HomeMy WebLinkAbout20001116 Ver 1_Modifications_2001112069
SPANGLER
ENVIRONMENTAL, INC.
Land Planning • Permitting • Environmental Consulting • Construction Management • Expert Testimony
September 10, 2001 I "
Mr. John Meyers
rri
Arland Community Development (!
3211 Bramer Dr., Suite E
Raleigh, NC 27604
RE: Eagle Ridge Golf Course 404/401 Permit Modifications
Dear John:
This letter confirms the main points of our recent conversation at lunch:
1. The state (DENR-DWQ, Mr. John Domey) stated during a meeting with Scott Linnenburger on August 6,
2001 that they must receive a proposed "Re-restoration" plan for the stream relocation area on hole #4.
The erosion of the banks and the downcutting of the stream have resulted in less than acceptable conditions
for the restored/relocated stream covered by the previous permit activity. Pursuant to your direction, we
have proceeded to perform the field and schematic drawing work for this effort, and will be meeting with
DWQ to get their verbal approval of the proposed redoubling of the restoration effort. We are attempting
to get this issue resolved before the winter freezes hit and planting/equipment maneuverability becomes
troublesome.
2. Mr. Dorsey stated that the permit modification for the final relocation and culverting at hole 17 is on hold
until this "Re-restoration" information is submitted, and the monitoring plan for the restored areas is
approved by his office.
3. Mr. Dorsey stated that the mitigation plan for the permit modification, involving placing the remaining
effective buffers on streams at Eagle Ridge in permanent conservation easement would be acceptable.
We are proceeding with these efforts. Please contact me directly should you have any questions.
Sincerely,
Spangler Environmental Inc.
James A. Spangler
President
CC: John Dorsey, DWQ
Todd Tugwell, Corps
224 Fayetteville Street Mall, Suite 400 P. 0. Box 387 Raleigh, N.C. 27602 tel 919-546-0754 fax 919-546.0757
3961-B Market Street Wilmington, N.C. 28403 tel910-343-9375 fax 910-343-8351 1-866-SPANGLER spangler-sei.com
O?0 WA T ?R?G
r
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
November 9, 2001
Certified Mail Return Receipt Requested
Mr. James Spangler
Spangler Environmental, Inc.
PO Box 387
Raleigh, NC 27602-0387
Subject: Sandler at Old Stage
Wake County
Dear Mr. Spangler:
This Office is in receipt of seven copies of an application for a General Certification for Nationwide No.
3. In order to review your application a fee is $200.00 for impacts of less than 1 acre of waters or wetlands and
less than 150 feet of stream or $475.00 for impacts of greater than 1 acre of waters or wetlands and greater
than 150 feet of stream is required. Since no fee was provided this Office is hereby returning your application.
If this application was intended as a courtesy copy, please feel free to return a copy to this Office for our file
with a cover letter that explains that the application is a courtesy copy only. Also, please be advised that the
subject project is in the Neuse River basin and that the Neuse Buffer Rules (15A NCAC 2B .0233) may apply.
Page 9 of the application, which discusses buffer impacts, was not provided. As such, it is not clear if the
Neuse Buffer Rules apply or if impacts to the buffer are being requested. If you are requesting impacts to the
buffer that require approval by this Office such impacts must be clearly requested and specified.
If you have any questions regarding this matter, please contact Mr. Bob Zarzecki at (919) 733-9726.
Vorney
ds Unit Sup rvisor
cc: Mr. Bob Zarzecki, Wetlands
Raleigh Regional Office
Attached: Application
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/
f9 D0lll(
SPANGLER
ENVIRONMENTAL, INC.
November 19, 2001 \
Mr. John R. Dorney
NCDENR-DWQ
401 Wetlands Certification Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
RE: Sandler @ Olde Stage, Wake County
Dear Mr. Dorney:
We are in receipt of your letter dated November 9, 2001 (attached). As noted on page 3 of our
application, these copies are courtesy copies for your office. Also, there are no Neuse buffer
impacts, as all impacts are to the backside of the dam.
Thank you!
Sincerely,
Spangler Environmental, Inc.
GtJLJ4-
Gr James A. Sp gler, II
President
Attachment
Land Planning • Permitting • Environmental Consulting* Construction Management* Expert Testimony
Post Office Box 387 Raleigh, NC 27602-0387 tel: 919-546-0754 fax: 919-546-0757 www.Spangler-SEI.com
oR- W A TF9QG
_ -i
o N -c
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
November 9, 2001
Certified Mail Return Receipt Requested
Mr. James Spangler
Spangler Environmental, Inc.
PO Box 387
Raleigh, NC 27602-0387
Dear Mr. Spangler:
IIECEIVED NOV
Subject: Sandler at Old Stage L `1101
Wake County
This Office is in receipt of seven copies of an application for a General Certification for Nationwide No.
3. In order to review your application a fee is $200.00 for impacts of less than 1 acre of waters or wetlands and
less than 150 feet of stream or $475.00 for impacts of greater than 1 acre of waters or wetlands and greater
than 150 feet of stream is required. Since no fee was provided this Office is hereby returning your application.
If this application was intended as a courtesy copy, please feel free to return a copy to this Office for our file
with a cover letter that explains that the application is a courtesy copy only. Also, please be advised that the
subject project is in the Neuse River basin and that the Neuse Buffer Rules (15A NCAC 2B .0233) may apply.
Page 9 of the application, which discusses buffer impacts, was not provided. As such, it is not clear if the
Neuse Buffer Rules apply or if impacts to the buffer are being requested. If you are requesting impacts to the
buffer that require approval by this Office such impacts must be clearly requested and specified.
If you have any questions regarding this matter, please contact Mr. Bob Zarzecki at (919) 733-9726.
Y /J.1-1
I R. Dorney
ands Unit Sup rvisor
cc: Mr. Bob Zarzecki, Wetlands
Raleigh Regional Office
Attached: Application
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetiands/
f9
SPANGLER
ENVIRONMENTAL, INC.
October 26, 2001
Ms. Amanda Jones
US Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of the Neuse Road
Suite 120
Raleigh, NC 27615
K!OV 2029
I ?`bI
RE: Massengill Permits
SEI Project # 9905029
Y
Dear Amanda:
Both Todd and Eric are familiar with Eagle Ridge. A J.D. is in your files (less than four years
old).
If you would, please provide written authorization for these proposed impacts. Thanks!
Sincerely,
Spangler Environmental, Inc.
616 ("4-, '4 1 R'F James A. Spangler, II
President
Attachments: PCN
Map
Cc: John Dorney, NCDWQ
\Nf-?
O
ti
Land Planning • Permitting • Environmental Consulting* Construction Management* Expert Testimony
Post Office Box 387 Raleigh, NC 27602-0387 tel: 919-546-0754 fax: 919-546-0757 www.Spangler-SEI.com
Office Use Only:
USACE Action ID No.
DWQ No.
Form Version April 2001
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
I. Processing
Check all of the approval(s) requested for this project:
4Section 404 Permit
? Section 10 Permit
? 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 3
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
Q. Applicant Information
Owner/Applicant Information
Name: SANDLER (a-) OLDE STAGE, LLC
Mailing Address: John Myers, P.E.
c/o Arland Community Development
3211 Bramer Court Suite E
Ralei h NC 27604
Telephone Number: Fax Number:
E-mail Address:
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name: Jim S an ler President
Company Affiliation: Spangler Environmental Inc.
Mailing Address: PO Box 387, Raleigh, NC 27602
Note Agent Authorizations Dated June 15, 1998 and July 24, 2000
Telephone Number: 919-546-0754 Fax Number: 919-546-0757
E-mail Address: sec inc(a),bellsouth net
Page 3 of 3
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Massengill Dam Repair
2. T.I.P. Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 699.02-7208 (Massengill Farm) & 699.02-
6838 (Eagle Ridge G.C.)
4. Location
County:WAKE Nearest Town: Raleiah/Garner
Subdivision name (include phase/lot number):N/A adiacent to Eagle Ridge
Directions to site (include road numbers, landmarks, etc.): 401 South to Old Stage Road to
Eagle Ridge Subdivision. Subdivision surrounds Massengill Property
5. Site coordinates, if available (UTM or Lat/Long):
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application: Large
Pond Dam
7
Property size (acres):
8. Nearest body of water (stream/river/sound/ocean/lake):Massengill Pond
9. River Basin: Neuse
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
Page 4 of 4
10. Describe the purpose of the proposed work: Dam and Outlet Repair. Seep at bottom of dam
creating a risk of dam breach. Hazard to property, human safety documented by
attached letter dated Oct.17, 2001 from Amos Clark, P.E. of John R. McAdams Co.
11. List the type of equipment to be used to construct the project: Typical earth-moving
equipment and structural repair equipment
12. Describe the land use in the vicinity of this project: Residential
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits.
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
Previous J.D.'s and Permits have been issued for surrounding residential development.
No previous permits have been applied for at this specific project location as need has only
recently been established.
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application:NO
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 5 of 5
1. Wetland Impacts
Wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
linear feet
Type of Wetland***
1 Structural Fill 0.004 NO Seepage Through Dam
2 Structural Fill 0.011 NO Forested Wetland
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at ham://www.fema.gov.
*** List a wetland tvpe that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond.
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: > 5 acres
Total area of wetland impact proposed:0.015 acres
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
indicate on ma
Type of Impact* Length of
Impact
linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)
N/A
List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usas.aov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topgzonc.com,
www.map$uest,re m. etc.).
Cumulative impacts (linear distance in feet) to all streams on site: N/A
Page 6 of 6
Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U. S.
Open Water Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.
N/A
List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation-N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands El stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Avoidance is not practicable._ Documented increased risk to downstream property
necessitates this minor impact. See attached letter dated October 17, 2001 from Amos
Clark, P.E. of John R. McAdams Co.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 7 of 7
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strrngide.htmi.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
No Mitigation is Proposed
Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at htt12•//h2o enr state nc. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
Page 8 of 9
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B.0242 or.0260.
XL Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
N/A. Project will not alter impervious area.
XII. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
N/A. Project will not generate.
XUL Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No 4
Is this an after-the-fact permit application?
Yes ? No J
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Based upon documented need, construction is planned for FALL 2001
'S 14V ENvir?nn+e cii..N 9K_1c
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Applicant/A(pdt's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 10 of 10
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