGINEERS NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL 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 3ALEIGH, NC 27626-0535 ATTN: MR. JOHN DORNEY Telephone (919) 733-5083 ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT. PLEASE PRINT. 1. OWNERS NAME: Hiohwoods P o ie , Inc. 2. OWNERS ADDRESS: P_0_ Box 95001 Ral iah North Carolina 27625 G i 3. OWNERS PHONE NUMBER (HOME): (WORK): (919) 872-4924 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Mr. Jimmv Thiem. V.P. Hager Smith Design P.O. Box 1308 Raleigh, North Carolina 27602 (919) 821-5547 5. LOCATION OF PLANNED WORK (ATTACH MAP). COUNTY: Wake NEAREST TOWN OR CITY: Cary SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): Coital Center Drive adjacent to Jones Franklin Road and I-440 6. NAME OF CLOSEST STREAM/RIVER: Lake Johnson 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 ( ) NO [X) IF YES, EXPLAIN. 10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, LOCATED ON PROJECT SITE: (]_95 3/30/92 -2- 11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY el, THE PROPOSED PROJECT: FILLED: DRAINED: FLOODED: EXCAVATED: TOTAL IMPACTED: 0 _ C) ( "wnrit c-, a-.9 e" ) 12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): nffine park (final planning not ccxnp1 eterl ) 13. PURPOSE OF PROPOSED WORK: r onimerr•i a 1 devel nMr-nt 14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS. Disturbed waters /w.e lands occupy r ntral portions of h Site Site is currently unuseahle without wetland encroachment- Strict sediment and erosion controls will used during construction Stream flow will be maintained through careful placement of culverts. 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 ( ) RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS. *Species list requested and reviewed 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 (K) NO ( ) RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS. 17. ADDITIONAL INFORMATION REQUIRED BY DEN: 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? commercial and residential F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? N/A OWNER'S SIGNATURE DATE r 95733 ENVIRONMENTAL SERVICES, INC. 1318 DALE STREET, SUITE 220 RALEIGH. NORTH CAROLINA 27605 (919) 833-0034 July 13, 1995 Mr. John Dorney N.C. Division of Environmental Management Water Quality Section 4401 Reedy Creek Road Raleigh, North Carolina 27607 W r" ri9i 7, Re: Highwoods/Capital Center land, Cary, North Carolina Dear Mr. Dorney: Highwoods Properties, Inc. is in the process of acquiring a 15.5-acre tract of undeveloped property adjacent to Capital Center Drive in Cary, North Carolina (Fig. 1). Although site planning is yet to be completed, the tract will eventually support commercial development. Environmental Services, Inc. (ESI) has been retained to investigate the site for jurisdictional waters/wetlands which may be affected by future construction activities. Most of the site is highly disturbed and currently supports successional vegetation. Successive periods of ponding and inundation caused by beaver activity have created a system in a dynamic state of flux. This is particularly apparent in the immediate vicinity of the unnamed tributary which flows through the center of the tract. Recent breaching of the beaver dam has allowed shrubs and emergent species to dominate. Typical species include tag alder (Alnus serrulata), swamp dogwood (Corpus ammomum), groundsel (Baccharis halimifolia), sedges (Scirpus cyperinus) and soft rush (Juncus effusus). This system blends with a mesic hardwood forest along northern fringes of the tract; these areas currently support canopy growth of red maple (Acer rubrum), sweet gum (Liquidambar styraciflua), and loblolly pine (Pinus taeda) along with a limited understory of shrubs and seasonal herbs or vines. There are no hydric soils on the property. Colfax sandy loam is the dominant series in the area. In spite of sporadic periods of inundation, we found no secondary indicators of long term hydrology in soil samples taken during our field investigations. Wetlands and jurisdictional areas were delineated on May 9, 1995 by ESI personnel. Our preliminary determinations were verified and approved by Mr. Eric Alsmeyer, U.S. Army Corps of Engineers (COE), on June 13, 1995. Relict, disturbed stream channels (ditched and channelized) were deemed jurisdictional. In addition, portions of areas previously subjected to inundation due to beaver activity were determined to be wetlands in spite of the fact that hydric soil conditions were not observed. This determination was based on Section F of the 1987 Wetland Delineation Manual which deals with atypical situations. Given time, we believe these ENVIRONMENTAL SERVICES, INC. atypical situations. Given time, we believe these areas will eventually return to a non jurisdictional status. However, based on current conditions, approximately 0.95 acre of waters/wetlands are subject to Section 404 consideration under the Clean Water Act (see attached figure). Due to the amount (0.95 acre) and type (headwater wetlands) of systems likely to be affected under a "worst case" development scenario, it has been determined that Nationwide Permit # 26 (NWP #26) will apply (33 CFR 330). This assessment has been confirmed with Mr. Eric Alsmeyer. There are no reporting requirements to the COE for impacts to less than 1 acre of headwater wetlands under NWP #26. However, we understand the need for 401 Water Quality Certification review by the N.C. Division of Environmental Management for impacts greater than 0.33 acre. Therefore, we are submitting nine (9) copies of this Pre-discharge Notification package for your review. By copy of this letter and application package, we are also requesting review and concurrence by COE with respect to NWP #26 conformance. We appreciate your evaluation of this project. We understand the typical review period for 401 review is approximately 45 days. It would be appreciated if you would contact us in the event that additional review time beyond this typical 45-day period is necessary. If you have any questions regarding site conditions or information contained in this submittal, please do not hesitate to give me a call. Sincerely, ENVIRONMENTAL. SERVICES, INC. Jerry McCrain, Ph.D., CEP Vice President cc: Dr. Wayne Wright, COE Mr. Eric Alsmeyer, COE Mr. Jimmy Thiem, HagerSmith Design I 450 ? i'-/ ? ? ? ° e t ve _ a •I an?r r •Q / - 1315 •1 ? , p iL I ?\ ? ?- ?/ i ?/p?/I .' r .v \ ,I•. •?? P 111 u 'rohn8on 345 b ?.. a p \? I I' Approx. Park Area `\> C1 / 0 _ 1000 2000 3000 Feet 450 ? ? Source: USOS Raleigh West quadrangle it Figure: 1 Environmental Services, Inc. General Location of Highwoods/ 1318 Dale Street Capital Center Land Project: ER95010 Suite 220 Raleigh, Wake County, NC Raleigh, NC 27605 Datc: July 1995 DEM ID: 401 ACTION ID: NATIONWIDE PERMIT APPLIED FOR (PROVIDE NATIONWIDE PERMIT 0): 26 JOINT APPLICATION FORM FOR NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO CORPS OF ENGINEERS NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL 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) 733-5083 ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT. PLEASE PRINT. 1. OWNERS NAME: TIiahwQQds Properties InC 2. OWNERS ADDRESS: P_0. Box 95001 Ral iah North Carolina 27625 3. OWNERS PHONE NUMBER (HOME): (WORK): (919) 872-4924 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Mr. Jimmy Thiem, V.P. Hager Smith Design P.O. Box 1308 Raleigh, North Carolina 27602 (919) 821-5547 5. LOCATION OF PLANNED WORK (ATTACH MAP). COUNTY: Wake NEAREST TOWN OR CITY: Cary SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): Capital Center Drive adjacent to Jones Franklin Road and I-440 6. NAME OF CLOSEST STREAM/RIVER: Lake Johnson 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 [ J NO [X) IF YES, EXPLAIN. 10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, LOCATED ON PROJECT SITE: (1.9, 3/30/92 -2- 11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY THE PROPOSED PROJECT: FILLED: DRAINED: FLOODED: EXCAVATED: TOTAL IMPACTED: _0_99 ("wnrst case") 12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): nffire park (final planning not rnmpleterl) 13. PURPOSE OF PROPOSED WORK: rnmmerrial develnoment 14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS. Disturbed waters/wetlands occupy central portions of h site Site is currently unuseahle without wetland encroachment, Strict sediment and erosion controls will he „sud during cons rur+-inn, Stream flow will be maintained through careful placement of culverts. 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 JXJ* NO ( ) RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS. *Species list requested and reviewed 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 IX] 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? commercial and residential F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? N/A OWNER'S SIGNATURE DATE JUL!G 2 19t.S. ARMY CORPS OF ENGINEERS 33 WILMINGTON DISTRICT VVATER Q(iiaii i" ction ID. IS? `1sU? County kw( t GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner/Agent h (1h L(6 f PVR& ?J , I ry AWn - _ 1 I mmOAW 01. NP Address Ka c a III fA ?'? to ?S -E1111 Telephone No. ( I 'l 0 ) Size and Location of project (waterbody, road name/nu ber, town, etc.) (kol uni + I o nP i T an!C I n_ Ru u M d I- ply 1). w Description of Acti nod -ro-t o,+ itic?l i?rnPu N .°IS a cV of Section 404 (Clean Water Act, 33 USC 1344) only. Section 10 (River and Harbor Act of 1899) only. Section 404 and Section 10. J Regional General Permit or Nationwide Permit Number. Any violation of the conditions of the Regional General or Nationwide Permit referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal action. This Department of the Army Regional General/Nationwide Permit verification does not relieve the undersigned permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. By signature below, the permittee certifies an understanding and acceptance of all terms and conditions of this permit. Property Owner/Authorized Agent Signature Regulatory Project Manager Signature Date 3u a?, 199 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. CF : A-iv?c an dcu' S m rfh gsx nDm nt ,NcD -R?I Jim t Car -`? utarrcn tin o y , x;993°"" 6m N #' eau.0A fn _ Jit Chh Ze-avbs