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HomeMy WebLinkAbout19970883 Ver 1_COMPLETE FILE_19971015State of North Carolina Department of Environment, Health and Natural Resources • • Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary H N F? A. Preston Howard, Jr., P.E., Director December 1, 1997 Wake County DWQProject #970883 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Mr. William Miller Hawkeye Building Co. 8324 Six Forks Road Raleigh, NC 27615 Dear Mr. Miller. You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 0.17 acres of wetlands or waters for the purpose of constructing an apartment complex (Western Wake Condos Project) at SR 1300 and SR 1009 as you described in your application dated October 14, 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. D;-ed notices, conservation easements or similar mechanisms shall be placed in all lots •ooith remaining jurisdictional 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. As required by 15A NCAC 2B..0233, a 50 foot undisturbed buffer of forest vegetation must be maintained along all intermittent and perennial streams as well as lakes and ponds on this property. 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. Sincerely, Pn o Jr. P. Attachment Division of Water Quality • Non-Discharge Branch 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office Raleigh DWQ Regional Office Mr. John Dorney Central Files Steve Roberts; Soil and Environmental Consultants KEMORANDUM PRINT NAMES: Reviewer: r0: 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: 0000883 COUNTY: WAKE APPLICANT NAME: WESTERN WAKE CONDOS PROJECT TYPE: APARTMENT CONSTRUCT PERMIT-TYPE: NW26 COE_#: DOT #: RCD_FROM _CDA: APP DATE_FRM_CDA: 10/15/97 REG OFFICE: RRO DIVER AND SUB BASIN J: 030402 STR INDEX N0: 27-43-28 STREAM CLASS: WSIII WL_IMPACT?:N //WL_REQUESTED : WL S CORE M : MITIGATION?: Y/6) WL TYPE . WL_ACR_EST?: fiN WATER IMPACTED BY FILL?: Y/6) MITIGATION TYPE: AqV MITIGATION-SIZE: 4"It DID YOU REQUEST MORE INFO?: Y/?;- IS WETLAND RATING SHEET ATTACHED?: Y/6) HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?: Y/N RECOMMENDATION (Circle One): I0 ISSUE/COND DENY siy7V CC: Regional Office Central Files Soil & Environmental Consultants, Inc. 244 West Millbrook Road ¦ Raleigh, North Carolina ¦Q19) 846-5900 ¦ Fax (919) 846-9467 i VtD ENV1RnniA4F,JT-4C SCIENCE, 970883 NCDEH&NR-DWQ Attn. Mr. John Dorney 4401 Reedy Creek Rd. Raleigh, NC 276607 October 14, 1997 Job # 97-3261 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 Permit (Western Wake Condos Project). Dear Mr. Dorney and Mr. Alsmeyer: The purpose of this letter is address the concerns stated by Mr. Colwell of the NC- DEHNR in the attached letter and to notify you of our client's intention to utilize Nationwide Permit 26 for a total of 0.17 acre of wetland impact resulting from construction of office condominiums. The project is owned by Hawkeye Building Company and is located in Cary, NC (Wake County) (see Vicinity Map). The wetland area, in which impacts are proposed, has been evaluated by S&EC with regard to the "Minor Impact Test" of the Corps and the "Significance Test" of DWQ. Since the jurisdictional areas in question are influenced by intermittent stormwater flow, and they do not contain characteristics of major impact areas (i.e. pool/riffle complex, gravel, aquatic life, etc.), we believe that all proposed impacts should be counted toward the Nationwide Permit acreage thresholds and be considered exempt ofinitig&tiog. Additionally, we suggest buffer requirements. The buffered areas, but no im believes that this project regulations, since subs is evidenced by the date Please call if you have qi [at the project not be subjected to the Neuse Basin riparian ctual stream (Long Branch) on site does meet the criteria for icts to it or its buffers are proposed. Furthermore, S&EC rnld be considered exempt from the Neuse Basin Buffer al progress was made prior to July 22. Proof of this progress Mr. Colwell's letter (4-7-97). stions, or if you would like to perform a site visit. Sincerely, ?- l "VeRrts Biologist Attachments: Letter from Peter Colwell of the NC-DEHNR "7 ? Soil/Site Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Environmental Audits On-Site Waste Treatment Systems, Evaluation and Design U6/Ua/.7( UV. ad VAA .71.7 0!u louts State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James EL Hunt, Jr., Govamor Jonathan s Howes, Secretary A. Preston Howard, Jr., RE, Director Mr. Bill. Miller Hawkeye Construction Company 185-103 Windchime Court Raleigh,. NC 27615 Re: Western Wake Office Condos Dear Mr. Miller: VLAl11iLl VLV 1V1. ApiR 7, 1997 ;:. ' frier t?? H N F1 The Division of Water Quality (DWQ) has learned of your plans to develop an office park off Keisler Drive and along Long Branch Creek in Cary. Your preliminary plans for the Western Wake Office Condos show almost total build out of the property above the 100 year flood boundary on the property. You should be aware that the Division has identified jurisdictional wetlands on the property within the flood plain of Long; Branch Creek. These wetlands are not shown on the preliminary plans that we have reviewed for your project. Therefore it is difficult to tell if there are any impacts to the wetlands proposed in your development plans. You should contact the Raleigh Field Office of the US Army Corps of Engineers (USACOE) at 876-8441 to verify the extent of wetlands on the property and to see if any Federal 404 permits are needed for your project. If you do need authorization from the USACOE then you may also need a 401 Water Quality Certification from this office. DWQ is also concerned about the potential stormwater runoff that will likely come off this site and impact Long Branch Creek.. The plans we reviewed do not show any stormwater control measures. A wet detention pond may be required by this Division if there are any wetland impacts: Should you have any questions concerning this matter please feel free.to contact me or John Dorney at 733-1786. Sincerely; Peter Colwell Environmental Specialist cc: USACOE, Raleigh Field Office DWQ, Raleigh Regional Office Cary Planning Office John Dorsey, DWQ Central Office Miiler.ltr A.O. Box 2953.5, Raleigh, NOdh Carolina 27828.0535 Telephone 919.733-9960 FAX # 733-9919 M r?*WCW0(UftMkmst v9 A don gmPk'y,a` 60% 0%post a0M=W paper DWQ ID: Corps Action ID: Nationwide Permit Requested (Provide Nationwide Permit ft 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: Hawk eye Building Co. 2. . Mailing Address: 8324 Six Forks Rd. Raleigh, NC 27615 Project location address, including subdivision name (if different from mailing address above): 0.28 miles east of the SR 1300/SR 1009 intersection in Cary, NC. 3) Telephone Number (Home): (Work): 4) If applicable, agenFs 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: Cary f Specific Location (include road numbers, landmarks, etc.): 0.28 miles east of the SR 1300/SR 1009 intersection in Cary, NC 6. Impacted or nearest stream/river: Long Branch River Basin: Neuse 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 E] 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? NA 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: 20+ 9b. Estimated total number or acres of wetlands located on project site: 1.5+ 10a. Number of acres of wetlands impacted by the proposed project by: Filling: 0.17 Excavation: Flooding: Drainage: Other: Total acres to be impacted: 0.17 10b. (1) Stream channel to be impacted by the proposed project (if relocated, provide distance both before and after relocation): Length before: 412ft After: NAft Width Before (based on normal high water contours): aft Width After: NAft Average depth before: 3" After: NAft (2) Stream channel impacts will result from: (check all that apply) Open channel relocation: n Placement of pipe in channel: n Channel Excavation: n Construction of a Dam/Flooding: Other: Fill 11. If construction of a pond is proposed, what is the size of the watershed draining to the pond? 3.7 acres What is the expected pond surface area? 4300 ft2 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 office condominiums using typical equipment. 13. Purpose of proposed work: To establish additional commercial office space in the town of Cary, NC. 14. State reasons why it is believed that this activity must be carried out in wetlands (include any measures taken to minimize wetland impacts): In order to effectively utilize the tract for commercial development, wetlands must be impacted. 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). Handled 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: Handled 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? Commercial 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. Owner's/Agent' s Signature Date (Agent' s signature valid only if Agent Authorization Letter from the owner is provided (18 g.)) -Mona Soil & Environmental Consultants Inc. 244 West Millbrook Road ¦ Raleigh, North Carolina 27609 ¦ (919) 846-5900 ¦ Fax (919) 846-9467 - AGENT AUTHORIZATION FORM - ALL BLANKS TO BE FILLED IN BY CURRENT LANDOWNER Name: C'1_9. Address: Address: Phone: G Z G . 5 Project Name/Description: sL is? . cv_ j Date: - .2 The Department of the Army U.S. Army Corps of Engineers Wilmington District PO Box 1890 Wilmington, NC 28402 Attn: r?? SMNlVtI? Field Office: Re: Wetlands Related Consulting and Permitting To Whom It May Concern: I, the current Property owner, hereby designate and authorize Soil and Environmental Consultants, Inc. to act in my behalf as my agent in the processing of permit applications, to furnish upon request supplements nform tion i support of a plications, etc. from this day forward. This the ? day of .ci l This notification supersedes any previous correspondence co ceming the agent for this prof ct. I Print Owners Name: b4 o e Owners ig ature: cc: Mr. John Domey NCDEH&NR - DEM Water Quality Planning 4401 Reedy Creek Road Raleigh, NC 27607 cc: Mr. Chris Huysman Soil and Environmental Consultants, Inc. S?nllS?tr }:valuation ¦ Mapping; and I'hvsical Analysis ¦ Wetlands Mapping and Mitigatu,t ¦ knvirc?nniental AL]dlt,. On-Situ Waste Treatment Svstrms. Evaluation and Design 41 o > O Z I v v D m m % 0 O c I v 1? \ to 1 \ O 1 pi= Q, 1 a * S I / jpA? A ....:. z rk 1 z O 2 O uV) C V r Z s -4 8 v /i ; ? r 1 ?`..O I1 I illy: r ' j? a 111 ; i `4 . i a r 1 / F.(i i a /i r \ / ? I I /1 IIr //?? / r Y/? Delineation Performed by: Soil & Environmental Consultants, Inc. 244 West Millbrook Road 23116th Avenue NE Raleigh, NC 27609 Hickory, NC 28601 Phone: (919) 846-5900 Phone: (704) 322-6700 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: Western Wake Condos Date: 8-8-97 Applicant/Owner: Hawkeye Construction Co. County: Wake Investigator: Steve Roberts State: NC Do normal circumstances exist on the site? Yes Is the site significantly disturbed (Atypical situation)? Is the area a potential problem area? (If needed, explain on reverse.) VEGETATION Dominant Plant Species Stratum Indicator 1.Acer rubrum Canopy FAC 21iridendron tulipifera Canopy FAC 3.Quercus alba Canopy FACU 4.Liquidambar styraciflua Canopy FAC+ 5.Cornus Florida Shrub FACU 6.Smilax rotundifolia Vine FAC 7.Vitis rotundifolia Vine FAC 8.Tipularia discolor Herb FACU Community ID: Bottomland Hardwood No Transit ID: No Plot ID: Dominant Plant Species Stratum Indicator 9. Polystichum acrosticoides Herb FAC 10. 11. 12. 13. 14. 15. 16. Percent of dominant species that are OBL, FACW or FAC (excluding FAC-): 55% Remarks: HYDROLOGY Recorded Data (describe in remarks) Stream, Lake or Tide Gauge Aerial Photographs Other X No recorded Data Available Field Observations: Depth of Surface Water: Depth to Free Water in Pit: (in.) Depth to Saturated Soil: >24 (in.) (in.) Wetland Hvdrologv Indicators: Primarv Indicators: Inundated Saturated in Upper 12 Inches Water Marks Drift Lines Sediment Deposits Drainage Patterns in Wetlands Secondary Indicators: (2 or more required) Oxidized Root Channels in Upper 12 Inches Water-Stained Leaves Local Soil Survey Data FAC Neutral Test Other (explain in remarks) Remarks: SOILS Map Unit Name (Series and Phase): Wehadkee silt loam T %% e- Taxonomy (Subgroup): Fluvaquents Profile Description: Drainage Class: Poorly Field Observations Confirm Mapped Type? No Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (ins.) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure etc. 0-7 A 10YR 5/3 silt loam 7-12 BA 10YR 7/2 10 YR 4/3 many/distinct silty clay loam Hydric Soil Indicators: Histosol Histic Epipedon Sulfidic Odor X_ Aquic Moisture Regime _X_ Reducing Conditions _X_ Gleyed or Low-Chroma Colors Remarks: Wetland Determination Concretions High Organic Content in Surface Layer in Sandy Soil Organic Streaking in Sandy Soils _X_ Listed on Local Hydric Soils List _X Listed on National Hydric Soils List Other (explain in remarks) Hydrophytic Vegetation Present? Yes Wetland Hydrology Present? Yes Hydric Soils Present? Yes Is This Sampling Point Within a Wetland? Yes a State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., G ove mor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director April 7, 1997 Mr. Bill Miller Hawkeye Construction Company 185-103 Windchime Court Raleigh, NC 27615 Re: Western Wake Office Condos Dear Mr. Miller: EDO EHNF=?L The Division of Water Quality (DWQ) has learned of your plans to develop an office park off Keisler Drive and along Long Branch Creek in Cary. Your preliminary plans for the Western Wake Office Condos show almost total build out of the property above the 100 year flood boundary on the property. You should be aware that the Division has identified jurisdictional wetlands on the property within the flood plain of Long Branch Creek. These wetlands are not shown on the preliminary plans that we have reviewed for your project. Therefore it is difficult to tell if there are any impacts to the wetlands proposed in your development plans. You should contact the Raleigh Field Office of the US Army Corps of Engineers (USACOE) at 876-8441 to verify the extent of wetlands on the property and to see if any Federal 404 permits are needed for your project. If you do need authorization from the USACOE then you may also need a 401 Water Quality Certification from this office. DWQ is also concerned about the potential stormwater runoff that will likely come off this site.and impact Long Branch Creek._ The plans we reviewed do not show any stormwater control measures. A wet detention pond may be required by this Division if there are any wetland impacts. Should you have any questions concerning this matter please feel free to contact me or John Dorney at 733-1786. n Sincerely, re cc: USACOE, Raleigh Field Office DWQ, Raleigh Regional Office Cary Planning Office John Dorney, DWQ Central Office P.O. Box 29535, Raleigh, North Carolina 27626-0535 Peter Colwell Environmental Specialist Telephone 919-733-9960 NEller.ltr FAX # 733-9919 An Equal Opportunity Affknadlve Aeaon Employer 501/6 recyckW1o01e pose consumer paper Kerry Zbicz 119 Thornewood Dr Cary, NC 27511 March 28, 1997 RECEIVED OR 01 1997 -CWIR'? VWNTAL SGT , wft Mr. Peter Coldwell Division of Water Quality 4401 Reedy Creek Rd. Raleigh, NC 27607 Dear Mr. Coldwell: I am enclosing the site plan for the Hawkey subdivision as you requested. It appears that the developer will encroach on the flood plain and possibly affect the wetlands you described. These plans are from the initial submission and will eventually be revised. The town planning staff indicated that the developer will need to control runoff because of the size of the impervious area. I am not sure of the mechanism they will use to address this issue, but I am concerned that it will disrupt the wetlands. The property in question is being developed by Bill Miller, of the Hawkey Construction Company. The address is: Hawkey Construction Company 185-,103 Windchime Ct., Raleigh NC 27615 Sincerely, Kerry L. Zbicz Enclosure: 1 ?bL- 0/1-10(1 A49IS7 (J /, 7Y v1 V 7P -71i V / / VCJ?.?11 S-,/M i NouonHISNO0 UOd 03SV313U ION kUVNIW113Ud NV Id t0NDIVJLS 311S A x > r ?t ! mgwp h ti y..y j1 ffiFhW?zzo fi? v oil flo ti O i W Z S ? 'I ae C Q ? oe Q _. a a b§ai C a a g O a `? WQ Wp O o'er` C J q W w}r' a W < W p W ti oOC WK n O J a \o rn ID a) N W I-- K Q st LJ 1 O ^ Q CL H to h 1 O M , W M N Z I... G •U 1 z °J3 1 i `Q - - .-?- d/d Mrsz??`8`S olJl / / U. / fy W W CO x a, N ° an y °WPT 1 \h a 'b13 I ,.• ?' ? W ? i ? i ?`+ ? Ie I ?a \ 1 I ------------- ? c ? r??p ? ` ?O ? w , Y r J Q V 4 Q r sII Z l,j < N b U II?? I III I -a ?? ?I?'1 01M001 3,.90.LZZION >y a¢a°? ` ? F W ?° u N a?-a u?W a ?Z c WQ 3 , I 4 T ? % % ZZ 1, \\ I ln,_ ? 1. yam, ? \\ ??, ? l / '_I?2 ? J yy 7n\. ^y\i fi m v U C ? U-a 3 W N O Z ? 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