19960562 Ver 1_COMPLETE FILE_19960607

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
I Ml."FA
T
AdIIN
ID EHNF=1
June 17, 1996
Wake County
DEM Project # 960562
APPROVAL of 401 Water Quality Certification
Mr. Robbie Swain
P.O. Box 5689
Cary, NC 27512
Dear Mr. Swain:
You have our approval to place fill material in 0.71 acres of wetlands or waters for the purpose of
constructing a residential development at Kelly Road subdivision (US 64 and Kelly Road (SR 1163)), as
you described in your application dated 6 June 1996. After reviewing your application, we have decided that
this fill is covered by General Water Quality Certification Numbers 3022, 2732 and 2671. These
certifications allow you to use Nationwide Permit Numbers 12, 14 and 26 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 Dorney at 919-733-1786.
Sincerely,
ston How r. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DEM Regional Office
Mr. John Domey
Central Files
Jamie Shern; Soil and Environmental Consultants
960562.1tr
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer - 50% recycled/100/. post consumer paper
I -
Soil & Environmental Consultants, Inc.
244 West Millbrook Road ¦ Raleigh, North Carolina 27609 ¦ [phone] ¦ Fax [phone]
96a??2
June 6, 1996 `ex
NRCD -DEM US Army Corps of Engineers -?
Attn: Mr. John Dorney Attn: Mr. Eric Alsmeyer or
PO Box 29535 6508 Falls of the Neuse Rd, Suite 120 `0
Raleigh, NC 27626 Raleigh, NC 27615 401 ISSUED %61
Dear Mr. Dorney and Mr. Alsmeyer:
The purpose of this letter is to inform you of the intent to utilize Nationwide
Permits 12, 14, and 26 to cover proposed wetland impacts from Phases I and II of
the residential development of the Kelly Road Subdivision. The project is
located in the southwest quadrant of the intersection of US Highway 64 and
Kelly Road (SR 1163); as shown on the enclosed vicinity map.
The wetland delineation has been reviewed in the field and approved by Mr.
Brandon DeRosa of the U.S. Army Corps of Engineers.
It will be necessary to impact 0.009 acres (see map) of wetlands and "waters of
the US" for placement of the proposed utilities under Nationwide 12, 0.186 acres
for proposed road crossings under Nationwide 14, and 0.514 acres for lots and
other fill under Nationwide 26. In order to minimize impacts, disturbance
within the flood plain of the unnamed tributary of Reedy Branch was avoided.
Also, lot lines were aligned with drainageways so that impacts from primary lot
construction will be minimized.
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,
w_?'
Ja ie Shern,
Wetland Scientist
cc: (with enclosures) Eric Fleek, NC DEM, Raleigh Regional Office
North Carolina Dept. of Cultural Resources
National Marine Fisheries Service
US Fish & Wildlife Service
Soil/Site Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Environmental Audits
On-Site Waste Treatment Systems, Evaluation and Design
f i
VICINITY MAP
KELLY ROAD SUBDIVISION
North
Precision Mapping, Copyright 1995,96, just Softworks Inc. Portions Copyright 1982-1996 TRIUS,Inc

DEN ID: ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #) :12,14,26
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]
JOINT FORM FOR
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH
AND NATURAL RESOURCES
4401 Reedy Creek Road
Raleigh, NC 27607
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: Robbie Swain
2. Owners Address: PO Box 5689 Cary, North Carolina 27512
3. Owners Phone Number (Phone): [phone] (FAX):
4. If Applicable: Agents name, address, phone number:
Soil and Environmental Consultants phone: [phone]
244 W. Millbrook Road
Raleigh, NC 27609 attn: Jamie Shern
5. Location of work (MUST ATTACH MAP). County: Wake
Nearest Town or city: Apex
Specific Location (Include road numbers, landmarks, etc.): The project is
located in the southwest quadrant of the intersection of US Highway 64 and Kelly Road (SR 1163); as
shown on the enclosed vicinity map.
6. Name of Closest Stream/River: Reedy Branch
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: 4.192 acres
11. Number of acres of waters of the U.S. including wetlands, impacted by the
proposed project:
NW26 NW14 NW12
Filled: 0.514 0.186 0.009
Drained:
Flooded:
Excavated:
Total Impacted: 0.514 0.186 0.009
12. Description of proposed work (Attach plan-8 1/2 % 11 drawings only):
Construction of a residential subdivision (see map).
13. Purpose of proposed work:
To provide access to upland portions of the property and install infrastructure.
14. State reasons why the applicant believes that this activity must be
carried out in wetlands. Also, note measures taken to minimize wetland
impacts.
The streams must be crossed to utilize uplands. Road crossings are all nearly at right angles to
drains. In order to minimize impacts, disturbance within the flood plain of the unamed tributary of
Reedy Branch was avoided. Also, lot lines were alligned with drainageways so that impacts from
primary lot constuction will be minimized..
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS)
and/or National Marine Fisheries Service (NMFS) regarding the presence
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 delineation line.
D. If a stormwater management plan is required for this project, attach copy.
E. What is land use of surrounding property? residential development and
agriculture.
F. If applicable, what is proposed method of sewage disposal? Sanitary sewer.
Agen s Signature Date
(See enclosed Agent Authorization Form)
09-27-1995 04:05PM
.o: 35 9198469467
` 0 BE CQMf MD BY CMUIENT rRopl.Spry C) r?
r NCI MIX JIM NS -
Name:
Addrem
Addrew
Phone:
Project Naan%e?/ drip
Date: 7ly-t)
The Deparla,ent of the Army
US. Army Corps of linghwem
Wilmington District
PO Bdx 1894
wfim %ton„ NC 284Q2
Attn: B r, aiJou A&21
Field Office.
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:

f, the current P-W21 y owner, hereby desigmte and authorize Soil, and Envirar=eAw
Consultants, Lnc. to act in my behalf as my agent in the processing of permit
applications, to furnish upor request wuppkmeAW information mi port of
applicatior s, etc. from this day forwo rd. 'Phis thea7! -- dqy of vJ?
This noti&ation supersedes arty previous correspondence concenting the, agent for this
lrolt-
1? 9?z 5
PrQR2m Owners Nome: rs t1xYp:
cc: Mr. John Dorney
N.C. Department of MA & NR
Aivision of Env, Mgt.
Water Quality Phan drq;
44M Reedy Creek Road
Rakigh, NC 27647
Mr. Xevin C. Martin
Soil and Vnvironmental Ct mnultitte., Inc.
1 919 469 4778 P.P.
TOTAL P.ri._

Pam
Delineation Performed by: Soil and Environmental Consultants, lne f-o r` ke lI y rw?
244 W. Millbrook Road
Raleigh, NC 27609 lpprld?,O
Ph: 919/846-5900
DATA FORM
ROUTINE WETLAND DETERMINATION
Applicant/ C
Investigabcm
Do Normal Circumstances exist on the site? (6e ?No
Is the site significantly disturbed
(Atypical Situation)? Yes
Is the area a potential Problem Area? Y
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Species Stratum Indicator
1 ? ercu 5 ct7 a -k ? ?-
2 (Sruti Cu 5 dl -f ra Fi'te '.?7C
3. ?<e? rr. bruwc ?_ ? ?
6. ing (r r aaw
7
?Afb CW
8. ;rila-X 47?Fo?/4l1a_ L
Manual) ??71?5
-C Dabe:ounty: L4.-
Stabe:
Community ID:
TransectID:
Plot ID:
Dominant Plant S ecies
9. V1 ?Ia
0.
11.
13.
14-
15.
16.
Stratum Indic
-?f 1l=f L
Percent of Dominant Species that are OBL, FACW or FAC
(excluding FAC-). ??
Remarks:
HYDROLOGY
Recorded Data (Describe in Remarks):
Stream, Lake, or Tide Gauge
Aerial Photographs
X Other
No Recorded Data Available
Field Observations:
Depth.Jid Surface Water.
Depth to Free Water in Pit- (in.).
Depth to Saturated Soil- `P (in.)
Wetland Hydrology Indicators:
Primary Indicators:
Inundated
Saturated in Upper 12 inches
Water Marks
Drift Lines
Sediment Deposits
Drainage Patterns in Wetlands
Secondary indicators (2 or more required):
Oxidized Root Channels in
upper 12 inches
Water-Stained Leaves
Local Soil Survey Data
FAC-Neutral Test
Other (Explain in Remarks)
Remarks:
SOILS
Map Unit Name G
(Series and Phase): "" C Q Drainage Class: So ) ?!? rl
ff (? Field Observations
Taxonomy(Subgroup): u l 1/ Confirm Mapped Type? Ye4fNs?
Profile Description
Depth Matrix Color Mottle Colors Mottle Texture, Concretions,
4(ins Horizon Munsell Moist) (Mansell Moist) Abundance/Contrast Structure etc.
14-? r
Hydric Soil Indicators:
Histosol Concretions
Histic Epipedon High Organic Content in Surface Layer in Sandy Soil
Sulfidic Odor Organic Streaking in Sandy Soils
JAquic Moisture Regime Listed on Local Hydric Soils List
Reducing Conditions Listed on National Hydric Soils List
'DL_Gleyed or Low-C:hroma Colors Other (Explain in Remarks)
Remarks:
Wetland Determination
Hydrophytic Vegetation Present? fe N o (Circle) Is this Sampling Point Within a Wetland?
Wetland Hydrology Present? s (Gird
Hydric Soils Present? <!?W No Yes(.?Io
Remarks:

Delineation Performed by: Soil and Environmental Consultants, Inc.
244 W. Millbrook Road
Raleigh, NC 27609
Ph: 919/846-5900
DATA FORM
ROUTINE WETLAND DETERMINATION
1987 C E Wetlands Delineation Manual)
Project/Site: r? F?)U 7?-. Date: 1 . 7ZYE
Applicant/ r. koi;bie
w^ h County:
Investiga r. State: C
Do Normal Circumstances exist on the sibe?(?i?e'No Community ID:
Is the site significantly disturbed
(Atypical Situation)? Yes Transect ID:
Is the area a potential Problem Area? Yejj9 Plot ID:
(If needed, explain on reverse.)
VEGETATION
Do ant Plant Species Stratum In abor
2 ?l, r«
3. ?Aw.fAywa j,l cr ?i9?? ? h rb f L W
4. Pub
-4(
5.
6. r
LAP
1 ' uCt?R?cV
7. rrax(inui
8.W
Percent of Dominant Species that are OBL, FACW or FAC
(excluding FAC-).
Dominant Plant Skies Stratum Indicator
9. A*q LAA
10. ? ` -b6L.-
12
14.
16.
Remarks:
HYDROLOGY
Recorded Data (Describe in Remarks):
Stream, Lake, or Tide Gauge
Aerial Photographs
Other
No Recorded Data Available
Field Observations:
Deptlyt?6 Surface Water.
Depth to Free Water in Pit (in.)'
Depth to Saturated SoiL- (in.)
Wetland Hydrology Indicators:
Primary Indicators:
Inundated
Saturated in Upper 12 inches
Water Marks
=Drift Lines
Sediment Deposits
Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
Oxidized Root Channels in
upper 12 inches
Water-Stained Leaves
Local Soil Survey Data
FAC-Neutral Test
Other (Explain in Remarks)
Remarks:
SOILS
Map Unit Name r
(Series and Phase): Drainage Class: C/
- '? Field Observatio
Taxonomy(Subgroup): 4Ch AAk4dd 'ftG 'qA r t Confirm Mapped Type? Y?
Profile Description
Depth Matrix Color Mottle Colors Mottle Texture, Concretions,
H " on M unsell o' t (Mansell Moist) Abundance/Contrast Structure etc.
-5t (F I&Z*4
Hydric Soil Indicators:
Histosol concretions
Histic Epipedon High Organic Content in Surface Layer in Sandy Soil
Sulfidic Odor Organic Streaking in Sandy Soils
Aquic Moisture Regime ?Lisbed on Local Hydric Soils List
Reducing Conditions Listed on National Hydric Soils List
Gleyed or Low-Chroma Colors Other (Explain in Remarks)
Remarks:
Wetland Determination
Hydrophytic Vegetation Present? No
Wetland Hydrology Present? No
Hydric Soils Present? es No
(Circle) Is this Sampling Point Within a Wetland?
cle)
Yes No
Remarks: