HomeMy WebLinkAbout19930709 Ver 1_Complete File_19830826
Date Received:
DEM Contact:
Complainant:
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
401 COMPLAINT INVESTIGATION
FORM
Time: Office: CeOCounty:
- 10b h fiorm -e L/
Telephone: (H)
(W)
Address:
?Lf?GfA ?/ l/Air / !?1 CI
Nature of Complaint: _ We f lh41 p1 1 "4 _aGfs 7? k*l _ 61ea G1 ! A_ae4_7('
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f? ih f er /fem mss of C ,v y?Z-4D 70
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Location / Directions: B7w,een f/3: o' $/7 fwak
__?gK? _Gr/?/,rdr.? _,dr _6ff /V G SS Nu! ofu?'--------------
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Nearest Stream: Basin/Sub.: 030'i03 Index No.:27`y3"?Sr3Class: N , 3off
Distance of wetland impact from, nearest stream: am: A•lekq 4?tao1wa ?e4s
wZ4lavto? iPa`?,Ny 6*1
Investigator: ___P, _Co(we// --------- Date: 318??6 Time: 7'36MM
Observations: dee6t a Cc?ou? ?4 A,3W` ?f -,Iis- 4r4r 4a14ee- Gl`O?i `jea14rn 7?6,
??'?_,fj J_,?2r/BtrR! _ (!/??PS_,?U JI? ?PG? O(i'?P//`-? t??Gl?ittll.?Y/' ?'?/'RGl?3 J N ------
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Resolution: &ean,-A 0,,er`s4;-? Ai,S fOv?, Goti?aGf-6Or,- 45#14// 3seol
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Is there a violation of the 401 Certification authorization ?
--------------------------------------------------------
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Company: KennatnetalInc.
.Phone: 919-829-
Fax: 919-829-5340
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Project Name 5a t-`d Nearest Road .5W4 `l
County rO Ke-- W tland Area 5H- 2-3 acres Wetland Width d feet
Name of evaluator Co ?w.e Date
Wetland Location
on pond or lake
on perennial stream
(-'o/n intermittent stream
within interstream divide
other
Soil series
- predominantly organic - humus, muck,
or peat
predominantly mineral - non-sandy
predominantly sandy
Hydraulic factors
steep topography
ditched or channelized
dotal wetland width z 100 feet
Adjacent land use
(within 1/2 mile upstream, upslope, or radius)
- forested/natural vegetation 60 %
agriculture, urban/suburbanSd %
- impervious surface S %
Dominant vegetation
e
(1) ge' f /Q.,
41
(2) 1„?? fir ? k
(3) i f
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
Wetland type (select one)*
ottomland hardwood forest
Headwater forest
Swamp forest
Wet flat
Pocosin
_ 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
weight
00 =
x 4
R Water storage .
00
4
A Bank/Shoreline stabilization .
x
T Pollutant removal * x 5.00 =
I Wildlife habitat 3 x 2.00=
`<>€
N Aquatic life value 2 x 4.00 =
G Recreation/Education 2 x 1.00 =
Wetland
*Add 1 point if in sensitive watershed and >10% nonpoint disturbance within 1/2 mile upstream,
ui2slopS, or radius
DEM ID: 1 3 c
ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #):
JOINT FORM FOR 401 ISSUED
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
ATTN: CESAW-CO-E
Telephone (919) 251-4511
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
n r1_
NC DEPARTMENT OF ENVIRO ,
1
AND NATURAL RESOURCES
P.O. Bor. 29535 - -
Raleigh, NC 27626-0535
ATTN: MR. JOHN DORNEY 10FAUG 2 31993
Telephone (919) 733-5083
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIR
ti
PI-EASE PRINT- Westminster Homes, Inc.
1. Owners Name' c/o David Michaels, Vice-Pres. for Land Devel onment
2. OwnersAddress•Post Office Box 26565, Greensboro, NC 27415
3. Owners Phone Number (Home): N/A
(Work):919-375-6200
4. If Applicable: Agent's name or responsible corporate official, address, phone number.
Agent: J Mack Little Little & Tittle, Landscape Architecture Land Planning
Post Office Box 1448
Raleigh, NC 27602 Phone: 919-821-5645
5. Location of work (MUST ATTACH MAP). County: Wake
Nearest Town or City: Fuguay Varina
Specific Location (Include road numbers, landmarks, etc.)' Between the end of Wyndham Drive and
existing sewage pump station in the northwest corner of the proiect
6. Name of Closest Stream/River.. Basal Creek
7. River Basin:
Neuse River
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ J NO (kJ
9. Have any Section 404 permits been previously requested for use on this property? YES NO ( ]
If yes, explain. Nationwide 26 and 14 for initial instal 1 of i on of made, sewer lines- and
pump station. +16 Acres
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: -
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled:
None
Drained' None
Flooded' won e
Excavated: (and refilled) Less than 1/3 acre.
TotalImpaCted: Less than 1/3 acre.
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): Upgrade oof existing
forced main and pump station as required by the Town of Fngnay Marina
13. Purpose of proposed work: To provide sanitary sewer service for Sandy Springs Planned
Development.
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. Work is to be done in conjunction with existing sewer & easements.
Impact will be minimized by returning grades to as close to existing elevations as possible.
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service
(NMFS) regarding the presence or any Federally listed orproposed for listing endangered or threatened species or critical
habitat in the permit area that may be affected by the proposed project. Have you done so? YES [xJ INTO { ]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic
properties in the permit area which may be affected by the proposed project? Have you done so? YES Fx] NO [ ].
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by projecL
C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the
delineation line.
D. If a stormwater management plan is required for this project, attach copy.
E. What is land use of surrounding property? Residential
F. If applicable, what is proposed method of sewage disposal? Sanitary sewer. Gravity, pump station
and forced main.
Date
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Owner's Signature
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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
August 31, 1993
A17VA1
ID EHNR
Westminster Homes, Inc.
c/o David Michaels, VP for Land Development
P.O. Box 26565
Greensboro, N.C. 27415
Dear Mr. Michaels:
Subject: Proposed fill
Sanitary sewer
Wake County
DEM Project #
in Wetlands or Waters
installation
93709
Upon review of your request for 401 Water Quality Certification
to place fill material in 0.018 acres of wetlands or waters which are
tributary to Basal Creek for sanitary sewer upgrade located at end of
Wyndham Drive in Wake County as described in your submittal dated 18
August 1993, we have determined that the proposed fill can be covered
by General Water Quality Certification No. 2664 issued January 21,
1992. A copy of the General Certification is attached. This
Certification may be used in qualifying for coverage under Corps of
Engineers' Nationwide Permit No. 12.
If this Certification is unacceptable to you, you have the right
to an adjudicatory hearing upon written request within thirty (30)
days following receipt of this Certification. This request must be in
the form of a written petition conforming to Chapter 150B of the North
Carolina General Statutes and filed with the Office of Administrative
Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. Unless such
demands are made, this Certification shall be final and binding.
1786.
If you have any questions, please contact John Dorney at 919-733-
Since ly,
reston Howar. Jr. P.E.
93709.1tr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DEM Regional Office
M+r-:; John ?Dorney-
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
N.C. Dept. of Environment, Health, and Natural Resources
DEPARTMENT OF THE ' ? `
WILMINGTON DISTRICT, CORPS NGINEERS
P.O. BOX 1890
P28840 °"
WILMINGTON, NORTH CAROLI -1890
WETLANDS- GH
IN REPLY REFER TO September 30, WATERQP°l1N51:G
Regulatory Branch
Action ID. 199303980 and Nationwide Permit No.'0'1(Utility Line Backfill
and Bedding)
Westminster Homes, Inc.
Attn: Mr. David Michaels
Vice-President for Land Development
P.O. Box 26565
Greensboro, North Carolina 27415
Dear Mr. Michaels:
Reference our previous letters confirming authorization by nationwide
general permit of your proposed discharge for construction of °,gtigs!'
y?-ubdvison (Action ID. 199201202). Reference also your
application of August 9, 1993, submitted on your behalf by Little and Little,
for Department of the Army authorization to discharge fill material within
waters of the United States, and wetlands adjacent to, and above the
headwaters of, an unnamed tributary to Basal Creek, for backfill and bedding
related to construction of an upgrade of the existing sewerline servicing the
Sandy Springs subdivision on the west side of NC 55, north of Fuquay-Varina,
We County, North Carolina.
For the purposes of the Corps of Engineers` Regulatory Program, Title 33,
Code of Federal Regulations (CFR), Part 330.6, published in the Federal
Register on November 22, 1991, lists nationwide permits. Authorization,
pursuant to Section 404 of the Clean Water Act, was provided for the discharge
of material for backfill or bedding for utility lines, including outfall and
intake structures, provided there is no change in pre-construction contours.
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance-with the enclosed conditions and provided
you receive a Section 401 water quality certification from the North Carolina
Division of Environmental Management (NCDEM). You should contact Mr. John
Dorney,- telephone (919) 733-1786, regarding water quality certification. This
nationwide permit does not relieve you of the responsibility to obtain other
required State or local approval.
This verification will be valid for 2 years from the date of this letter
unless the nationwide authorization is modified, reissued, or revoked. Also,
this verification will remain valid for the 2 years if, during that period,
the nationwide permit authorization is reissued without modification or the
activity complies with any subsequent modification of the nationwide permit
authorization. If during the 2 years, the nationwide permit authorization
expires or is suspended or revoked, or is modified, such that the activity
would no longer comply with the terms and conditions of the nationwide permit,
activities which have commenced (i.e., are under construction) or are under
contract to commence in reliance upon the nationwide permit will remain
_ -2-
authorized provided the activity is completed within 12 months of the date of
the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify,
suspend, or revoke the authorization.
Questions or comments may be addressed to Mr. Eric Alsmeyer, Raleigh
Regulatory Field office, at telephone (919) 876-8441, extension 23.
Enclosure
Copy Furnished (with enclosure):
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Little and Little
Attn: Mr. Howard A. Partner, A.S.L.A.
Post Office Box 1448
Raleigh, North Carolina 27602
Copies Furnished (without enclosure):
Mr. Mike Coughlin
Environmental Engineer
Wake County Community"
Development Services
Post Office Box 550
Raleigh, North Carolina 27602
Town of Fuquay-Varina
Attn.: Mr. Mike Sorenson, LAR
1300 East Academy Street
Fuuquay-Varina, North Carolina 27526
?Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
LITTLE & LITTLE
18 August 1993 4®1 ISSUED
Mr. John R. Dorney
North Carolina Department of
Environment, Health, and Natural Resources
Water Quality Section
Post Office Box 27687
Raleigh, North Carolina 27611
Dear John:
Please find enclosed the revised plans showing the additional 800 square feet
(.018 acre) of disturbed wetlands in Sandy Springs you and I discussed. This
disturbance is necessary to provide the upgraded sanitary sewer service for
the project as required by the Town of Fuquay Varina. After installation of
the new line, the surface elevations in the existing and expanded
right-of-way will be returned to as close to their original grade as possible.
No other wetlands outside the existing and expanded right-of-way will be
affected.
As you asked, I am requesting you amend the 401 certification for Sandy
Springs to reflect this minor change. Enclosed with the plans you will find
copies of our application for a Nationwide 12 permit from the Corps.
Please call if there are any questions or you require additional information.
Sincerely,
/J.Mack Little, ASLA
LITTLE & LITTLE
JML/rgh
Enclosures
pc: Mr. David Franklin, C.O.E., Wilmington District,
Mr. Eric Alsmeyer, C.O.E., Wilmington District, Raleigh Field Office
Mr. David Michaels, Westminster Company
LANDSCAPE ARCHITECTURE/PLANNING P. O. BOX 1448 RALEIGH, NORTH CAROLINA 27602 9191821-5645
LITTLE & LITTLE
18 August 1993
Ms. Renee Glenhill-Early
G 2 31993
NC State Historic Preservation Office F'VuT
Div. of Archives and History 109 E. Jones Street, Rm. 201 Raleigh, NC 27601-2807 ??'?? t1i
SUBJECT: Sandy Springs Wetlands
Dear Ms. Glenhill-Early:
Little & Little, on behalf of Westminster Company (PO Box 518, Cary, NC
27512), is requesting an amendment to the 401 certification and a Nationwide 12
permit for Sandy Springs Planned Development, Fuquay Varina, North Carolina,
to reflect an additional 800 square feet (.18 acre) of disturbed wetlands. This
disturbance is necessary to provide the upgraded sanitary sewer service for the
project as required by the Town of Fuquay Varina. After installation of the new
line the area disturbed will be returned to as close to their original grade as
possible. These areas are in addition to 1.43 acres of wetlands previously
permitted for the initial phases of this project.
Your letter of March 6, 1992 indicated that you had reviewed the initial project
and found no properties that would be affected by it. Based on field
investigations, we believe that there are no additional properties on the site, or
on adjacent wetland areas that can be affected by the proposed sewer line.
For your convenience, I am enclosing copies of application documents that are
being submitted to the Wilmington, NC District of the U.S. Army Corps of
Engineers, and the the Water Quality Section of the North Carolina Division of
Environmental Management.
LA,tiD.SCAPFARCLIITBCTURE/PLANNIA'G P. O. BOX 1448 RALEIGH, NORTH6AROLINA27602 9191821-5645
18 August 1993
Ms. Renee Glenhill-Early
NC State Historic Preservation Office
Div. of Archives and History
Page Two
Please contact me if you require any additional information, or want to arrange a
site visit.
Sincerely,
/J?.ck Little, ASLA
LITTLE & LITTLE
JML/rgh
Enclosures: 401/404 application documents
p.c. Mr. John R. Dorney, NC Dept. of Environment, Health, and Natural
Resources, Water Quality Division
Mr. Eric Alsmeyer, Dept. of the Army, Corps of Engineers,
Regulatory Branch, Raleigh Field Office
LITTLE & LITTLE
18 August 1993
Ms. L. K. Mike Gantt
Field Supervisor
United States Fish and Wildlife Service
PO Box 33726
Raleigh, NC 27636
SUBJECT: Sandy Springs Wetlands
Dear Ms. Gantt:
Little & Little, on behalf of Westminster Company (PO Box 518, Cary, NC
27512), is requesting an amendment to the 401 certification and a Nationwide 12
permit for Sandy Springs Planned Development, Fuquay Varina, North Carolina,
to reflect an additional 800 square feet (.18 acre) of disturbed wetlands. This
disturbance is necessary to provide the upgraded sanitary sewer service for the
project as required by the Town of Fuquay Varina. After installation of the new
line the area disturbed will be returned to as close to their original grade as
possible. These areas are in addition to 1.43 acres of wetlands previously
permitted for the initial phases of this project. Your office was notified by us on
February 18,1992 regarding the original work.
Based on field investigations, we believe that there are no endangered or
threatened plant or animal species on the affected site, or on adjacent wetland
areas.
For your convenience, I am enclosing copies of application documents that are
being submitted to the Wilmington, NC District of the U.S. Army Corps of
Engineers, and the the Water Quality Section of the North Carolina Division of
Environmental Management.
LA/VDS'CAPE ARCHITECTI.'RE/PLAN,V[.,\'G P O. BOX 1448 RALEIGH, NORTH CAROL 1NA 27602 919/821-5645
% 'I
18 August 1993
Ms. L. K. Mike Gantt
Field Supervisor
United States Fish and Wildlife Service
Page Two
Please contact me if you require any additional information, or want to arrange a
site visit.
Sincerely,
J. Mack Little, ASLA
LITTLE & LITTLE
JML/rgh
Enclosures: 401/404 application documents
p.c. Mr. John R. Dorney, NC Dept. of Environment, Health, and Natural
Resources, Water Quality Division
Mr. Eric Alsmeyer, Dept. of the Army, Corps of Engineers,
Regulatory Branch, Raleigh Field Office