HomeMy WebLinkAbout19970770 Ver 1_COMPLETE FILE_19970908State of North Carolina
Department of Environment, M18MA IT Health and Natural Resources • •
Division of Water Quality ,
rvr-
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary C) E H N F=1
A. Preston Howard, Jr., P.E., Director
October 27, 1997
Harnett County
DWQ Project # 970770
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Michael Womble
BTW Development Co., Inc.
Post Office Box 547
Dunn, NC 28335
Dear Mr. Womble:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
material in 0.71 acres of wetlands or waters for the purpose of constructing an apartment complex at Hwy
55 in Angier, as you described in your application dated September 22, 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. Deed notices, conservation easements or similar mechanisms shall be placed in all lots with remaining
ire 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. Applicant is reminded that if total wetland fill for this development exceeds one acre then wetland
mitigation will be required by DWQ. Total fill is now 0.96 acres for DWQ #970770 and 970697 if the
Corps of Engineers considers them to be the same project.
3. Stormwater shall be directed to sheetflow across remaining wetlands rather than directly discharge it to
stream channels.
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.
4Ion Howard, Jr. P. .
Attachment
cc: Wilmington District Corps of Engineers
Cotes of Engineers Wilmington Field Office
Fayetteville DWQ Regional Office
Mr. John Domey
Central Files
9707701tr
Division of Water Quality - Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959
An Equal Opportmity Affirmative Action Employer - 50% recycledtl0% post consumer paper
MEMORANDUM PRINT NAMES:
Reviewer:,)
TO: 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: 0000770 COUNTY: HARNETT
APPLICANT NAME: BTW DEVELOPMENT
PROJECT TYPE: RESIDENTIAL CONST PERMIT TYPE: COE
COE #: DOT #:
RCD_FROM CDA: COE DATE_FRM__CDA: 09/08/97
REG OFFICE: FRO
RIVER AND SUB BASIN J: a 3 ow STR INDEX N0:
STREAM_CLASS :
WL_IMPACT?: Y/N
WL_REQUESTED: , V *r-
WL_SCOREM : 47
MITIGATION?: Yk
'
it cp
WL_TYPE :
i
WL _ACR _EST? : (!DN
WATER IMPACTED BY FILL?: Y 6T
MITIGATION-TYPE: W/4_
MITIGATION_SIZE:I"IA- DID YOU REQUEST MORE INFO?:
IS WETLAND RATING SHEET ATTACHED?:tom"
HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?: Y/C
RECOMMENDATION (Circle One): ISSUE SSUE/CON DEIV
, I 1* .1
COMMENTS:
CC: Regional Office
Central Files
Project N_amp
County ?i
Name of evaluator
?
Nearest Road 5-5
Wetland Area z -5 acres Wetland Width 3"`a- -`K' feet
/G Date _ 1,9 16
Wetland Location
Adjacent land use
(within 1/2 mile upstream, upslope, or radius)
on pond or lake
on perennial stream _ forested/natural vegetation %
won intermittent stream ?agriculture, urban/suburban I'S
within interstream divide impervious surface s_ %
other
Dominant vegetation
Soil series (1) J `rJh `?` l?? C 4 ` _
predominantly organic - humus, muck, I (2) ?`? "'''"?` ` ?°?'??a 2D?` ?' ` w
or peat
predominantly mineral - non-sandy
?" predominantly sandy
Hydraulic factors
steep topography
ditched or channelized
ditched
wetland width a 100 feet
Wetland type (select one)*
Bottomland hardwood forest
1ZHeadwater forest
Swamp forest
Wet flat
Pocosin
(3)
Flooding and wetness
semipermanently to permanently
flooded or inundated
`seasonally flooded or inundated
intermittanly flooded or temporary
surface water
no evidence of flooding or surface water
Pine savanna
Freshwater marsh
Bog/fen
Ephemeral wetland
Carolina Bay
Bog forest Other
*the rating system cannot be applied to salt or brackish marshes or stream channels
R
A
T
I
N
G
Water storage
_ x
- x
Bank/Shoreline stabilization
Pollutant removal * x
Wildlife habitat x
Aquatic life value x
weight
4.00-
4.00-
5.00 =
2.00 =
4.00 =
Recreation/Education x 1.00 =
4:Y
Wetland
*Add 1 point if in sensitive watershed and >10% nonpoint disturbance within 112 mile upstream,
_ uJ?slo_pe? or radius___
BTW Development Company, Inc.
1207 West Cumberland Street
Post Office Box 547
Dunn, North Carolina 28334
(910) 892-7114
Fax(910)892-4418
September 22, 1997
North Carolina Division of Water Quality
4401 Reedy Creek Road
Raleigh, NC 27607
Dear Sirs:
97 0'7"7
.(,L:/VED
SEP 2 T 1997
E1VVIR1)AJMEA1rgLSC&VCE8
Please find enclosed seven copies of the "Pre-Construction Notification Application"
complete with all attachments and a large, scaled (1"=100') map as a result of your letter
dated September 16, 1997.
This project consists of the construction of townhomes in the town limits of Angier, NC
with a total wetland impact of approximately 0.71 acres. This property does not contain a
stream or pond. It is merely a low area that collects runoff from Highway 55 on the
southern town limits of Angier.
As you can see from the preliminary site plan enclosed, great care has been taken in the
design of the project so as to avoid impacting the middle areas of the wetlands. No
building is located entirely within wetland areas. Instead, impacts only occur on the
outside edges or those "fingers" of wetland areas that extend into the dry areas.
Therefore, the greatest portion and primary shape of the wetlands remain unchanged. No
further development will occur in the remaining undeveloped areas.
This property has been delineated by a professional soil scientist and approved by Mr.
Alan Davis with the Wilmington Regulatory Field Office of the US Army Corp of
Engineers. This delineation is shown on the enclosed maps. Should you have any
questions regarding the delineation, Mr. Davis may be reached at (910) 251-4511.
Your letter requests copies of all previous approvals for wetland fill for this property.
Development has not yet begun on this property. As our application states, there have
been no approvals for wetland fill for this property. However, approvals have been
received for wetland fills (total impact of 0.25 acres) for an adjacent parcel which are
enclosed. While the wetland areas on this property (townhome project) are shared by the
adjacent parcel, the development of the adjacent parcel did not impact this wetland area.
I hope this provides adequate information to consider this request. Please don't hesitate
to contact me should you require further details regarding the project.
Sincere y yours,
Michael H. mble
le??
BTW Development Company, Inc.
cr
DEM ID:
CORPS ACTION ID:
)VEQ
SEP 2 1997
ENV/RnlVMFN74
L SC?IVCES
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT !)):
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 N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAME:
MAILING ADDRESS:
CITY: Dunn
BTW Development Companv. Inc.
P.0. Bo
STATE:
SUBDIVISION NAME: Brookwood
NC ZIP CODE: 28335
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE): P.rookwood Townhomes, Highway 55 South,
Angier, NC 27501
3. TELEPHONE NUMBER (HOME): 910) 892-6418 (WORK) : (910) 892-7114
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: Michael H. Womble, P_n_ Box 547, limn, NO 28335
(910) 892-8327
S. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE)
__
)UNTY : Harnett _ _ NEAREST "TOWN OR CITY: Angier---N-G----
/ SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
Located just inside the southern boundry of the Angier Town limits
on Hiwhwav 55.
6.'.IMPACTED OR NEAREST STREAM/RIVER: glank Ri?rar
RIVER BASIN: Cape Fear River
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIE^ AS TROUT, TIDAL SALTWATER
(SA), HIGH QUALITY W TERS 040W), OUTSTANDING RESOURCE WATERS (ORW),
WATER SUPPLY (WS-I OR WS-II)? YES [ ] NO [X? IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO [X?
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR
LIST OF COASTAL COUNTIES), WHAT IS THE LAND USF PLAN (LUP)
DESIGNATION?
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES 1xk NO [ ] IF YES, PROVIDE ACTION I.D. NUMBER
OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY
OF 401 CERTIFICATION): Adjacent Parcel-ID#199707930, 199707929
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [XM NO [ J IF YES, DESCRIBE ANTICIPATED WORK:
Permit will be regested for an impact not expected to exceed 2,000
square feet for a sanitary sewer crossing.
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 8,33 acres
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT
--
SITE: 1.92 acres
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: Approx 0.71 EXCAVATION:
FLOODING:
DRAINAGE:
OTHER:
TOTAL ACRES TO BE IMPACTED: Anrox 0.71
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION):
LENGTH BEFORE: N/A FT AFTER: FT
WIDTH BEFORE (based on normal high water contours): FT
WIDTH AFTER:
AVERAGE DEPTH BEFORE: FT AFTER: FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT
APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE
WATERSHED DRAINING TO THE POND"? N/A
WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS
ONLY) : Fill for the purpose of constructing residen i
townhomes. Typical. earth-moving equipment is anticipated to be
used. -
13- PURPOSE OF PROPOSED WORK: Fill areas for the purp ose oi'
constructing foundation pad for the ultimate construction of a
residential townhome in the Angier town limits.
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE
WETLAND IMPACTS):
See attachment.
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE SNMFS) (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: 1VOne.
RESPONSES FROM THESE AGENCIES.)
(ATTACH
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION
OFFICER (SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF
HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE
PROPOSED PROJECT. DATE CONTACTED: None.
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE
USE OF PUBLIC (STATE) LAND?
YES [) NO kk (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 ANSWER 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. CHRIS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-80GSf TELEPHONE (9i9) 733-6369.
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH TI4IS 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
SO 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 USE OF SURROUNDING PROPERTY?
Residential and Farming.
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
Town sanitary sewer.
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICAE[J.'.
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.
• - .r
BTW Development C-0., InC°-
OWNER'S/AGENT'S SIGNATURE
DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
BTW Development Company, Inc.
Attachment to Pre-Construction Notification Application
Page 4, Question 14
The property is ideally suited for residential development because of its proximity to
major travel arteries, its location inside the town limits of Angier, and the adjacent
residential development. Residential areas exist both north, south and west of the
proposed development. Highways 55 and 210 are the primary north-south and east-west
arteries to Raleigh, Dunn, Smithfield, and Lillington.
There appears to be an adequate amount of suitable, dry area for the construction of
roads, and the wetland impacts primarily result from the street right-of-ways, portions of
buildings, and building setbacks. The remaining wetland areas provide a natural buffer
between this proposed project and adjacent projects. No further development would
occur in the remaining undeveloped areas.
During the design phase, great care was taken in the placement of buildings and roads so
the only impacts to the wetlands would be to the "fingers" extending into the dry areas or
its outside edges. Impacts to the middle areas of the wetlands were avoided. No building
proposed by the project is located entirely within wetland areas. By designing this
project in such a manner, the greatest portion and primary shape of the wetlands remain
unchanged.
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KNYDIYIKION MAP FOR Q ?g g
B.T.W. DEVELOPMENT 00DWINJORD?AN-THWAA39OCI P.A.
CO., INC. SURVSYIIWO; &PLAMOM
3 a?
BLACK RrM "ARNETT P.O. BOX 249 DUNN. N.C. 2833
TOWN&W COUNTY DUNK PH. (910) M3139 PAYE. PH (00) 483-1489
ANWR, NORTH CAROUNA