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HomeMy WebLinkAbout7024 Winding Ridge Rd.ROY COOPER Gave MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director James and Linda Chamblee 7004 Winding Ridge Rd. Zebulon, NC 27597 NORTH CAROLINA Erevlraftwental Quality January 14, 2019 Subject: Buffer Determination Letter Determination Date: 1/11/2019 Staff: Zach Thomas RRO #19-002 Wake County Determination Type: Buffer Intermittent/Perennial ® Neuse (15A NCAC 2B .0233) ❑ Tar -Pamlico (15A NCAC 2B .0259) ❑ Intermittent/Perennial Determination (where local buffer ordinances apply) ❑ Jordan (15A NCAC 2B .0267) (governmental and/or interjurisdictional projects) Project Name: 7024 Winding Ridge Rd. Address/Location: 7024 Winding Ridge Rd., Zebulon, NC 27597 Stream(s): Flowers Mill Creek North Carolina Department of Environmental Quality I Division of Water Resources Quality I Raleigh Regional Office 1628 Mail Service Center I Raleigh, North Carolina 27699-1628 919.791.4200 Feature E/I/ Pt Not tzt Subject Subject Start@ Stop@ Soil Survey USGS Topo Stream A X X X (1) E = Ephemeral, I = Intermittent, P = Perennial, NP = Not Present, NA=Not Applicable (2) Refers to riparian buffer rules only. Stream, wetland, or pond impacts are still subject to applicable water quality standards and permitting requirements. Explanation: The stream(s)/pond(s) listed above has been located on the most recent published NRCS Soil Survey of Wake County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked "Not Subject' has been determined to not be an intermittent stream, perennial stream, a pond connected to a stream feature, or the feature is determined not to be present. Stream features that are checked "Subject" have been located on the property and possess characteristics that qualify it to be subject to the buffer rules. There may be other streams located on the property that do not show up on the maps referenced above and are therefore not subject to the buffer rules. However, if the stream features are present on the tract they are subject to all other applicable North Carolina stream standards and permitting requirements as outlined in 15A NCAC 0213, and may be considered jurisdictional according to the US Army Corps of Engineers. This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWR may request a determination by the Director. An appeal request must be made within sixty (60) days of date of this letter. A request for a determination by the Director shall be referred to the Director in writing. If sending via US Postal Service: c/o Karen Higgins; DWR — 401 & Buffer Permitting Unit; 1617 Mail Service Center; Raleigh, NC 27699-1617. If sending via delivery service (UPS, FedEx, etc.): Karen Higgins; DWR — 401 & Buffer Permitting Unit, 512 N. Salisbury Street; Raleigh, NC 27604. This determination is final and binding unless, as detailed above, an appeal is requested within sixty (60) days. This protect may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the US Army Corp of EnEineers (Raleigh Regulatory Field Office) at (919)-554-4884. If you have questions regarding this determination, please feel free to contact: Zachary Thomas at (919) 791-4247. Assistant Supervisor, Water Quality Regional Operations Center cc: RRO DWR File Copy Sarah Menser, Soil Services PLLC (via email: sarah@soilservices.us) �5 North Carolina Department of Environmental Quality I Division of Water Resources Quality I Raleigh Regional Office 1628 Mail Service Center I Raleigh, North Carolina 27699-1628 919.791.4200 7024 Winding Ridge Road Wake County, NC-DWR Project # 19-002 )D 4� NRCS Soil Survey Sheet 23 5r �f o- Wake Co., NC 1970 g :: Locations are approximate F' Legend: and are provided for refer- -project ence only -project boundary '� � ;�, Stream A ✓ NOT SUBJECT J 7024 Winding Ridge Road Wake County., NC-DWR Project # 19-002 'Ceda 'Z J11i'tchell CL Gop � fill Stream A 3 NOT SUBJECT I\ Palls lakex, LANA if LISGS Topographical Map Rolesville Quadrangle 2016 Locations are approximate Legend: > and are provided for refer- ence only -Project boundary December 6, 2018 Project No. 1594-1 James G Chamblee 7004 Winding Ridge Rd Zebulon, NC 27597 RE: DETAILED WETLAND DELINEATION & NEUSE STREAM BUFFER EVALUATION Chamblee Property (Approx. 10.5 Acres) 7024 Winding Ridge Road, Wake County PIN No.1778-86-5372 Dear Mr. Chamblee: On December 5, 2018, Soil Services, PLLC completes a Detailed Wetland Delineation and Neuse Stream Buffer Evaluation on the Chamblee tract located at 7024 Winding Ridge Rd. Exhibit 1 and Exhibit 2 identify the property on the most recent USGS Topographic Map and NRCS Wake County Soil Survey. Surface waters shown on either exhibit are potentially subject to Federal, State and Local regulation. During the evaluation, Soil Services traversed the site establishing areas meeting the criteria for a jurisdictional wetland/waters based on the procedures set forth in the US Army Corns of Ensineers (USACE) Wetlands Delineation Manual (January 1987 — Final Renort). Areas with the presence of hydric soils, wetland hydrology and hydrophytic vegetation were flagged and sequentially labeled. Other jurisdictional (surface) waters such as streams, lakes and ponds were also identified and are subject to regulation by the USACE. The NC Division of Water Resources Water Quality Programs also regulates surface waters that appear on the USGS Topographic Map and/or the NRCS County Soil Survey. Some watersheds, such as the Neuse and Tar -Pamlico, have additional riparian buffer requirements restricting uses directly adjacent to these waters. Surface waters were located/identified and located with a GPS receiving utilizing labels consistent with DWR field techniques. See the Results and Regulations sections for detailed information. Phone: (919) 745-1928 www.SoilServices.us Fax: (919) 251-9053 Soil Services, PLLC Project No. 1594-1 RESULTS Soil Services identified no stream(s), one pond and 0.35 acres of wetland(s) generally account for the jurisdictional waters present on this site. The Delineation Map (Exhibit 3) illustrates the features found during our delineation. Please refer to Regulations sections for additional information. Jurisdictional Waters and Wetlands The jurisdictional waters and corresponding flag labels are found on Exhibit 3. DWR stream forms were completed for each feature (Exhibits 4). The surface waters subject to regulations are: - Feature A — Unnamed Tributary to Fowlers Mill Creek (not present) This feature flows in to Fowlers Mill Creek in the Neuse River Basin, which is classified by DWR as WS-II;HQW;NSW. A field determination by DWR is required to determine subjectivity of each feature Wetlands found on site were determined to be Emergent type wetlands. Data forms describing the characteristics of the wetland and upland areas can be found in Exhibit 5. There are approximately 0.35 acres of wetlands represented by GPS data points W1-W77. The wetlands do not appear to be isolated and are regulated by the USACE and/or DWQ. Wake County Buffers The surfaces waters potentially subject to the Wake County Riparian Buffers include feature features A. No other surface waters are indicated on either the USGS topographic or Wake County Soil Survey maps. Soil Services believes none of the features will be considered subject by Wake County. A site meeting with a representative from Wake County is required to confirm our stream buffer determinations. Water Supply Water Rules The surface waters on site (i.e. perennial stream) potentially subject to the Water Supply Water Rules include feature A. Please be aware that because of the water quality classification on this site, feature name/label will require a state mandated 30-foot or 100-foot riparian buffer, depending upon the impervious surface of the proposed development. No other surface waters on -site are indicated as perennial features on the most recent USGS Topographic Quadrangle. The following table(s) present the assigned label (i.e. A, B, C,1,2,3, etc.) for each feature on the site. Information is also presented regarding the classification of each feature on the USGS Topographic Quadrangle and NRCS County Soil Survey. In addition, the most stringent potential buffer is presented in contrast to the actual buffer width Soil Services believes will be applied. The riparian buffer is measured from the top of bank, landward on each side of the stream. 2 of 4 Soil Services, PLLC Project No. 1594-1 Table 1: Surface water features, classifications, and riparian buffer widths. Possible Expected Classification on Classification on Classified in Field Buffer Buffer. . Feature USGS Soil Survey as Onin• Width .Width A Intermittent `' Perennial Ephemeral/Ditch Throu out 50' 07 ` Pond 1 Not shown Not shown Present' Pi-P22 50, '0, For final site planning, Soil Services recommends the wetlands. and jurisdictional waters., be flagged in the• field as shown on'the sketch 'map, and surveyed. All flags comprising the. wetland and jurisdictional waters delineation should be surveyed and a Wetland Delineation Map generated for use,.in a jurisdictional: determination and permitting by the USAGE_f n and al site planning. The entire' l4ength of each feature was, not flagged, but will need'to ,be survey .located for the Wetland'Delineation,Map: Stream'and pond features. may be located either.along the centerline (with, channel widths; noted at each survey point){' or' at the top -of -bank.. The Wetland Delineation. Map, should include all of the° information listed on the attached "Wetland Delineation Survey Map Requirements:" .�S'oil Service's':, delineation flag numbers, should be shown on the wetland;'survey. ; If you would like Soil Services to, act': on their behalf for requesting approyal,of the wetland delineation, Ooniplet& the Agerit'.Authorization form. This. form will also, be us, 64! in, preparing a,.permit applicatioW for i' mp acts`,tor wetland's, or surface waters when we are provided;;�with a plan show,'ingjthe prop, osimpacts'..SoilServices cannot; conduct correspondence iwith th'e USACE or DWR'unless we liave,:agent authorization: 'This authorization form must be filled out in it' ; 6fitiretyand returned ,.to* Soil Services. J. REGULATIONS Regulations.that.apply to this site are;listed,below. In'the instance of overlapping jurisdiction, the most stringent rules applyi in inost' cases. Soil Services would be happy to discuss how these regulations apply to'this project., Neuse1River Buffer Rules. The Neuse River Basin: Nutrient Sensitive Waters Management Strategy: Protection and Maintenance of Riparian Areas with Existing Forest Vegetation (15A NCAC 2B.0233) rules apply 507foot wide riparian buffers directly adjacent to surface waters in.the Neuse River Basin (intermittent streams, perennial streams, lakes, ponds, and'estuaries), excluding wetlands., The rule defines surface _waters as features approximately shown on either the most recent version of the soil survey map prepared,by the Natural Resource Conservation Service (NRCS) of the US Department of Agriculture ,(USDA) or; the 7.5-minute quadrangle topographic maps prepared by the US Geologic Survey (USGS). Surface waters that appear on these maps are not subject.only if an on -site determination by the NC Division of Water Quality (NC-DWQ) shows that they fall into one of the following categories: 1) Ditches and manmade conveyances other than modified natural streams; 2) Manmade ponds and lakessthat are located outside natural drainage ways; or 3) Ephemeral (stormwater) streams. J 3 of,4 Soil Services, PLLC Project No. 1594-1 Wake County Buffers As part of the Stormwater Control, Management, and Water Course Buffer Regulations of Wake County, North Carolina, Wake County has adopted riparian buffer requirements. These regulations include the establishment of 50 foot wide riparian buffers directly adjacent to surface waters within Wake County's Planning Jurisdiction, excluding wetlands. Surface waters shall be considered to be present if the feature is shown on the most recent version of the USDA Soil Survey of Wake County, North Carolina or the most recent version of the 7.5-minute USGS topographic quadrangle. Where conflicts between field conditions and Wake County Soil Survey and USGS maps exist, appeals may be made to the North Carolina Division of Water Quality (NC-DWQ) if the site is in the Neuse River Basin, or directly to the Wake County Department of Environmental Services — Erosion, Flood & Stormwater Division for sites in the Cape Fear River Basin. Wetland Permitting Please note that new Nationwide Permits were issued by the USACE on March 19, 2017. The USACE Wilmington District issued revised Regional Conditions for the 2012 Nationwide Permits on March 19 and September 17, 2012 and remain in effect for the 2017 Nationwide Permits. Therefore, the USACE may once again review requests for impacts to jurisdictional waters. Due to the complexity of these revisions, we recommend you forward a conceptual site plan to our office for review by one of our permitting specialist, who can best advise you of the specific permitting needs as you progress through the planning process. Generally, wetland impact permits are issued on a per -project basis as determined by the USACE. The USACE has determined that impacts on parcels sub -divided from larger tracts are sometimes considered to be cumulative to existing impacts for the large tract. If this is the case, then thresholds for notification may not apply to your project and impacts to streams/wetlands must be considered in light of existing permits. CONCLUSION The wetland delineation and stream buffer evaluation for the Chamblee Property was completed by Soil Services on December 5, 2018. This site contains jurisdictional streams and wetland areas that that may require preconstruction authorization for impacts, depending on the size and nature of the impact (i.e. road construction, lot fill, stormwater pond construction, etc.). USACE and NC DWQ verification of our site assessment should be obtained. Following verification meetings with regulatory agencies, the next step in the stream and wetland identification and permitting process is to obtain a field survey of our delineation for formal approval by the USACE. Upon completing the survey, these site constraints may then be integrated into planning for property development. Sincerely, Sarah I. Menser Soil Services, PLLC 4of4 Exhibit 1 "16 GRAPHIC SCALE 1"=300' 300 0 300 600 SOIL SERVICES, PLLC PO BOX 91115, RALEIGH, NC 27675 OFFICE: (919) 745-1928 FAX: (919) 251-9053 WWW.SOILSERVICES.US 0.'1. ag s s� Sheet Title. USGS TOPOGRAPHIC MAP Project: 7024 WINDING RIDGE RD Location: Client: WAKE CO., NC TJames G Chamblee Project No.: 15941 'rojec! Drawn: Nonage, SM SM 9cy�; FieM Wonc: 1':300' SM iheet No.: 1 of 1 5 p�C Aw GRAPHIC SCALE 1"=300' 300 0 300 600 SOIL SERVICES, PLLC PO BOX 91115, RALEIGH, NC 27675 OFFICE: (919) 745-1928 FAX: (919) 251-9053 WWW.SOILSERVICES.US 0 17kM Project No.: 1594-1 NRCS COUNTY SOIL SURVEY 9er Drawn: SM SM Scale: Field Work: 7024 WINDING RIDGE RD 1-t300' SM Sheet No.: "e"` 1 of 1 WAKE CO., NC James G Chamblee Exhibit 3 GRAPHIC SCALE 1" = 100' 100 0 100 200 /O gOIL SCr� ZE R?N GP 12/6/18 PRELIMINARY WETLAND APPROXIMATION SUITABLE FOR PRELIMINARY PLANNING PURPOSES ONLY SOIL SERVICES RESERVES THE RIGHT TO MODIFY THIS MAP BASED ON MORE FIELDWORK, SURVEYED DELINEATIONS AND ANY OTHER ADDITIONAL INFORMATION. APPROXIMATIONS WERE MAPPED USING TOPOGRAPHIC MAPS AND GROUNDTRUTHING. IF THESE AREAS ARE TO BE USED, THEY MUST BE APPROVED AND PERMITTED BY THE US ARMY CORPS OF ENGINEERS AND NCDWR. THIS IS NOT A SURVEY LEGEND JURISDICTIONAL WETLANDS/LINEAR WETLANDS [must be confirmed by the USACE] CULVERT Sh- r*: Project W.: 1590.1 WETLAND & STREAM EVLAUATION P ° SOIL SERVICES, PLLC P.je: Sp e: "IFieIEWOAc PO BOX 91115, RALEIGH, NC 27675 7024 WINDING RIDGE RD 1700, SM OFFICE: (919) 745.1928 FAX: (919) 375-3969 s.al M. : WWW.SOILSERVICES.US L—b.; cuen0 1 Of 1 WAKE CO., NC JIM CHAMBLEE NC DWQ Stream Identification Form Version 4.11 Date:12-5-18 Project/Site: Chamblee Latitude: 35.9094440 Evaluator: Sarah Menser County: Wake Longitude:-78.396681 ° Total Points: Stream is at least intermittent 2.5 Stream Determination (circle one) Ephemeral Intermittent Perennial P Other e. Quad Name: Rolesvi l le 9 if >_ 19 or perennial if >_ 30' A. Geomorphology (Subtotal = 1 ) Absent Weak Moderate Strong 1a. Continuity of channel bed and bank 0 ❑ 1 ✓❑ 2 ❑ 3 ❑ 2. Sinuosity of channel along thalweg 0 ❑✓ 1 ❑ 2 ❑ 3 ❑ 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 ❑✓ 1 ❑ 2 ❑ 3 ❑ 4. Particle size of stream substrate 0 ❑✓ 1 LJ 2 3 ❑ 5. Active/relict floodplain 0 ❑✓ 1 ❑ 2 ❑ 3 ❑ 6. Depositional bars or benches 0 7/1 1 0 2 3 7. Recent alluvial deposits 0 ✓ 1 1 ❑ 2 ❑ 3 8. Headcuts 0 ✓ 1 ❑ 2 3 9. Grade control 0 ❑✓ 0.5 1 1.5 ❑ 10. Natural valley 0 ✓❑ 0.5 1 ❑ 1.5 ❑ 11. Second or greater order channel No = 0 ❑✓ Yes = 3 ❑ artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = 1.5 ) 12. Presence of Baseflow 0 ❑✓ 1 ❑ 2 ❑ 3 ❑ 13. Iron oxidizing bacteria 0 ✓ 1 2 3 LJ 14. Leaf litter 1.5 ✓ 1 0.5 0 15. Sediment on plants or debris 0 ✓ 0.5 1 1.5 16. Organic debris lines or piles 0 ✓ 0.5 1 1.5 17. Soil -based evidence of high water table? No = 0 Yes = 3 G. Biology Subtotal = o 18. Fibrous roots in streambed 3 1 1 2 1 LJ 0 ✓ 19. Rooted upland plants in streambed 3 2 1 0 14 20. Macrobenthos (note diversity and abundance) 0 ✓ 1 2 3 21. Aquatic Mollusks 0 ✓ 1 2 3 22. Fish 0 ✓ 0.5 1 1.5 23. Crayfish 0 ✓ 0.5 L 1 1.5 24. Amphibians 0 P/1 0.5 L 1 1.5 25. Algae 0 2/1 0.5 1 1.5 26. Wetland plants in streambed OFACW = 0.75QJBL = 1.5QJther = 0 'perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: Drainage Ditch