HomeMy WebLinkAbout19970490 Ver 1_COMPLETE FILE_19970602State of North Carolina.
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
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June 11, 1997
Wake County -
DWQ Project # 970490
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Glenn Futrell
P.O. Box 3006
Cary, NC 27519
Dear Mr. Futrell:
You have our approval, in accordance with the attached conditions and those listed below, to fill and excavate
0.23 acres of wetlands or waters for the purpose of subdivision construction at Montclair subdivision, as you
described in your application dated 27 May 1997. After reviewing your application, we have decided that this fill is
covered by General Water Quality Certification Numbers 3101, 3103 and 3108. These certifications allow you to
use Nationwide Permit Numbers 12, 14 and 26 when they are 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.
Deed restrictions, conservation easements or similar mechanisms shall be placed in all lots with remaining
jurisdictional wetlands to prevent future fill within 30 days of the date of this letter.
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.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Feld Office
Raleigh DWQ Regional Office
Mr. John Dorney
Central Files
Mr. Chris Huysman; S&EC
Pt ,
n 0
970490.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer - 50% recycled/1 0% post consumer paper
PRE-DISCHARGE NOTIFICATION PCN
TO: National Marine Fisheries Service
Pivers Island, NC FAX (919)728-8796
US Fish & Wildlife Service
Asheville, NC FAX (704)258-5330
US Fish & Wildlife Service
Raleigh, NC FAx (919)856-4556
State Historic Preservation Office
Raleigh, NC FAX (919)733-8653
ision of Water Quality
gh, NC - ` `°"""-.,_- FAX (619')'7-Y3-9959
NC Wildlife Resources Commission
Creedmoor, NC FAX (919)528-9839
1. ACTION ID: 199700812/199700813/199700814
2. APPLICANT: Monclair LLC
3. DATE OF TRANSMITTAL: 6/9/97
4. RESPONSE DEADLINE(5 days from transmittal):6/13/97
RECEIVED
'J`"V u 91991
6NVIRO146NrAL SC161V
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5. COMMENT DEADLINE(10 days from response deadline):6/23/97
6. SEND COMMENTS TO: RALEIGH REGULATORY FIELD OFFICE
RALEIGH, NC
ATTN: Eric Alsmeyer
FAX (919)876-5823
We are also forwarding the attached PCN to the Fish and Wildlife
Service and the National Marine Fisheries Service for review and
comment concerning any likely affect to any threatened or
endangered species or their critical habitat within those
agencies' jurisdiction.
9 7 -04 %'0
Soil & Environmental Consultants, Inc.
244 West Millbrook Road ¦ Raleigh, North Carolina 27609 ¦ (919) 846-5900 0 Fax (919) 846-9467
NCDEH&NR-DWQ
Attn. Mr. John Dorney
4401 Reedy Creek Rd.
Raleigh, NC 276607
19-99
NcFs
401 ISSUED
May 27,1997
Job # 97-2958
US Army Corps of Engineers
Attn. Mr. Eric Alsmeyer .
6508 Falls of the Neuse Rd. Suite 120
Raleigh, NC 27615-6846
Subj. Request for Nationwide Permits 12,14 and 26 (Montclair Sewer Project).
Dear Mr. Dorney and Mr. Alsmeyer:
The purpose of this letter is to request Nationwide Permits 12, 14, and 26 for a total of
0.23 acres of wetland impacts resulting from construction of Montclair Subdivision. T k@
project is owned by the Montclair LLC and is located near Cary, NC (Wake County) .
(see Vicinity Map).
The construction of one road crossing will result in 0.04 acres including 75 linear feet of
channel {unconsolidated overland flow) impact. In order to minimize impact, the
orientation of the road crossing will be perpendicular to the channel
FMS
Impacts resulting from lot grading total 0.04 acres under Nationwide Permit 26, and , DY
Nationwide 12 impacts total 0.15 acres. Of the 0.15 acres under Nationwide 12, .075
acres are permanent.
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Impacts to wetlands and floodplains associated with the property have been
minimized.
Please call if you have questions or require further information. If you decide to
perform a site visit, please contact us so we can arrange for someone to accompany you.
Y,
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Biologist
ktev 0 ?&
e Roberts
Biologist
Soil/Site Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Environmental Audits
On-Site Waste Treatment Systems, Evaluation and Design
!OICZ27-1997 14:14 H J GILLEECE & ASSOC. P.02
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Soil & Envirotim- entml Consultan#s, Inc.
244 West Milllbrook Road u bleigh, Nodh Catolins 276W 5 (919) 846-5900 N Fax (919) 846.9467
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AGENT AUTHOR{ZAMN FOR1N+ -
ALL BlK'Q a MM IN ,Y EIyYAPiQO]NN?ER
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Isroiect Narne/pe?on.
Date: - -5 The Department of the Army",
U_5- Army Corps of Eng1r,64
Wilmington District
PQ Box 1880
Wilmington, NC 2W2
Attn:
Field Office:
Re.- Wetlands Related Ca"Oing and Permitting
To Whom It May Concern:
1, the current ownal?ef+eby desipnale and sWAorlse Sail _td Emrlr+ortmental
Consultants, Inc. to act in mymj ehalf 48 my agent in the pmewiiain4 of permit appliC"Qns, to
furnish upon naquest SuPpt e1 inforrltation M VAWK W appl iftons, etc. frm this day
forward. Phis the ?7 dsy?iiT AfA l ?4
This notification supersedesz*ly provtaus Cosy OWAerim == 04V the anent for this project.
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Print Owners Name:
cc: Mr. John Domay
NCDEH&NR - DEW`
Water Quality Pta+am?
4401 heady Creek .
Raleigh, NC 27601`'"
Pro°erll>e'0vtret'9 Signature:
Cc: M v CttriS HuySMan
Soil and EnvirOnmettJMhl Consultants. Inc.
S-J!`oh- I.valm)(1c.n & Mapping and tcal AnalVsis M V*Uands Mappb* and Mitrgaiuin Iawrrnnrr„ rrt.,t .?ullr+
On-Site Waste Treatment Systems. Evaluation) and Design
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TOTAL P.02
DWQ ID:
Corps Action ID:
Nationwide Permit Requested (Provide Nationwide Permit #): 12,14,26
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 NC Division of Environmental Management (see agency addresses sheet). PLEASE
PRINT.
1. Owner's Name: Monclair LLC
2. Mailing Address: PO Box 3006
Subdivision Name: Montclair
City: Car
State: NC Zip Code: 27519
Project location address, including subdivision name (if different from mailing address
above): South of Holt Rd. at the intersection of Holt and Jenks Carpenter Rd.
3) Telephone Number (Home): (Work): (919) 467-6935
4) If applicable, agent's name or responsible corporate official, address, phone
number:
Soil & Environmental Consultants, Inc. Phone: (919) 846-5900
244 W. Millbrook Road
Raleigh, NC 27609
5. Location of work (provide a map, preferable a copy of USGS topographic map or
aerial photograph with scale):
County: Wake Nearest town or city: Car
?w y
Specific Location (include road numbers, landmarks, etc.): South of the Holt Rd.
and Jenks Carpenter Rd intersection.
6. Impacted or nearest stream/river: Unnamed tributary to Beaver Creek
River Basin: Cape Fear
7a. Is project located near water classified as trout, tidal saltwater (SA), high quality
waters (HQW), outstanding resource waters (ORW), water supply (WS-I or WS-
II)? YES ? NO ® If yes, explain:
7b. If the project is located within a North Carolina division of coastal management
area of environmental concern (AEC)? YES ? NO
7c. If the project is located within a coastal county (see page 7 for list of coastal
counties), what is the land use plan (LUP) designation?
8a. Have any Section 404 permits been previously requested for use on this property?
YES ? NO ® If yes, provide Action ID number of pervious permit and any
additional information (including photocopy of 401 certification).
8b. Are additional permit requests expected for this property in the future?
YES ( ? ) NO ( ® ) If yes, describe anticipated work:
9a. Estimated total number of acres in tract of land: 25
9b. Estimated total number or acres of wetlands located on project site: -0.5
10a. Number of acres of wetlands impacted by the proposed project by:
Filling: 0.08 (NW 14 and 26) Excavation: 0.15 (NW 12)
Flooding:
Drainage:
Other:
Total acres to be impacted: 0.23
Permanent impacts from utility construction total 0.075
10b. (1) Stream channel to be impacted by the proposed project (if relocated,
provide distance both before and after relocation):
Length before: NW12ft After: NW12ft
Width Before (based on normal high water contours): 75ft
Width After: 75ft
Average depth before: 3 in. After: 3 in.
(2) Stream channel impacts will result from: (check all that apply)
Open channel relocation: M Placement of pipe in channel: 0
Channel Excavation: R Construction of a Dam/Flooding: II
Other: NW 11-crossing oriented perpendicular to flow.
11. If construction of a pond is proposed, what is the size of the watershed draining to
the pond? None proposed
What is the expected pond surface area?
12. Description of proposed work including discussion of type of mechanical
equipment to be used (attach plans 81/2" x 11" drawings only):
Construction of roadway and utilities for a residential development using
equipment typically utilized for such projects.
13. Purpose of proposed work: Construction of a residential subdivision.
14. State reasons why it is believed that this activity must be carried out in wetlands
(include any measures taken to minimize wetland impacts): Minimization
measures include: a perpendicular channel crossing, and avoidance of a wetland
area near the southeastern corner.
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or
National Marine Fisheries Service (NMFS) (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: (attach responses from these agencies).
To be sent by USACE
16. You are required to contact the state historic preservation officer (SHPO) (see
agency address sheet) regarding the presence of historic properties in the permit
area which may be affected by the proposed project. Date contacted: To be sent by
USACE
17. Does the project involve an expenditure of public funds or the use of public (state)
land?
YES ? NO ® 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 answers 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. 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 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 50 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 used of surrounding property? Residential
f. If applicable, what is proposed method of sewage disposal? Sanitary sewer
g. Signed and dated agent authorization letter, if applicable.
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.
'bvvIirer`s/Agent` Si afore
Date
(Agent's signature valid only if
Agent Authorization Letter from
the owner is provided (18 g.))
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