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
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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
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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
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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).
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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
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