Loading...
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 TCv5 A. 5PAMOc.69, R* s iaQ ,js A,e?,4 So r 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 j AD rdA'?j if Iuz ?e"l 11 aim - f"cyka,p