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HomeMy WebLinkAbout19990770 Ver 1_COMPLETE FILE_19990706State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director 1 ? • A 060049k NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES August 27, 1999 Wake County DWQ Project # 990770 APPROVAL OF 401Quality Certification and ADDITIONAL CONDITIONS and Neuse River Buffer Rules Nathan Adams, Jr. 3522 Cleveland Road Smithfield, NC 27577 Dear Mr. Adams: You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 0.22 acres of wetlands for the purpose of constructing the Adams Creek development, as you described in your application dated July 15, 1999. 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 the Corps of Engineers issues it. This approval is also valid for the Neuse River buffer rules (15A NCAC 2B .033). 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 the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. 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). This approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds to notify the state in order to assure compliance for 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. An additional condition is that stormwater shall be directed to sheetflow at nonerosive velocities through the protected stream buffers. 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. Sine rely, Kerr T. 'Ste '?ens Attachment cc: Wilmington District Corps of Engineers U Corps of Engineers Raleigh Field Office Raleigh DWQ Regional Office File Copy Central Files Raleigh Division of Land Resources Johnny Glen Tew, Jordan-Tew & Associates 990770.1tr 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 http://h2o.enr.state.nc.us/wetlandc.html MEMORANDUM TO: John Dorney Regional Contact: Non-Discharge Branch WO Supervisor: Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Adam's Creek Project Number 99 0770 Recvd From APP Received Date 7/16/99 Project Type access road Recvd By Region 8/13/99 County Johnston County2 Region Raleigh Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. 26 F_ P-7-@ N F-- 27-43(8) F-c- Nsw 30,402. 0.22 F- IF- Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? O Y O N Did you request more info? O Y 0 N Have Project Changes/Conditions Been Discussed With Applicant? OQ Y O N Is Mitigation required? O Y ON Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: Developer have minimized wetland and Neuse Buffer impacts a lot since first meeting. Site visit determiners areas of protection and need to remove some of the extraneous stuff. Cart paths have been relocated and most of the wetland area left untouched. Road _x_ ings necessary for project have been addressed, Recommendation: OQ Issue O Issue/Coed O Deny cc: Regional Office Central Office Page Number 1 RONNIE E. JORDAN, P.L.S. JOHNNY GLENN TEW, P.E. July 15, 1999 N. C. Division of Water Quality 4401 Reedy Creek Road Raleigh, NC 27607 ATTENTION: REFERENCE: Dear Mr. Dorney: JORDAN - TEW & ASSOCIATES, P.A. ENGINEERING, SURVEYING, MATERIALS TESTING & PLANNING 102 WEST BROAD STREET (ZIP 28334) P. O. BOX 249 DUNN, N.C. 28335 EMAIL: rjordan70l@aol.com PAYMENT RECEIVED JOHN DORNEY ADAMS CREEK PHONES: FAY. 483-1489 DUNN (910) 892-5159 FAX: (910) 892-1893 We are submitting this preconstruction notification form for the above referenced project along with a revised wetland and Riparian Buffer Map. An earlier version of the map was submitted for preliminary comments and this revised map has addressed the review comments as follows: 1. The cart path riparian buffer area was reduced from original plan by reducing the width of impacted area from 20' to 10'. 2. The size of the wetland impact at the proposed pond was reduced by reducing the size of the pond. This pond will be used as a storm water attenuation measure and a bioretention area. 3. The wetland areas within the golf course will not be impacted and the course will be designed so as not to affect these areas. 4. There will be two wetland areas affected in the two channels that will be piped to allow for the access road. The total stream impact length for these two areas is approximately 296 LF. This length is required as it represents the length of the existing stream from the toe of the fill slope to the opposite toe of the fill slope plus the length of the Rip Rap Energy dissipater, which is required at the pipe outlet point in order to prevent erosive velocities. 5. The existing low areas between the two proposed ponds was judged to not need riparian buffers along its length. This determination was made by Steve Mitchell with DWQ at an on site meeting on 7/7/99. Please inform us if you need further information concerning this wetland impact and riparian buffer zone permit for this project. Sincerely, Jordan-Tew & Associates, PA / O ny lenn Tew, PE JGT: dl DWQ ID: CORPS ACTION ID: ;7, 9 +o?` eev?ss?h9s OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN 7 COPIES MUST BE SENT TO THE NC DIVISION OF WATER QUALITY, ATTN: JOHN DORNEY, 4401 REEDY CREEK ROAD, RALEIGH, NC 27607. PLEASE PRINT OR TYPE. NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE Pu"HT #) Pe rr? t - S-Freef 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 1. OWNER'S NAME: Nathan Adams, Jr. 2. MAILING ADDRESS: 3522 Cleveland Road, Smithfield, NC 27577 SUBDIVISION NAME N/A Smithfield CITY: - STATE: NC ZIP CODE: 27577 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME -(IF DIFFERENT FROM MAILING ADDRESS ABOVE): Same as above 3. TELEPHONE NUMBER: & 68-772 ORK) 919-868-7723 o s on SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.) Project is located on the north side of SR 1010 approximately 3.25 miles NW from intersection SR 1010 & Hwy 6. IMPACTED OR NEAREST STREAM/RIVER RIVER BASIN: 210 4. IF APPLICABLE: AGENTS NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Glenn Tew (Jordan-Tew & Associates, PA) P.O. Box 2244935 ?q 5. LOCATION OF WORKD ( ,VIDE A3&P' P? eC? Q?&TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: - NEAREST TOWN: J hn t Smithfield Swift Creek Neuse River 7. (a) IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA), HIGH QUALITY WATERS (HM, OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY (WS-I OR WS-II)? YES ? NO ® IF YES, EXPLAIN: (b) IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES ® NO ? ST OF (c) IF PROJECT is COUNTIES), WHAT IS T AND LA UCOASTAL SE PLAN (LUP DESIGNAON?FOR LA COASTAL 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OT THE USE OF PUBLIC (STATE) LAND? YES ? NO g (IF NO, GO TO 16) (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 17b is YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE 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 OF 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 STREAM (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OF 1. INCH EQUALS 100 FEET OF THEIR EQUIVALENT. (b) IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PRODUCT. (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 ISLAND USE OF SURROUNDING PROPERTY? Agricultural crop lands. septic tanks (1) IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? & drain lines. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE US MAY NOT BE MWACTED PRIOR TO: 1. ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, 2_ EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF 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.[. A A OWD"WAGENT'S SIGNATURE (AGENTS SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED). v? ° Eliube M L?POO I 174 Alf- \ *d, X/67 '?••?•t J`\ t Xf7s l? / o A ? Ur 77 • . ism a ?-\j t ?Tatr/k v so sj ^\ ' \ a-a " ?' ? ? seycP er Piss v 5 . 240 ? 3G ? ` ?i. • ?16i 27.30•• 731 State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt,. Secretary Kerr T. Stevens, Director Noma NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES June 23, 1999 DWQ Project # 981029 Johnston County CERTIFIED MAIL-RETURN RECEIPT REQUESTED Mr. Nathan Russell Adams 3634 Cleveland Rd. Smithfield NC 27577 Dear Mr.Adams: The Division of Water Quality has reviewed your plans for the discharge of fill material into 0.25 acres of wetlands and 350 feet of streams located at Adams Creek subdivision in Johnston County for construction access roads for a golf course residential development. Insufficient evidence is present in our files to conclude that your project must be built as planned in waters and/or wetlands in accordance with 15A NCAC 2H .0506. Therefore, unless modifications of the proposal are made as described below, we will have to move toward denial of your 401 Certification as required by 15A NCAC 2H .0507(e) and 15A NCAC 2 B.0233 and will place this project on hold as incomplete until we receive this additional information, we are requesting (by copy of this letter) that the U.S. Army Corps of Engineers place your project on administrative hold. Please provide us with information supporting your position that states your project must be constructed as planned and that you have no practicable alternative to placing fill in these waters and/or wetlands. Specifically can you construct your golf course without impacting the stream buffer except for golf cart crossings? Specifically holes 2,3,9, 10,12 and 16 may need to be modified. Any documentation such as maps and narrative that you can supply to address alternative designs for your project may be helpful in our review of your 401 Certification. Please respond within three weeks of the date of this letter by sending a copy of this information to me and one copy to Mr. Steve Mitchell, Raleigh Regional Office at 3800 Barrett Drive, PO Box 27687 Raleigh, NC 27609. If we do not hear from you in three_weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. I can be reached at 919-733-1786 if you have any questions. cc: Raleigh DWQ Regional Office Wilmington Office Corps of Engineers Central Files John Dorney Raleigh Field Office Corps of Engineers Glenn Tew 1 J oer `, 1 R. Dorney 981029.nty Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper