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
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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
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