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HomeMy WebLinkAbout19940444 Ver 1_COMPLETE FILE_19940512State of North Carolina Department of Environment, A11FA 44 Health and Natural Resources • • Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, , Secretary p E H N F1 A, Preston Howard, Jr., RE., Director June 3, 1994 Wake County DEM Project # 94444 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Mr. Dqn Radulescu 910 Gregson St. Durham, N.C. 27701 FILE COPY Dear Mr. Radulescu : You have our approval to place fill material in 0.5 acres of wetlands or waters for the purpose of residential lot fill at lots 23 and 24, Vienna Woods subdivision, as you described in your application dated 11 May, 1994. 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. No additional wetland fill is permitted on these lots. 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 30 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, ?, reston Howard r. P.E. i ector Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office Raleigh DEM Regional Office Mr. John Dorney Central Files 94444.1tr 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 DEM ID: C L FP - 1 ACTION ID: Nationwide Permit Requested (Provide Nationwide Permit #): 16 JOINT FORM FOR 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 A71-N: CESAW-CO-E Telephone (919) 251-4511 WATER QUALITY PLANNING r DIVISION OF ENVIRONMENTAL MANAGE NC DEPARTMENT OF ENVIRONMENT, HE AND NATURAL RESOURCES P.O. Box 29535 MAY ( 1 1. Raleigh, NC 27626-0535 ATTN: MR. JOHN DORNEY ...... Telephone (919) 733-5083 r 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: -R c?,? ?-? 2. Owners Address: GrrC,f,Q So vq? S-t 3. Owners Phone Number (Home): ( 8 2 3 ZOZ ?- Aj <., (Work): 4. If Applicable: Agent's name or responsible corporate official, address, phone number: 5. Location of work (MUST AC MAP). County: Nearest Town or City: &Ay t c? Specific Location (Include road numbers, landmarks, etc.): i Z 14 K.,S4?,twp/k -2)h, L S 23 ?2y V ? `(A& X,G W 0' ? &" J. , ?r,`Sn k ) . T k, 5 (',4 41 ' V -P c ?V-?vfa? PZ (W ?+,. cif, i s dk t kc. le ? s 6. Name of Closest StrewtvRiver: /YES 7. River Basin: ` 1 &',u ?-C 8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO [?] 9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO If yes, explain. 10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: Filled: I a Drained: Flooded: Excavated:V1r-?-n C-?- - M Total Impacted: I ae,t-e - 12. Descnri$?i?on of proposed work (Attach PLANS-8 1/2" X ] 1"drawings only): ? VV?C/?bt'?? f11 7 13. Purpose of proposed work: 14. State reasons why the applicant believes t1lat this activity must be carried doouttcn?? ands. Also, note measures taken to minimize wetland impacts. T all? '(? true 5 C ac?l . See,Mtied (,? a.N.d ?tt v?ru eeoic tv a ?+ei?/k b-v wc?s 4?0-kk , !t ?r?'?CC?1 .A. 7- 44Z 4 15. You are required to con ct 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[ ] NO[ j 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( ] 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. ?y ?"a MS C1? S _ B. If available, representadve photograph of wetlands to be impacted by project. M ? 1 - v%& C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the ??? delineation line. -t; 4A U WR oft: tl-?L D. If a stormwater management plan is required for this Rro'ect, attach copy. vv "Q,t,?? vVi ?! ?,v ????, b'??+? E. What is land use of surrounding property? F. If applicable, what is proposed method of sewage disposal? 5 0v*C?? tc` VA Owner's Signature Date U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. County GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner/Agent \ a`c\Q??P Size and Location of project (water1body, road name/number, town, etc.) cN. r1cP'r'\ oc1 N? -0- Description of Activity Section 10 (River and Harbor Act of 1899) only. Section 404 and Section 10. 2L 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 Si nature Regulatory Project Manager Signatu Date\ Ex pi Date ? (?q SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. CESAW Form 591 Dec 1993 Telephone No.\?? ?Q?a - 3 aC?a ./Section 404 (Clean Water Act, 33 USC 1344) only. 1 1 \ LOT 21 LOT 22 0 S86°-l8'-08"E 260.36' LO 220 0 - -----..-?Av? .o 0 \ ?5y? 0" _ w. 1.632 cp, ?- 55?? Q 06, 1.966 Ac o? 0 2 ol? S40°- 32'-25"E D No 39'-4o"W 66,31' _ 109,84' N W ?? SIN ,? ` ` /?/ oRq Nq UT/?/Ty W / 73 ° ? ? ?FSi?gT ? o . 08, 2 •? Cx G?io\GP(? pF LOT 25 IL -9 c? AREA BY COORDINATE ME rHOD v .\ NO HORIZONAL GROUND CONTROL FOUND WITHIN 2,000 FEET. loo' 50' O' 100' GRAPHIC SCALE 1" = 100' PEVISIO !.;OUNTY that notary n ni nii.q R R/ A C K M ON, R. L. S. 1?7 17', F 1994. i ? JUN 2 all 7 VI LTLAM0 3 GI ._? ._ VVAILIi U 11 II (.._ 2 S' t (1 c V l?- 0 J-? Projectx?azn ya-7 !/ ,iia , Coun ty Wetland a _ Nearest road `7- ?K Z 0'Oj acres Wetland width -feet Wetland type (select one) ? Other • ? Swamp forest ? Shoreline • Bottomland hardwood forest ? Stream channel • ? Carolina bay ? Brackish marsh I '. ' 10 Pocosin ? Freshwater marsh • ? Pine savannah ? Bog/Fen ; • ? Wet flat ? Ephemeral wetland • The rating system cannot be applied to salt marshes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SUM . . . . . . . . . . . . . . . . . . . . . . . Water storage 3 Bank/Shoreline stabilization 3 x 4.00 - Pollutant removal - - • Sensitive watershed Dispersal corridor - x 1.50 lVedond score . Special ecological attributes PQ_ / • Wildlife habitat x 1.50 = I _ nqualic life value Recreation/Education Economic value 2 a 0.25 _ x Hydrologically connected ? Hydrologically isolated Mr. Dan Radulescu Residential Fill - NW26 SR 2005 Permit NO. 0444 Mr. Radulescu has two adjacent lots which total 3.598 acres. The wetlands on this site were not clearly delineated. From visual inspection, I estimate the wetland total to be 2.4 acres and Mr. Radulescu has requested to fill 1.0 acres of wetlands. In order to allow for economic use of this tract of land, the request for 1.0 acres of fill is excessive. I explained to Mr. Radulescu that the positioning of the house and half of what he proposed to fill for a back yard would be permitted. Simply, the impact adjacent to the man-made depression should be avoided. Also, Mr. Radulescu explained that he wanted to fill-in other areas near the depression. The reason for this was to provide dry access to other parts of his property. I explained that the filling of wetlands was not necessary to accomplish this. He could simply build wooden walk ways (board walks) or walk around. Mr. Radulescu was agreeable to the aforementioned conditions. By my estimation, the proposed fill will be reduce from about 1.0 to 0.5 acres. If you have any questions please contact Danny Smith at th RRO. 1 C ? (-I ?-l -) DEM ID: ACTION ID: Nationwide Permit Requested (Provide Nationwide Permit #): Z 6 JOINT FORM FOR 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 (919) 251-4511 WATER QUALITY PLANNING DIVISION OF ENVIRONMENTAL. MANAGEMENT _ NC DEPARTMENT OF ENVIRONMEN -•-- AND NATURAL RES OURCES?!? P.O. Box 29535 Raleigh, NC 27626-0535 ATTN: MR. jOHN DORNEY MAY 1 11994 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. DMSION OF ENVIRONMENTAL MANAGEMENT. PLEASE PRAT. 1. Owners Name: 2. Owners Address: 3. Owners Phone Number •(Home): ? ? ? 6 ? 2 3 20Z (Work): 4. If Applicable: Agent's name or responsible corporate official, address, phone number: 5. Location of work (MUST ATTACH MAP). County: Nearest Town or City: Specific Location (Include road numbers, landmarks, etc.): 12- l n s k. ( L S z 3 ?2y V . 'e v h,a_ VV o- ? S wt; ?n`Sr? t) . T lt,,`s 5 y -PA V, r ,, Rd ( W T , ti4 i s ? t- .1 -fit q- 7 0 L? lv? 2.5 llkv"' 1- "-4- 6 alv, -R c%? ?- szt so-o- S-e Name of Closest Stream/River: /YeAAft River Basin: ` 1 CA,,, ?C 7 8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ J NO [? j 9. Have any Section 404 permits been previously requested for use on this property? YES [) NO [?] If yes, explain. 10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: Fill ed: I 01 Ilk Drained: Flooded: Excavated: / 10 -) k s Total Impacted: l acne 12. Descri$tiion of proposed work (Attach PLANS-8 1/2" X 11" drawings only): 13. Purpose of proposed work: -Ql A- -?kw z krrM" t %-W ?,C wwA 14. State reasons why the applicant believes taken to minimize wetland impacts. Tl --bp -C ke 5elte Tltl? acs , See, l !f i 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[ ) NO( ] 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 [ ) NO[ ] RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS. 17. Additional information required by DEM: 7 ?-?k ? t1llc A. Wetland delineation map showing all wetlands, streams, and lakes on the property. PkA ,- Ms .C1 B. If available, representative photograph of wetlands to be impacted by project. ma 1?? C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the tAA-v? ? delineation line. -r- 4A-G. WzA.-,(E VkL D. If a stormwater management plan is required for this P-meet, attach copy. E. What is land use of surrounding property? `? `11 C, 1* F. If applicable, what is proposed method of sewage disposal? sCJA?'c tc"A ?activity must be carried out in wetlands. Also, note measures i s/ /1 Owner's Signature Date RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS. 1 WILMINGTON DISTRICT Action ID. County GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner/Agent \ r Q `r C' Address U.S. ARMY CORPS OF ENGINEERS Telephone No.\? Size and Location of project (waterbody, road name/number, town, etc.) nfIN kA c- Description of Activity Section 10 (River and Harbor Act of 1899) only. Section 404 and Section 10. Q?n 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 Regulatory Project Manager Signa Date` .?. \ ? . \???\ ion Date`mc," 1\ . ?°?? to SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. CESAW Forth 591 Dec 1993 ?Section 404 (Clean Water Act, 33 USC 1344) only. l ? ll???V? LOT 21 LOT 22 ? S86 8'-08"E 260,36' LO p C ?•. ' fr y?. Q 's (24) ` !J 1.966 Ac - D S 4 0 °- 3 2'- 25 -E 0"ti" 66.31' ?? NO 39.89-4'4, 10 _ W o DRq?hq SrOF 4OT °10 ,.FSMT ?° 2 ?i 209 4e ;?2.. ` i G?" , 11 LOT 25 V AREA BY COORDINATE METHOD NO HORIZONAL GROUND CONTROL FOUND WITHIN 2,000 FEET. 100' 50' 0' _ 100' GRAPHIC SCALE I" = 100 COUNTY a notary that REVISIC n/7i\/All.q R RI AC;KMON. R.L.S. MEMO TO DATE: SUBJECT: ` 1??ILiCM V 1"J" I j(1' I 1 l U k? From: North Carolina Department of Environment, Health, and Natural Resources g Printed on Recycled Pa pep 0 fl"tionlwide : ACTION ID: Permit Requested (Provide Nationwide Permit #): z 6 JOINT FORM FOR Nationwide permits that require notification to the Corps of Engineers Nationwide permits that require application for Section 401 certification WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL, MANAG.EME?U___.. DEPARTMEN'T' OF THE ARMY NC DEPARTMENT OF ENVIRONME P.O. Bok 1890 AND NATURAL, RESOURCES 1 f 1? Wilmington, NC 28402-1890 P.O. Box 29535 ATTN: CESAW-CO-E Raleigh, NC 27626-0535 Telephone (919) 251-4511 ATT-N: MR.;OHN DORNEY ( 1199 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: 2. Owners Address: 3. Owners Phone Number (Home) 7 l 7 6(Y 2 3 .ZOZ (Work): 4. If Applicable: Agent's name or responsible corporate official, address, phone number: 5. Location of work (MUST ATTACH MAP). County: Nearest Town or City: 0 l Specific Location (Include road numbers, landmarks, etc.): 112' -eivl P-d S w? c!? V-t`?n ? . `r 's (y ? V t -P f f- e y- 4- 7 y?Vr 2, 5-41AA' E"-t- J", ? tk,c. ( L?T-S z3 --f 2y Kr-p,f" VV Cts?d1'J"'ti`9 fe,y- ' Olt ? 6. Name of Closest StreanvRiver: 7. River Basin: ` 1 'fit. ?-( 8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ J NO 9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO [l?] If yes, explain. 10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 9 11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: Fill ed: ?i 4?CQ?d Drained: Flooded: Excavated: ?vc/t c f '? Total Impacted: aeI?e M-M c` ems) ,Znptipon of proposed work (Attach PLANS-8 1/2" X I1" drawings only): F- s " ww4ch aA-4) ,, 13. Purpose of proposed work: ?' Kt ' tA ? +v ` ?`" C` -cam L,,?- 1,) (1 z 4V 4a WI a 14. State reasons why the applicant believes tbat this activity must be carrieddoutcin wetlands. Also, n? eas Tuk taken to minimize wetland impacts. T - p 'rkk 6 ' C, TJ ,;A ML-0 , See,% ??? JkJ 4-t4 t Wm eG?sc -o a- i ?t? ??o-wr's ko'?1k . If 4-+fig r 15. You are required to con ct 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( ] 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 [ ) NO[ ] RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS. 17. Additional information required by DEM: 1 jv- A. Wetland delineation map showing all wetlands, streams, and lakes on the property. P?` MS s _ B. If available, representative photograph of wetlands to be impacted by project. _ ??? 1 -rkc ?e`?'ir? C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the delineation line. tuy) ??. D. If a stormwater management plan is required for thisQr-o .ectnnattach copy. pm-., b ???? E. What is land use of surrounding property? ? ,, C rtt T ? 2t , zo 7-V ea, n -co F. If applicable, what is proposed method of sewage disposal? S C tc-wk Owner's Signature Date U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. County GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner/Agent \ r Address ?"\ \ 13 Telephone No. -a C? -a Size and Location of project (waterbody, road name/number, town, etc.) s \.& p c?& -?: n \o, -C--. Description of Activity Section 10 (River and Harbor Act of 1899) only. Section 404 and Section 10. _ 2 1n 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 S Regulatory Project Manager Signature'` Date ow \ ?? 1y Ex Date` SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. CESAW Form 591 Dec 1993 ?Section 404 (Clean Water Act, 33 USC 1344) only. 1 LOT 21 LOT 22 S86°-l8 '.. 260.36' LC / o ?o \? ??° \23? O 1.632 AC \ \1501, \9 ?.. cp• try 0 0\0 ?? F0 .•?5 \ S• ? a95?pp . o ` 1.366 AC \ S40°-32'-25-f \ D N0 ' 10-399 '-4'0"W 66.31 .84 ? r ? IW tV `? •nl w \? /o FA036 `PO ?Rq/NqC ES?Ur/?/? CiNF W l N<109 Oe ?42 . ESMT /? ?? 0 o , a ?c ? o ?V eJ0??G5? \9 C JS??o``P?E o LOT 25 1 1 k A^- AREA BY COORDINATE METHOD i '70 NO HORIZONAL GROUND CONTROL FOUND WITHIN 2,000 FEET. 6 100' 50' 0' 100' GRAPHIC SCALE 1" = 100' -OUNTY REVISI( a notary that n?nito??_c R RI AC.KMnN. R.L.S.