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HomeMy WebLinkAbout19970770 Ver 1_COMPLETE FILE_19970908State of North Carolina Department of Environment, M18MA IT Health and Natural Resources • • Division of Water Quality , rvr- James B. Hunt, Jr., Governor Wayne McDevitt, Secretary C) E H N F=1 A. Preston Howard, Jr., P.E., Director October 27, 1997 Harnett County DWQ Project # 970770 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Mr. Michael Womble BTW Development Co., Inc. Post Office Box 547 Dunn, NC 28335 Dear Mr. Womble: You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 0.71 acres of wetlands or waters for the purpose of constructing an apartment complex at Hwy 55 in Angier, as you described in your application dated September 22, 1997. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3108. This certification allows you to use Nationwide Permit Number 26 when it is issued by the Corps of Engineers. 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 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). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. Deed notices, conservation easements or similar mechanisms shall be placed in all lots with remaining ire wetlands and waters to restrict 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. Applicant is reminded that if total wetland fill for this development exceeds one acre then wetland mitigation will be required by DWQ. Total fill is now 0.96 acres for DWQ #970770 and 970697 if the Corps of Engineers considers them to be the same project. 3. Stormwater shall be directed to sheetflow across remaining wetlands rather than directly discharge it to stream channels. 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 Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786. 4Ion Howard, Jr. P. . Attachment cc: Wilmington District Corps of Engineers Cotes of Engineers Wilmington Field Office Fayetteville DWQ Regional Office Mr. John Domey Central Files 9707701tr Division of Water Quality - Non-Discharge Branch 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportmity Affirmative Action Employer - 50% recycledtl0% post consumer paper MEMORANDUM PRINT NAMES: Reviewer:,) TO: JOHN DORNEY WQ SUPV.: ENVIRONMENTAL SCIENCES BRANCH DATE: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS ***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) *** PERMIT YR: 97 PERMIT NO: 0000770 COUNTY: HARNETT APPLICANT NAME: BTW DEVELOPMENT PROJECT TYPE: RESIDENTIAL CONST PERMIT TYPE: COE COE #: DOT #: RCD_FROM CDA: COE DATE_FRM__CDA: 09/08/97 REG OFFICE: FRO RIVER AND SUB BASIN J: a 3 ow STR INDEX N0: STREAM_CLASS : WL_IMPACT?: Y/N WL_REQUESTED: , V *r- WL_SCOREM : 47 MITIGATION?: Yk ' it cp WL_TYPE : i WL _ACR _EST? : (!DN WATER IMPACTED BY FILL?: Y 6T MITIGATION-TYPE: W/4_ MITIGATION_SIZE:I"IA- DID YOU REQUEST MORE INFO?: IS WETLAND RATING SHEET ATTACHED?:tom" HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?: Y/C RECOMMENDATION (Circle One): ISSUE SSUE/CON DEIV , I 1* .1 COMMENTS: CC: Regional Office Central Files Project N_amp County ?i Name of evaluator ? Nearest Road 5-5 Wetland Area z -5 acres Wetland Width 3"`a- -`K' feet /G Date _ 1,9 16 Wetland Location Adjacent land use (within 1/2 mile upstream, upslope, or radius) on pond or lake on perennial stream _ forested/natural vegetation % won intermittent stream ?agriculture, urban/suburban I'S within interstream divide impervious surface s_ % other Dominant vegetation Soil series (1) J `rJh `?` l?? C 4 ` _ predominantly organic - humus, muck, I (2) ?`? "'''"?` ` ?°?'??a 2D?` ?' ` w or peat predominantly mineral - non-sandy ?" predominantly sandy Hydraulic factors steep topography ditched or channelized ditched wetland width a 100 feet Wetland type (select one)* Bottomland hardwood forest 1ZHeadwater forest Swamp forest Wet flat Pocosin (3) Flooding and wetness semipermanently to permanently flooded or inundated `seasonally flooded or inundated intermittanly flooded or temporary surface water no evidence of flooding or surface water Pine savanna Freshwater marsh Bog/fen Ephemeral wetland Carolina Bay Bog forest Other *the rating system cannot be applied to salt or brackish marshes or stream channels R A T I N G Water storage _ x - x Bank/Shoreline stabilization Pollutant removal * x Wildlife habitat x Aquatic life value x weight 4.00- 4.00- 5.00 = 2.00 = 4.00 = Recreation/Education x 1.00 = 4:Y Wetland *Add 1 point if in sensitive watershed and >10% nonpoint disturbance within 112 mile upstream, _ uJ?slo_pe? or radius___ BTW Development Company, Inc. 1207 West Cumberland Street Post Office Box 547 Dunn, North Carolina 28334 (910) 892-7114 Fax(910)892-4418 September 22, 1997 North Carolina Division of Water Quality 4401 Reedy Creek Road Raleigh, NC 27607 Dear Sirs: 97 0'7"7 .(,L:/VED SEP 2 T 1997 E1VVIR1)AJMEA1rgLSC&VCE8 Please find enclosed seven copies of the "Pre-Construction Notification Application" complete with all attachments and a large, scaled (1"=100') map as a result of your letter dated September 16, 1997. This project consists of the construction of townhomes in the town limits of Angier, NC with a total wetland impact of approximately 0.71 acres. This property does not contain a stream or pond. It is merely a low area that collects runoff from Highway 55 on the southern town limits of Angier. As you can see from the preliminary site plan enclosed, great care has been taken in the design of the project so as to avoid impacting the middle areas of the wetlands. No building is located entirely within wetland areas. Instead, impacts only occur on the outside edges or those "fingers" of wetland areas that extend into the dry areas. Therefore, the greatest portion and primary shape of the wetlands remain unchanged. No further development will occur in the remaining undeveloped areas. This property has been delineated by a professional soil scientist and approved by Mr. Alan Davis with the Wilmington Regulatory Field Office of the US Army Corp of Engineers. This delineation is shown on the enclosed maps. Should you have any questions regarding the delineation, Mr. Davis may be reached at (910) 251-4511. Your letter requests copies of all previous approvals for wetland fill for this property. Development has not yet begun on this property. As our application states, there have been no approvals for wetland fill for this property. However, approvals have been received for wetland fills (total impact of 0.25 acres) for an adjacent parcel which are enclosed. While the wetland areas on this property (townhome project) are shared by the adjacent parcel, the development of the adjacent parcel did not impact this wetland area. I hope this provides adequate information to consider this request. Please don't hesitate to contact me should you require further details regarding the project. Sincere y yours, Michael H. mble le?? BTW Development Company, Inc. cr DEM ID: CORPS ACTION ID: )VEQ SEP 2 1997 ENV/RnlVMFN74 L SC?IVCES 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 CERTIFICATION 3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE AGENCY ADDRESSES SHEET). PLEASE PRINT. 1. OWNERS NAME: MAILING ADDRESS: CITY: Dunn BTW Development Companv. Inc. P.0. Bo STATE: SUBDIVISION NAME: Brookwood NC ZIP CODE: 28335 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): P.rookwood Townhomes, Highway 55 South, Angier, NC 27501 3. TELEPHONE NUMBER (HOME): 910) 892-6418 (WORK) : (910) 892-7114 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Michael H. Womble, P_n_ Box 547, limn, NO 28335 (910) 892-8327 S. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE) __ )UNTY : Harnett _ _ NEAREST "TOWN OR CITY: Angier---N-G---- / SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): Located just inside the southern boundry of the Angier Town limits on Hiwhwav 55. 6.'.IMPACTED OR NEAREST STREAM/RIVER: glank Ri?rar RIVER BASIN: Cape Fear River 7a. IS PROJECT LOCATED NEAR WATER CLASSIFIE^ AS TROUT, TIDAL SALTWATER (SA), HIGH QUALITY W TERS 040W), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY (WS-I OR WS-II)? YES [ ] NO [X? IF YES, EXPLAIN: 7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO [X? 7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES), WHAT IS THE LAND USF PLAN (LUP) DESIGNATION? 8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES 1xk NO [ ] IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): Adjacent Parcel-ID#199707930, 199707929 8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES [XM NO [ J IF YES, DESCRIBE ANTICIPATED WORK: Permit will be regested for an impact not expected to exceed 2,000 square feet for a sanitary sewer crossing. 9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 8,33 acres 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT -- SITE: 1.92 acres 10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: Approx 0.71 EXCAVATION: FLOODING: DRAINAGE: OTHER: TOTAL ACRES TO BE IMPACTED: Anrox 0.71 10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION): LENGTH BEFORE: N/A FT AFTER: FT WIDTH BEFORE (based on normal high water contours): FT WIDTH AFTER: 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: CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING: OTHER: 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND"? N/A WHAT IS THE EXPECTED POND SURFACE AREA? 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS ONLY) : Fill for the purpose of constructing residen i townhomes. Typical. earth-moving equipment is anticipated to be used. - 13- PURPOSE OF PROPOSED WORK: Fill areas for the purp ose oi' constructing foundation pad for the ultimate construction of a residential townhome in the Angier town limits. 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS): See attachment. 15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE SNMFS) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF 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. DATE CONTACTED: 1VOne. RESPONSES FROM THESE AGENCIES.) (ATTACH 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: None. 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES [) NO kk (IF NO, GO TO 18) a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES [ ) NO [ ) b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE? YES ( ) NO ( ) IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT. QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS. CHRIS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-80GSf TELEPHONE (9i9) 733-6369. 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH TI4IS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR 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 STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES-SHOULD BE 1 INCH EQUALS SO FEET OR 1 INCH EQUALS 100 FEET OR THEIR EQUIVALENT. ?- 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 THE DELINEATION LINE. d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED- e. WHAT IS LAND USE OF SURROUNDING PROPERTY? Residential and Farming. f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? Town sanitary sewer. g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICAE[J.'. NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO: 1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, 2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND 3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM. • - .r BTW Development C-0., InC°- OWNER'S/AGENT'S SIGNATURE DATE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED (18g.)) BTW Development Company, Inc. Attachment to Pre-Construction Notification Application Page 4, Question 14 The property is ideally suited for residential development because of its proximity to major travel arteries, its location inside the town limits of Angier, and the adjacent residential development. Residential areas exist both north, south and west of the proposed development. Highways 55 and 210 are the primary north-south and east-west arteries to Raleigh, Dunn, Smithfield, and Lillington. There appears to be an adequate amount of suitable, dry area for the construction of roads, and the wetland impacts primarily result from the street right-of-ways, portions of buildings, and building setbacks. The remaining wetland areas provide a natural buffer between this proposed project and adjacent projects. No further development would occur in the remaining undeveloped areas. During the design phase, great care was taken in the placement of buildings and roads so the only impacts to the wetlands would be to the "fingers" extending into the dry areas or its outside edges. Impacts to the middle areas of the wetlands were avoided. No building proposed by the project is located entirely within wetland areas. By designing this project in such a manner, the greatest portion and primary shape of the wetlands remain unchanged. r r I ApA? Y ? r i ,E lip ?y}!L???; _ ?a1f;t 1,C Rif y I'It f i t it1?IN¦ a tl f In IA at I ? I ? 1 ? n 1 i 1 1 a t 9 V ' log 23 ; M/d KNYDIYIKION MAP FOR Q ?g g B.T.W. DEVELOPMENT 00DWINJORD?AN-THWAA39OCI P.A. CO., INC. SURVSYIIWO; &PLAMOM 3 a? BLACK RrM "ARNETT P.O. BOX 249 DUNN. N.C. 2833 TOWN&W COUNTY DUNK PH. (910) M3139 PAYE. PH (00) 483-1489 ANWR, NORTH CAROUNA