HomeMy WebLinkAbout19990996 Ver 1_Complete File_19990921State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
1 • •
- - ;k 2
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
September 21, 1999
Wake County
DWQ Project # 990996
APPROVAL OF 401Quality Certification and ADDITIONAL CONDITIONS and Neuse River Buffer Rules
Robert Stafford, Manager
Parkside Village
780-A NW Broad Street
Southern Pines, NC 28387
Dear Mr. Stafford:
You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 0.67 acres
of wetlands and 96 feet of streams for the purpose of constructing a sewer line and road crossing at Parkside Village subdivision
Phase I, as you described in your application dated August 12, 1999. After reviewing your application, we have decided that this
fill is covered by General Water Quality Certification Numbers 3101 and 3103. This certification allows you to use Nationwide
Permit Numbers 12 and 14 when the Corps of Engineers issues them. This approval is also valid for the Neuse River buffer rules
(15A NCAC 2B .033). In addition, you should get any other federal, state or local permits before you go ahead with your project
including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed
regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the
General Certification.
This approval is only valid for the purpose and design that you described in your application except as modified below. If
you change your project, you must notify us and you may be required to send us a new application.. If the property is sold. the
new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all
conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required
as described in 15A NCAC 2H.0506 (h) (6) and (7). This approval shall expire when the corresponding Nationwide Permit
expires or as otherwise provided in the General Certification. For this approval to be valid, you must follow the conditions listed
in the attached certification and any additional conditions listed below.
1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or
areas within 50 feet of all streams and ponds to notify the state in order to assure compliance for future wetland and/or water
impact. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit
(whichever is later).
2. An additional condition is that stormwater shall be directed to sheetflow at nonerosive velocities
through the protected stream buffers.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act
within W&ys 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 Water Quality under Section 401 of the Clean Water Act. If you have any
questions, please telephone John Domey at 919-733-9646.
Ptevens
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
File Copy
Central Files
Todd St. John
Raleigh Division of Land Resources
990996.1tr
Division of Water Quality - Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer - 50% recycled/10% post consumer paper
http://h2o.enr.state.nc.us/wetlandc.htmi
John Wiley.Johnson. P.E.
Consulting P.E. Engineer Phone: (919) 78:3 5312
4612 Gunston Placc FAX (919) 783 9225
JOL1i1 ?V ?PV TOllI1 Raleigh, NC 27612-3948 email: JohnWileyJohnson@email.msn.com
Thursday, August 12, 1999
Mr. Todd Tugwell 1;.
US Army Corps of Engineers
6508 Falls of the Neuse Rd., Suite 120
Raleigh NC 27615-6846
Subject: Pre Construction Notification
Parkside Village Subdivision
Town of Holly Springs, NC
Dear Mr. Tugwell:
Pursuant to our telephone conversation, we have prepared the Pre Construction Notification Application
for the required Nationwide Permits No. 12 and No. 14 and are enclosing the original and one (1) copy for
your review.
We trust that you will find the enclosed items to be in order. If you should have any questions or require
additional information, please let us know.
Very truly yours,
John Wiley Johnson, P.E.
Enclosures
c w/encl: Mr. John Dorney
Mr. Robert Stafford
Q CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #) -?/?
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFCATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (I) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). + VE
f7) COPIES MUST BE SENT TO THE NC DIVISION OF WATER
QUALITY, ATTN: JOHN DORNEY, 4401 REEDY CREEK ROAD,
RALEIGH, NC 27607. P EASE PRINT OR TYPE.
L OWNER'S NAME: Parkside Village, LLC
2. NL41LJNGADDRESS: 780-A N.W. Broad Street Southern Pines NC 28387
SUBDIVISION NAME Parkside Village Subdivision
CTTY: STATE: ZIP CODE:
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE):
Parkside Village Subdivision, Grigsby Avenue, Holly Springs, Wake County, NC
3. TELEPHONE NUMBER: (HOME)
(WORK)
4. IF APPLICABLE. AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: Mr. Robert R. Stafford, Manager
Parkside Village, LLC 780-A N.W. Broad Street Southern Pines NC 28387
910 692 9808
s. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Wake
- NEAREST TOWN: Holly Springs
Y•
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.)
West side of Grigsby Avenue( SR 1395) 0.2 miles south of Stinson Avenue in Holly Springs
6. ARPACTED OR NZAR M STREAMIRIVML. Unnamed tributary to Basal Creek
RIVER BASIN Neuse River
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURSE WATERS (ORW), WATER
SUPPLY (WS-1 OR WS-II)? YES ( ) NO ( X ) IF YES. EXPLAIN:
7b. IS THE PROJECT LOCATED W MEN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIROMENTAL CONCERN (AEC)? YES ( ) NO ( X )
7c. IF THE PROJECT IS LOCATED W l HIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF
COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
N/A
8a, HAVE ANY SKMON 444 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROJECT? YES ( ) NO (X ) IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS
PERMIT AND ANY ADDITIONAL WFORMATION (INCLUDE PHOTOCOPY OF 401
CERTYI:ICATION):
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES ( j NO ( X) IF YES. DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBERS OP ACRES IN TRACT OF LAND: 15.7 Ac
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
4.4 Ac
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FmLn4G: Road Crossing 0.2 Ac EXCAVATION:
FLOODING: OTHER :San Sewer 0.4 Ac (Temp. during Constr.)
DRAINAGE : Rip Rap 0.07 Ac. TOTAL ACRES TO BE IMPACTED: 0.67_ Ac
10b. (1) STREAM CHANNEL TO BE VAPAC7ED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE INSTANCE BOTH BEFORE AND AFTER RELOCATION:
LENGTH BEFORE F1' AFTER: FT
WIDTH BEFORE (based on normal high wmer conumm): FT
AVERAGE DEPTH BEFORE: FT AFTER FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: 50 ft
CHANNEL EXCAVATION: COONSTRUCTION OF A DAM/FLOODING:
Rip Rap Aprons 46 ft ( 96 Feet Total )
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND? WHAT IS THE EXPECTED
POND SURFACE AREA?
12. DISCIMMON OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY 11 DRAWINGS ONLY)
The sewer route will be cleared and the sewer installed using trackhoes and the ground will
be restored to natural elevation and seeded and mulched. The roadway crossing will be
cleared and the unsuitable materials will be undercut and the pipe will then be installed. Fill
will be placed and the slopes will be seeded and mulched. All areas adjoining the disturbed
areas will be protected from sedimentation using silt fences and other approved devices.
13. PURPOSE OF PROPOSED WORK.
Residential subdivision street and sewer construction
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMLZB WETLAND IMPACTS)
The road crossing is the only permanent impact. This crossing is required because the
new NC 55 Bypass intersection on NC 55 will not allow a connection to be made to N(
55 at this location. The sanitary sewer must be aligned along the drainage flow to
provide for future upstream extension of gravity sewers. The remaining wetland area r
impacted by the road crossing is preserved as public greenway and open space.
15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR
- NATIONAL MARINE FISHERIES SERrvT REGARDING THE PRESENCE OF ANY FEDERALY
LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR
CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED: -_r s to notify
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. DATE CONTACTED
CorDs to notify,
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OT THE USE OF
PUBLIC (STATE) LAND? YES ( ) NO ( X) (IF NO, GO TO 16)
& IF YES, DOES THE PROJECT REQUIRE PREPERATION OF AN ENVIRONMENTAL
DOCUMENT PURUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA
ENVIRONMENTAL POLICY ACT? YES( ) NO( )
b. IF YES, HAS THE DOCUMENT BEEN REFIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES ( ) NO ( )
IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATIONFROM THE STATE
CLEARINGHOUSE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369.
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF FILL. MATERIAL INTO
WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS LAKES, AND
PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29,
AND 38). ALL STREAM AND PERMANENT) ON THE PROPERTY
MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET
OF 1 INCH EQUALS 100 FEET OF THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED
BY PRODUCT.
c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA
SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED
e. WHAT IS LAND USE OF SURROUNDING PROPOERTY?
Residential, woodlands, and pasture
. • A
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
Municipal sewer
S. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WTLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO:
I) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF WATER QUALITY
CERTIFICATION, AND
3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LE'T'TER FROM THE NORTH
CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL
MANAGEMENT PROGRAM,
l? r
O R' WGENT'S SIGNATURE z
DATE
mAA/*-Ov
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED).
NQV-16-98 11:07 AM STAFFORD LAND CO 9106929501 P.01
e
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID. 199820405 _ County: Wakes
Notification of Jurisdictional Determination
Property
Owncr? St fford Land CQmanv. Inc.
_ c/o Kgtherine A. Stafford
Address 780-A NW road Street
S uthern Pines NC 283$7
Telephone Number 91 -692-9 Ol
Authorized
Agent Brady Associates Fores Se s
c/o Harold-R. Brady
Address P, O. Box 673
uthe Pines 'C 28388
Telephone Number _910-692. 347
Size and Location of Property (waterbody, Highway name/number, town, etc.)
The site is approximately 14 acres in size and is located on the west side of SR 1395 (Grisby Ave.),
approximately 100 feet east of the intersection of SR 1395 and Maple Avenue in Holly Springs, Wake
County, Forth Carolina. The site is adjacent to an unnamed tributary of Middle.
Indicate Which of the Following apply:
X There are wetlands on the above described property which we strongly suggest should be surveyed. The surveyed
wetland lines must be verified by our staff before the Corps will make a final jurisdictional determination on your
property.
0 Because of the size of your property and our present .Workload, our identification and delineation of your wetlands
cannot be accomplished in a timely manner. You may wish to obtain a consultant to obtain a more timely
delineation of the wetlands. Once the consultant has flagged a wetland line on the property, Corps su ff will
review it, and, if it is accurate, we strongly recommend that you have the line surveyed for final approval be the
Corps. The Corps will not make a final jurisdictional determination on your property without an approved survey.
The wetlands on your lot have been delineated, and the limits of the Corps jurisdiction have been explained to you.
Unless there is a change in the law or our published regulations, this determination may be relied upon for a period
not to exceed five years from the date of this notification.
0 There are no wetlands present on the above described property which are subject to the permit requirements of
section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
0 The project is located in one of the 20 Coastal Counties. You should contact the nearest State Office of Coastal
Management to determine their requirements.
Placement of dredged or fill material in wetlands on this property without a Department of the
Army permit is in most cases a violation of Section 301 of the Clean Water Act (33 L:SC 1311). A
permit is not required for work on the property restricted entirely to existing high ground. If you
have any questions regarding the Corps of Engineers regulatory program, please contact
Todd Tugwell at 919 - 876 - 8441- extension 26
Project Manager Signature
Date 21 January,
Exp airExp air ti n Date 21 January. 2003
SURVEY PLAT OR FIELD SKETCH OF DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORM MUSTBE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM.
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MIN FFE 420.25
SANITARY SEWER OUTFALL
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100 YR BACKWATER ESMT, ELEV 418.25
MIN FFE 420.25
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John Wiley Johnson, P.B.
Consulting Engineer Phone: (919) 7W 5812
(919) 783 9225
1112
John Wiley JOlll_ ._llSon P.E. n Place FAX: : Io ? 1 P Raleigh, , N NC 27612-394E1 email: John Wiley
leyJohnson()emaiLmsn.com
PGI'kj,-,& V i II(, )I'-
Thursday, August 12, 1999
Mr. John Dorney
NC Division of Water Quality
4401 Reedy Creek Road
Raleigh NC 27607
Subject: Pre Construction Notification
Parkside Village Subdivision
Town of Holly Springs, NC
NBR-RRO-82, DWQ Project #981049
Dear Mr. Dorney:
,?-71T
FD
to
Reference your letter dated December 8, 1998, regarding the subject project. (copy attached). Pursuant to
your comments regarding the sanitary sewer location, we have revised the project to relocate the
proposed sanitary sewer main so that it does not encroach within the zone 2. Accordingly, we have
completed a revised Pre Construction Notification Application and are enclosing seven (7) copies for your
review along with a check in the amount of $200 for the required review fee.
As shown on the drawings, this project will now require that only a road crossing encroach within the
Neuse River Buffer. No practical alternative exists due to the site's topography and the location of the
existing roadway facilities. This project will not be allowed an access connection with NC 55 due to the
proposed location of the NC 55 Bypass intersection with the existing NC 55 and the crossing is required to
provide a roadway connecting the property with Grigsby Avenue. Any such roadway connection must
cross the riparian buffer area.
We have also included the additional information in this application as requested by Mr. Tugwell of the
Corps of Engineers for the required Nationwide Permits No. 12 and No. 14.
We trust that you will find the enclosed items to be in order. If you should have any questions or require
additional information, please let us know.
61
Very truly yo rs,
John Wiley Johnson, P.E.
Enclosures
c w/encl: Mr. Todd Tugwell
Mr. Robert Stafford
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
December 8, 1998
DWQ Project # 981049
Wake County
NBR-RRO-82
CERTIFIED MAEL
RETURN RECEIPT REQUESTED
Mr. Robert Stafford
Parkside Village, LLC
780-A NW Broad Street
Southern Pines, NC 28387
Dear Mr. Stafford:
The Division of Water Quality has reviewed your plans for the discharge of fill material into 0.40
acres of streams and/or wetlands located at Parkside Village, Phase I in Wake County for residential
development, road crossing and sewer line construction. Insufficient evidence is present in our files to
conclude that your project must be built as planned in waters and/or wetlands in accordance with 15A
NCAC 2H.0506. Therefore, unless modifications of the proposal are made as described below, we will
have to move toward denial of your 401 Certification as required by 15A NCAC 2H .0507(e) and will place
this project on hold as incomplete until we receive this additional 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 states your project must be
constructed as planned and that you have no practicable alternative to placing fill in these waters and/or
wetlands. Specifically can you construct your sewer line outside of zone 2? Your letter of October 27,
1998 referred to the depth of the sewer line as a rationale for construction in zone 2. Documentation for this
impact was not provided. Any documentation such as maps and narrative that you can supply to address
alternative designs for your project may be helpful in our review of your 401 Certification.
Please respond with three weeks of the date of this letter by sending a copy of this information to
me and one copy to Mr. Danny Smith, Raleigh Regional Office at 3800 Barrett Drive Raleigh NC 27609. If
we do not hear from you in three weeks, we will assume that you no longer want to pursue this project and
we will consider the project as withdrawn. I can be reached at 919-733-1786 id you have any questions,
cr
J n R. Do hey
cc: Raleigh DWQ Regional Office
Wilmington Office Corps of Engineers
Central Files
John Domey
Raleigh Field Office Corps of Engineers
John Wiley Johnson
981049.nty
Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone 919-733-1786 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
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FILE - D•198-projlJJohnson-Parks! deldrawingslTITLESHEET.pro
PLOT DATE - Aug 23, 1998 - 7:22: 21PM