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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 T-T 4" 3W ?EHNFi 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 "U CSS 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. (a3 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, uysm 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 • Soil & Envirotim- entml Consultan#s, Inc. 244 West Milllbrook Road u bleigh, Nodh Catolins 276W 5 (919) 846-5900 N Fax (919) 846.9467 r t AGENT AUTHOR{ZAMN FOR1N+ - ALL BlK'Q a MM IN ,Y EIyYAPiQO]NN?ER -- ?? v?lT CSR 11Z- -? t•'c' K ?1C' 275'1 (ate 4k 4• /1//5 AdCe ss: Adas: P 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. ?°N 7'?? t tZ L GC 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 .t , 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.)) oil 'f! ? ?_?t r ? r3 '? ? .?4.. pj. ? s. F ' t . ."•z ? ; ? 1.,,? / k•.. '?E.i-? -. T?. " t ? _ •As-1.w ?? tea ?.. t . ? - M 1 .ti is Qs ?1 0ip M? N dt I W '? s? e '! 1 ! 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