Loading...
HomeMy WebLinkAbout19960613 Ver 1_COMPLETE FILE_19960626State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director A4 ED FE [****J F=?L July 30, 1997 Wake County DWQ Project # 960613 APPROVAL of 401 Water Quality Certification and ADDMONAL CONDITIONS Mr. Glenn Futrell JLG Corp P.O. Box 3006 Cary, NC 27519 Dear Mr. Futrell: You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 0.34 acres of wetlands or waters for the purpose of constructing a residential development and sewer line, as you described in your application dated June 1996. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Numbers 3108 and 3101. These certifications allow you to use Nationwide Permit Numbers 26 and 12 when they are 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. Deed restrictions, conservation easements or similar mechanisms shall be placed in all lots with. remaining jurisdictional wetlands and waters to restrict future fill. These mechanisms shall be put in place within 30 days of the date of this letter. DWQ shall be copied on a map which depicts the locations of the lot fill/stream relocation within 30 days of the date of this letter. 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. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office Raleigh DWQ Regional Office any. Central Files Chris Huysman; Soil and Environmental Sincerely, Pn oHo >d, . P -'! Consultants 960613.1tr Division of Water Quality • Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 7339959 An Equal Opportunity Affirmative Action Employer • 500% recycledtl0% post consumer paper r Soil & Environmental Consultants, Inc. 244 West Millbro rti Carolina 27609 ¦ (919) 846-5900 ¦ Fax (919) 846-9467 96;6;3 JUN 2 6 190h June 24, 1996 NCDEH&NR - DEM WATIR of Engineers Attn: Mr. John Dorney Attn: Mr. Eric Alsmeyer; 4401 Reedy Creek Rd. 6512 Falls of the Neuse Rd, Suite 105 Raleigh, NC 27607 Raleigh, NC 27615-6846 Dear Mr. Alsmeyer and Mr. Dorney: The purpose of this letter is to request Nationwide Permits 26 and Section 401 Water Quality Certification for the project to be known as Woodcliff Subdivision. The project, owned by JLG Corp., is located near Holly Springs, NC (Wake County) and is on the enclosed plans and Apex, N.C., USGS Topo Quad vicinity map. A survey of the wetland delineation is shown on the attached map. The wetland delineation was reviewed by both Mr. Brandon DeRosa and Ms. Amy Ohlberg of the U.S. Army Corps of Engineers. Neither agent was employed by the USACOE when the survey was completed. Wetland impacts, totaling 0.54 acres (above headwaters), will be required for the development of this proposed subdivision. Wetlands on the property can be classified as headwater forested, channels and seep wetlands.' To expedite the permitting process the following individuals/ agencies have been provided with a complete copy of this entire application package: U.S. Fish and Wildlife Service,' National Marine Fisheries, and N.C.:Cultural Resources Please call if you have questions or require further information. If you intend to perform a site visit please call and we will arrange for someone to accompany you. Sincerely, ris. Huysman, cc: (with enclosures) USF&WS N.C. Cultural Resources National Marine Fisheries Service Soil/Site Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Environmental Audits On-Site Waste Treatment Systems, Evaluation and Design o Y) L??ri -97 Delineation Performed by: Soil and Environmental Consultants, Inc 244 W Millbrook Road Raleigh; NC 27609 Ph: 919/846-5900 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: (,/ 3Sft1t f 061ipmn L ` Date.4 APPlicant/ Owner. 7 Z_eyy '&S'Vr;0-LZL County: W?}?G( - Investigator. CMS 1-4ir-f cwwi-9-?J State: .N C Do Normal Circumstances exist on the site? Ye o Community ID: Is the site significantly disturbed (Atypical Situation)? Yes Transect M' Is the area a potential Problem Area? Yes o Plot . (If needed, explain on reverse.) VEGE'T'ATION Do**71T19ntPIantS ecfes Stratum Indicator Dominant Plant Srecies Stratum Indicator 1 Zf .c K V 2 faf'U Pole- V 3. EaLtZ?? 11 jolt I 1'-J 5 'FMS Q. 6 i -, (/ 14- 7 . P/ C d G? T/S 15. 8 f? 11-tdU to Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-). Remarks! gq,KL 6,J3 f(A4, HYDROLOGY Recorded Data (Describe in Remarks): Stream, Lake, or Tide Gauge Aerial Photographs .Other No Recorded Data Available Wetland Hydrology Indicators: Pr'inIndicators: Field Observations: Depth to Surface Water. (in.) Depth to Free Water in Pit: (in.) Depth to Saturated Soil. (in.) Saturated in Upper 12 inches Water Marks Drift Lines Sediment Deposits Drainage Patterns in Wetlands Indicators (2 or more required): Oxidized Root Channels in upper 12 inches Water-Stained Leaves Local Soil Survey Data PAC-Neutral Tact SOILS Map Unit Name (Series and Phase):_ Drainage Class: (Al 9 ?il kdiMd Field Observations Taxonomy(Subgroup): 4w, l i_,Confirm Mapped Type No Profile DesMption: v Depth Matrix Color Mottle Colors Mottle Texture Concretions Horizon fflunsell. Moist F-3 1( as f3LQ41- &)D asv (MunsellMoist) Abundance/Contrast Structure etc. Hydric Soil Indicators: LA Histosol. LA Concretions Histic Epipedon High Organic Content in Surface Layer in Sandy Soil Sulfidic Odor Organic Streaking in Sandy Soils Aquic Moisture Regime Listed on Local Hydric Soils List Reducing Conditions Listed on National Hydric Soils List Gleyed or Low-Chroma Colors Outer (Explain in Remarks) Remarks: Wetland Determination Hydrophytic Vegetation Present? Yes (Circle) Is this Sampling Point Within a Wetland? Wedand Hydrology Present? Yes (Circle) Hydric Soils Present? Yes N Yes Remarks: Wh Delineation Performed by. Soil and Environmental Consultants, Inc 244 W. MiEbrook Road Raleigh; NC 27609 Ph: 919/8465900 DATA FORM ROUTINE WETLAND DETIMMINATION 1987 COE Wetlands Delineation Manual) Project/Site: 65061 L w2?2C F's Date: o' APPlicant/Owner. C'1 WY0 FUME-LL County: - Investigator. 0fiR\S l-???iSIM State: L Do Normal Circumstances exist on the site? Is the site significantly disturbed (Atypical Situation)? Is the area a potential Problem Area? (If needed, explain on reverse.) VEGE'T'ATION Dominant Plant S ecies Stratum Indicator W IA NrIA j c. , rfi nT 5 # 6 S v?U, Q 7 _ es No Community ID. Yes 1G.)Transect ID: Yes Plot ID. Dominant Plant Species Stratum Indicator 10. 11. 12. 13. 14. 15 16. Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-). Remarks: 7/S Tret W 0 - kC4b i(t ?l>L LOGY Recorded Data (Describe in Remarks): Stream, Lake, or Tide Gauge Aerial Photographs Other No Recorded Data Available Field Observations: Depth to Surface Water. W? l (in.) Depth to Free Water in Pit_(in.) Depth to Saturates _'oi]; (in.) Wetland Hydrology Indicators: Primary Indicators: '? Inundated -Saturated in Upper 12 inches 'L Water Marks Drift Lines Sediment Deposits Ne Drainage Patterns in Wetlands Secondary Indicators (2 or more required): ?/ Oxidized Root Channels in upper 12 inches Water-Stained Leaves V- Local Soil z, _: vey Data FAC-Nevfral TPat SOILS Map Unit Name , " n (Series and Phase): Drainage Class: ?'Dr VU(ki?'a ?? Field Observations Taxonomy(Subgroup): 1i'r Confirm Mapped Type? No Profile Description: Depth Matrix Color Horizon unsell Moist 0. AP , 16L? -tom LG ` 1{/ 164, , Mottle Colors Mottle (Munsell Moist) Abundance /Contrast 61& 60e" nn C' n Texture, Concretions, Struc reetc ara Hydric Soil Indicators: Histosol °'eConcretions Epipedon High Organic Content in Surface Layer in Sandy Soil LSulSdic Odor _,Qrganic Streaking m Sandy Soils Aquic Moisture Regime /Listed on Local Hydric Soils List -Reducing Conditions Listed on National Hydric Soils List Gleyed or Low-Chroma Colors Other (Explain in Remarks) Remarks: Wetland Detenminafion Hydrophytic Vegetation Present? gNo o (Circle) Is this Sampling Point Within a Wetland? Wetland Hydrology Present? Hy dric Soils Present? o es No Remarks: SITE VICINITY MAP APPROXIMATE BOUNDS OF WOODCLIFF SUBDIVISION FROM: APEX, N.C., U.S.G.S. TOPO. QUAD SCALE: 1:24 000 LAT: 350 37' 35" LON: 780 49' 50" J -i C) 323 e 1 I I 45 ? - ? , •- _ ? ?? i \?II ? ?l - i - ? 111 _? -- 7op • I ;i ! .. 011y Sprnngs , ? , ice, ?• ` -, I - , ,ri ? ? ? __ ,- O _ ?„- ?_! - ater CeTn j? - m . •? ??\ lti? i? 'j-- O •BM 471 Ih i I Ji __. \ -- ? .:\l ?-_. _? ? ??. ! '-ice .. _'•• -` _ ? I ! (40'? % ? ?/ _ \i ? _.._ ..?? I - '_ - 1i v45 \?L; Q /r ? ? 1 dRadid ewer _ l - Bass o= - 60 \t395) 3 i \ Q _ S 325 .. 440 --;?' b ? • l 114. ? /,'? - ? _ ? "?' _? __ - _?? /r r ? ?? y . j it ?t BM J-f 47 ( j-I11 4 VA \so i ems BMI J) ? _ j 695 696 50 %trcx/n -vq yr 3.t (FUQUAY-VAR1NA) / 699 5255 /it SE y SCALE 1 24 000 DEM ID: ACTION ID: Nationwide Permit Requested (Provide Nationwide Permit #): 26 9606 3 JOINT FORM FOR 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 NC DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES 4401 Reedy Creek Road Raleigh, NC 27607 ATTN: MR. JOHN DORNEY Telephone (919) 733-1786 ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT. PLEASE PRINT. 1. Owners Name: JLG CORP. ATTN: GLENN FUTRELL 2. Owners Address: PO BOX 3006, CARY, NC 27519 3. Owners Phone Number (Home): (Work): 919 / 467-6935 4. If Applicable: Agent's name or responsible corporate official, address, phone number: SOIL AND ENVIRONMENTAL CONSULTANTS Ph: 919/846-5900 244 W. MILLBROOK ROAD RALEIGH, NC 27609 5. Location of work (MUST ATTACH MAP). County: WAKE, NC Nearest Town or City: HOLLY SPRINGS, NC Specific Location (Include road numbers, landmarks, etc.): 0.5 MI. NORTH OF NCSR 1395 AND 0.25 MI SOUTH OF NCSR 1393. AS PER ATTACHED APEX NC, USGS TOPO QUAD, AND SITE DEVELOPMENT PLAN 6. Name of Closest Stream/River: UNNAMED TRIBUTARY OF BASAL CREEK 7. River Basin: NEUSE RIVER BASIN 8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WSI, or WS II? YES( ) NO(X) 9. Have any Section 404 permits been previously requested for use on this property? YES ( ) NO ( X ) If yes, explain. 10. Estimated total number of acres of waters of the U.S. including wetlands, located on project site: 2.88 ACRES 11. Number of acres of waters of the U.S. including wetlands, impacted by the proposed project: PERMIT NW 26 FILL 0.54 ACRES 12. Description of proposed work (Attach PLANS-81/2" X 11" drawings only): IMPACTS FOR PROPOSED RESIDENTIAL DEVELOPMENT; INCLUDING IMPACTS FOR: LOTS, UTILITIES, ROADWAYS, AND CHANNEL RELOCATION. 13. Purpose of proposed work: INFRASTRUCTURE FOR PROPOSED RESIDENTIAL DEVELOPMENT, INCLUDING: LOTS, UTILITY LINES, ROADWAYS. 14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures taken to minimize wetland impacts. WETLANDS CROSSED PERPENDICULAR TO FLOW TO ACCESS HIGHGROUND. 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 or proposed 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 ( X ) NO ( ) 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 ( X ) 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 project. C. If delineation was performed by a consultant, include all data sheets relevant to the placement of delineation line. D. If a stormwater management plan is required for this project, attach copy. E. What is land use of surrounding property? AGRICULTURAL AND RESIDENTIAL F. If applicable, what is proposed method of sewage disposal? SANITARY SEWER Agent's Signature if V 'Ilk Date Name: tCAmC mk) \rw 0Z?u-/ lXJ v rV I . L AddressA WA awb-4 AC J76 6 Project Date: DEC, (6 f 1. The Department of the Army U.S. Army Corps of Engineers Wilmington District PO Box 1890 Wilmington, NC 28402 ck4 - K3a Attn: Field Office. 4 Re: Wetlands Relat d Consulting and Permitting To Whom It May Concern: I, the current project owner, hereby designate and authorize Soil and Environmental Consultants, Inc. to act in my behalf as my agent in the processing of permit applications, to furnish upon request supplemental information in support of applications, etc. from this day forward. This the day of 1,;q:l - This notification supersedes any previous correspondence concerning the agent for this project Z'L c Ccp-P . Owners Name: Title: cc: Mr. John Domey N.C. Department of EH & NR Division of Env. Mgt Water Quality PLuming PO Box 29535 Raleigh, NC 27626 Mr. Kevin Martin Soil and Environmental Consultants, Inc. ? q- ?>a&b ers Signature: ;,A Soil & Environmental Consultants, Inc. 244 West Millbrook Road ¦ Raleigh, North Carolina 27609 ¦ (919) 846-5900 ¦ Fax (919) 846-9467 RECEIVED JUL 2 R 1997 ENVIRONMEd?AL SCIENCES July 24, 1997 NCDEH&NR - DWQ Attn: Mr. Eric Galamb 4401 Reedy Creek Road Raleigh, NC 276607 Dear Mr. Galamb and Mr. Alsmeyer: US Army Corps of Engineers Attn: Mr. Eric Alsmeyer 6508 Falls of the Neuse Rd, Suite 120 Raleigh, NC 27615-6846 RE: Woodcliff Subdivision, Holly Springs, Wake County My apologies for this seemingly delinquent response to your requests (June 17, 1997) for additional information for the Nationwide Permit 12 for this project. We were using temporary secretaries at that time and can't explain why you did not receive earlier correspondence. To address your cdncerns (expressed on June 17, 1997 and July 23, 1997) please note the following: • Proposed permanent losses total 0.01 acres. • Excavation and backfill will occur within wetlands. • Wetland impacts occur in segments less than 150 linear feet; no anti-seep are required. • Impacts to wetlands are greater than 10 feet from channels. • The proposed activity approximately occurs at the latitude and longitude posted on the site map- • Prior impacts totaled 0.33 acres and required no notification to DWQ • Current proposed impacts require notification because of the use of two Nationwide Permits within aproject.. Please call if you have questions or require further information. If you decide to perform a site visit, please contact us so we can arrange for someone to accompany you. Tt rely, sm Soil/Site Evaluation ¦ Mapping and Physical Analysis K Wetlands Mapping and Mitigation ¦ Environmental Audi On-Site Waste Treatment Systems, Evaluation and Design A State of Notof h Carolina Department Environment, Health and Natural Resources / • • Division of Water Quality JamesB. r., Governor Addh=911111111hu M& Jonathan B. B.. Flo Howes,Secretary N 11 A. Preston I-bward, Jr., P.E., Director July 23, 1996 JLG Corp. Attn: Glenn Futrell P.O. Box 3006 Cary, NC 27519 Project #960613 Wake County Dear Mr. Futrell: The Division of Water Quality, Water Quality Section has reviewed your plans for the discharge of fill material into 0.54 acres of waters and/or wetlands located at SR 1393 and SR 1395 in Wake County for Woodcliff Subdivision. Based on this review, we have identified significant uses which would be removed by this project. These uses are water storage, streambank stabilization and polutant removal. Furthermore, insufficient evidence is present in our files to conclude that your project must be built as planned in waters and/or wetlands. Therefore, we are moving toward denial of your 401 Certification as required by 15A NCAC 213.0109. Until we receive additional information, we are requesting (by copy of this letter) that the U.S. Army Corps of Engineers and/or the N.C. Division of Coastal Management place your project on administrative hold. Please provide us with information supporting your position that 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 development with a total fill of 0.33 acres? B our calculations, about 0.27 acres of wetlands have been filled. We believe that other t e steam scan be moved (to a maximum of 0.06 acres) or the greenway can be created on 1 e totals about 0.6 acres). Please inform us as to which fill will account for the K? remainder of the 0.33 acres of fill. 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 two weeks of the date of this letter by sending a copy of this information to me and one copy to Mr. Danny Smith at the Raleigh Regional Office at 3800 Barrett Drive, P.O. Box 27687, Raleigh, NC 27611. If we do not hear from you jn two 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. Sincerely, lin R. Doiney ater Quality Certifi= rl Program cc: Raleigh DWQ Regional Office Wilmington Office Corps of Engineers Central Files Chris Huysman; Soil and Environmental Consultants 960613.nty Division of Water Quality • Environmental Sciences Branch 4401 Reedy Creek Rd., Raleigh, NC 27626-0535 • Telephone 919-733-1786 • FAX 919-733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper MEMO Z) DATE: :? ?"? J-?. l I^ 1I?f I TO: I SUBJECT: •`?"`^?L?? ?? aloes ? wVlc/? S-D ?n??? c?;s FA aSK? I? iY'?YGilfS ? F?GGCNfCl? . ?".Cv?r3'^'cr b ?'ov\ From: ors STATE o :M..,-. North Carolina Department of Environment, Health, and Natural Resources Printed on Recycled Paper ? «;,,M map r" 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:.96 PERMIT NO: 0000613 COUNTY: WAKE APPLICANT NAME: JLG CORP. PROJECT TYPE: RESIDENTIAL DEVELOP. PERMIT TYPE: NW26 COE #: DOT #: RCD_FROM _CDA: APP DATE_FRM_CDA: 06/26/96 REG_OFFICE: RRO ? v 3 RIVER-AND-SUB-BASIN-#: STREAM CLASS : 49- AV WL_IMPACT? : iyN WL REQUESTED : WL_SCOREM : MITIGATION?• Y STR_INDEX N0: `Z ';z Y3 _IS- 3 WL_TYPE: WL_ACR_EST?:(9N WATER IMPACTED BY FILL?: ON .. / MITIGATION TYPE: Xr? MITIGATION SIZE: /14 DID YOU REQUEST MORE INFO?: Y/ ? IS WETLAND RATING SHEET ATTACHED?ON HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?: Y10 RECOMMENDATION (Circle One): ISSUE ISS E/CO D DENY z r cc: Regional Office Central Files Raleigh Regional Office July 22, 1996 J1G, Corp. Residential Development Wake County Permit No. 0000613 On July 16, 1996 Danny Smith of the RRO met with Mr. Chris Huysman, of S&EC, Inc. and conducted a site visited at the proposed projected owned JLG Corporation. It was noted that they wish to impact 0.54 acres of wetlands. Of the wetlands proposed to be impacted, wetlands located on lots numbered 16, 17, and 18 were already impacted. This is particularly suspicious given the small acreage involved with his project (particularly when this represents the only impacts on i.te thus fa.*, and is clearly an area that would have received scrutiny by the ivision). S&EC is experienced with what the Division is interested in addressing in order to pursue the protection or maintenance of water quality. It is clear that at they very lit that S&EC was deficient in adequately communicating to their client that they should not impact wetlands prior to receipt of the 401 Certification. , Please note: during site visit I asked Chris "is this JLG's one third of an acre, he quickly stated that they had not filled greater than a third (please determine acreage of circled area, I do not have a planimeter) In addition, I said that it was unclear whether conditions may include restoring the site. Chris stated, " we'll mitigate 4:1 before that..." I explained to Chris that it was unclear: why they need to move the stream, that I was not sure how the impacted area would be addressed, and that I would discuss these issues with John Dorney... Recommendation: If they have impacted greater than a third of an acre, I recommend that they do not move stream... (they don't need to?) If they are under a third of an acre I still recommend that they don't move stream ...and/or lets talk about restoration options. Also, the RRO recommends that the wetlands Group send a letter to S&EC (copying the applicant) indicating that the Division was disappointed in the lack of communication between the applicant and the consultant. Also, that this serves as notice to JLG Corp that the Division recommend that in the futurou receive the 401 Certificate prior to wetlands impacts in order to prevent possible problems with wetland restoration and 401 Certification issuance. G i it .._^571`1:. :Va= Fs ie'C ;fly i ncn ^Ifir dis`:r^ance 'Mz in 1 '2 mde UDS 'enr:. UDSiCGe, Cr i c :U- Project name T 1 C_e raUn 'iE, S;?SL?ri] can: ,-cc be a?G: to Sa1i or brackish rSi72S r C lc _ ieL S? EaZl C.?anne_ ' F nt ' I Ali Y,'aLEr s-oraae -- .vera x 4.60 = €' L J ac }'1 rei^e sz?-a?or z 4.00 l ."i,'I11?l.alil. rC.-nCVGI ? n 5. :JG = E. .. ,.;; r^---_' V 'rV it ClliC rar.I t?Z'.. n -.GG s 1???33 uc ?I m? ,ewe mv?te ?. n cv- 5 -- far ?? AuTsn gnogp suaaouoo panuTquoo ano go aapMp aq pTnous no7, "dNHg Aq ATGTOS auaoq aq pTnoM gsoo sTgq - sdaoO auq ugTM supTd agTs buTMaTnaa ao buTaogTuoui aog pasn aq you pTnoM Aauoul s,AgTO aug 'aaTTapa pagPgs SV •spuPTgaM gsaaOg pooMpaeq uTPTdpooTj go saaop 009 30 UOTgPaogsaa Tngssaoons aug buTanssP aog AgTTTgTsuodsaa auq anpu pTnOm UNHa •papaau aq TTTM sasuadxa go buTgunooop goTags v •aoanosa-d gsaaO,9 JO UOTSTnTQ PUP UOTSSTuIUIOO saoanosaH agTTPTTM 'UOTgpnaaSUO3 aagPM PUP TTOS 3o UOTSTATC auq Jo jgPgs Iuoag dTau ugTm auop aq pTnoM saTgTTTgTsuodsoa asauq go AUPN • seaa-4, q-upTd • 9 pup 'saaag aspuoand •S 'buTpPab papaau AUP gosaquoo •{? 'supTd agTs doTanap •£ 'spaap auq Ipaooaa PUP (pagTuITT ATgpgoad) Aqaadoad aug AananS • z '(guawaspa uoTgpnaasuoo ao aTduiTs aa;) STaoapd aaTnbop pup saauMopupT gopquoo •i : o -4 ?.. saaabP pup AgTO auq ulna; uOTTTTuI S•T$ auq sgdaoop -dNHH i 0 i •papaau 3T spung T2uoT4TPP2 A2d 04 saaabe AgTO put uoTgebTgTw saop UKHH •II UOTgC16 "tl?w7 •xaoM aaTTapa ?WFauq Igo gTgauaq auq aAPq qou TTTM aM 'uOTgpbTgTw aug aOg aTgTsuodsaa ATGTOS ST UNHg 91 •sagTs asaug uO AboTOaPAq a4PTndTupul Og Moq buTUTulaagap pup S94TS buTAgTguapT uT sguPgTnsuoogns aTaug ao/pup ?IZO Aq auop APPaaTP .3{a0M aTgPaapTSUOO aq4 azTTTgn oq sn MOTTP PTnoM qT gPuq sT uopoaddp sTgq buTxPg go abPgupnpP aus •suoTgsanb asaug aaMsuP og buTnsand ugaoM aq Apul uoTgdo STUS (uoTUTdo AuI UT UTPgaaoun) suPTd PUP sagTs uOTgPbTgTUI OTgToads gnoggTM guauIabupaaP sTgq gdaoop Oq buTTTTM aq pTnoM ~daoO auq aaugagm (Z pup (uOTuTdO Alu UT ATaxTTun) 3'{STa TPTOuPUT9 ST-qq aNPg og buTTTTM aq pTnoM sguPgTnsuoogns auq aaugagm UOTgdo sTUq UT suMouNun oMg aap aaaus •pauuPTd ATguasaad sp Q?uTTO-4Tuoul aug Op pTnom ggpgs 23NHg Q guapT9UOO aaP aM gPug znbTg uoTTTTuI 0•£$ aug paaoxa gPug sgsoo Au ao9 g AgTTgTSUOdsaa au-4 auznssP pTnoM 2iNHg ••uOTTTTuI 9-T$ anogP sg ASP © TPTOUPUTg auq aNPq Og buTTTTM ST quPgTnsuoo auq gT uIaTg aaugoup . ao 2dZO Oq NaOM aLIq TTP gno gopaguoogns Oq UNHg aO9 aTgTssod aq qubTul qI • quaTOT99ns sT uOTTTTul S • T$ auq gPgq PaOUTnuoo 4TO auq 'aaTTaPa pagPgs sV aap (•ouI 'gZO) squpgTnsuoo /T quvgTnsuoo oq xaoM uoTgebT -C2 ?oeaquoo -dxHa •I uoTgdO •aTgPgdaoopun sT APTap sTgq gpuq sT uoTgdulnssP Ispq AN •goaCoad aug aog suguoul AuPUI go APTap P uT gTnsaa pTnoM sTUS •padoTanap SUPTd agTs pup pauTulaagap AgTTTgPTTPnP aTaLlq 'paTgTguapT aaP sagTs UOTgPbTgTw OTgTOads TTgun pTOu uo goaCoad aug aOPTd TTTM a03 auq uaug 'SqupgTnsuoo aTaug pup AgTO aug oq 3{opq paggTUs ST uOTgPbTgTw aO9 AgTTTgTsuodsaa aug 9T XaaauTbug go sdaoO aug ugTM NaaM gsPT bUTgaaul ano uo paspg •agpnbapp ST burpung 9T uoTgPbTgTul aug ao9 aTgTsuodsaa buTaq ugTM ulaTgoad ou 9APu aM •uOTgPbTgTw aug aO9 AgTTTgTsuodsaa UTPgaa Og anPu 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: 96 PERMIT NO: 000061 COUNTY: WAKE APPLICANT NAME: JLG CORP. PROJECT TYPE: RESIDENTIAL DEVELOP. PERMIT TYPE: NW26 COE ?? : DOT #: RCD_FROM _CDA: APP DATE_FRM_CDA: 06/26/96 REG OFFICE: RRO RIVER AND SUB BASIN J: S EX N0: STREAM-CLASS: % WL_IMPACT?: YIN WL TYPE: WL_REQUESTED: + WL ACR EST?: YIN WL_SCORE M : WATER I PACTED BY FILL?: YIN MITIGATION?: YIN MITIGATION TYPE: MITIGATION-SIZE: DID YOU REQUEST MORE INFO?: YIN IS WETLAND RATING SHEET ATTACHED?: YIN HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?: YIN RECOMMENDATION (Circle One): ISSUE ISSUE/COND DENY ?u `c: Regional Office Central Files Project name County N me of evaluator swamp sorest Wet fiat -occsin LJ Es`,-,arine fringe forest U Ephemeral wetland El Carolina Say El Sew El Cth e r 'l,^:2 :aLln S?SLeri? CcZInG;L'De aoGiiE,? LO Stilt or braCi'S17 ^a_rSi12S Cr Sri ajIl c?anne?S - " - 'weiaht 60 Ean,/oreire sta'D ili=al<or, x -..GO G G cis rtance rn ^ir ./c ^iie UmS=°ar. c e, cr , w. , sicc ?• .: /..?:: /J;'/J JJJJiJJJJJ/; ; //J///J///J; //'J; J': /: ,'• :'/•; :: /,'/./; /J/,'/J/J: i:'i/J/ J: //JJ//Ji /; /: //.'////i//; JJ//////./: : /: JJJ/ /i :'///J////: J; /J: /; ,•: ; ; Raleigh Regional Office July 22, 1996 J1G, Corp. Residential Development Wake County Permit No. 0000613 On July 16, 1996 Danny Smith of the RRO met with Mr. Chris Huysman, of S&EC, Inc. and conducted a site visited at the proposed projected owned JLG Corporation. It was noted that they wish to impact 0.54 acres of wetlands. Of the wetlands proposed to be impacted, wetlands located on lots numbered 16, 17, and 18 were already impacted. This is particularly suspicious given the small acreage involved with his project (particularly when this represents the only impacts onite _ thus fart,.and is clearly an area that would have received scrutiny by the 5ivision). S&EC is experienced with what the Division is interested in addressing in order to pursue the protection or maintenance of water quality. It is clear that at they very lest that S&EC was deficient in adequately communicating to their client that they should not impact wetlands prior to receipt of the 401 Certification. Please note: during site visit I asked Chris "is this JLG's one third of an acre, he quickly stated that they had not filled greater than a third (please determine acreage of circled area, I do not have a planimeter) In addition, I said that it was unclear whether conditions may include restoring the site. Chris stated, " we'll mitigate 4:1 before that..." I explained to Chris that it was unclear: why they need to move the stream,, that I was not sure how the impacted area would be addressed, and that I would discuss these issues with John Dorney... Recommendation: If they have impacted greater than a third of an acre, I recommend that they do not move stream... (they don't need to?) If they are under a third of an acre I still recommend that they don't move-- stream...and/or lets talk about restoration options. Also, the RRO recommends that the wetlands Group send a letter to S&EC (copying the applicant) indicating that the Division was disappointed in the lack of communication between the applicant and the consultant. Also, that this serves as n ice to JLG Corp that the Division recommend that in the futurou receive the 401 Certificate prior to wetlands impacts in order to prevent possible problems with wetland restoration and 401 Certification issuance. C JUN 0 91991; NCDEH & NR - DWQ US Army Corps of Engineers Attn: Mr. John Dorney Attn: Mr. Eric Alsmeyer 4401 Reedy Creek Road 6508 Falls of Neuse Road, Suite 120 Raleigh, NC 27607 Raleigh, NC 27615 Dear Mr. Dorney and Mr. Alsmeyer: The purpose of this letter is to requester Nationwide Permit 12 and a Section 401 Water Quality Certification for the project to be known as Woodcliff Subdivision. The project, owned by JLG Corporation, is located near Holly Springs, NC (Wake County) and is shown on the enclosed plans and Apex, NC USGS Topo Quad vicinity map. A survey of the wetland delineation is shown on the attached map. The wetland delineation was reviewed by both Mr. Brandon DeRosa and Ms. Amy Ohlberg of the US Army Corps of Engineers. Neither agent was employed by the USACOE when the survey was completed. Wetland impacts, totaling 0.34 acres (above headwaters), will be required for the completion of this development. Wetlands on the property can be classified as headwater forested, channels and seep wetlands. Please call if you have questions or require further information. If you intend to perform a site visit, please call and we will arrange for someone to accompany you. Sinc rely, C A44v '? D/rI'l?rn 7'I7?G' Chris Huysman Biologist CH/mag g1 ?'?o - 1615 Soil & Environmental Consultants, Inc. 244 West Millbrook Road ¦ Raleigh, North Carolina 27609 ¦ (919) 846-5900 ¦ Fax (919) 846-9467 RECEIVED Soil/Site Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Environmental Audits On-Site Waste Treatment Systems, Evaluation and Design ` 4011 ENVIRONMENTAL SCIENCES June 5, 1997 DWQ ID: 960613 Corps Action ID none Nationwide Permit Requested (Provide Nationwide Permit ft 12 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 NC Division of Environmental Management (see agency addresses sheet). PLEASE PRINT. 1. Owners Name: JLG, Corporation, Attn: Mr. Glenn Futrell 2. Mailing Address: P.O. Box 3006 Subdivision Name: City: Cary State: NC Zip Code: 27519 Project location address, including subdivision name (if different from mailing address above): within Woodcliff Subdivision 3) Telephone Number (Home): (Work): 467-6935 4) If applicable, agent's name or responsible corporate official, address, phone number: Soil & Environmental Consultants, Inc. Phone: (919) 846-5900 244 W. Millbrook Road Raleigh, NC 27609 5. Location of work (provide a map, preferable a copy of USGS topographic map or aerial photograph with scale): County: Wake Nearest town or city: Holly Springs Specific Location (include road numbers, landmarks, etc.): see prior permit and USGS topo quad 6. Impacted or nearest stream/river: UT Basal Creek River Basin: Neuse 7a. Is project located near water classified as trout, tidal saltwater (SA), high quality waters (HQW), outstanding resource waters (ORW), water supply (WS-I or WS- II)? YES ( ) NO (X) If yes, explain: 7b. If the project is 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 use plan (LUP) designation? no 8a. Have any Section 404 permits been previously requested for use on this property? YES (X) NO ( ) If yes, provide Action ID number of pervious permit and any additional information (including photocopy of 401 certification). 960613 8b. Are additional permit requests expected for this property in the future? YES ( ) NO (X) If yes, describe anticipated work: 9a. Estimated total number of acres in tract of land: 25 9b. Estimated total number or acres of wetlands located on project site: 2.88 10a. Number of acres of wetlands impacted by the proposed project by: Filling: prior 0.33 acres Flooding: Drainage: 10b. (1) Stream channel to be impacted by the proposed project (if relocated, provide distance both before and after relocation): Length before: ft After: ft Width Before (based on normal high water contours): ft Width After: Average depth before: ft 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? no What is the expected pond surface area? Excavation: current 0.01 acres Other: Total acres to be impacted: 0.34 acres no 12. Description of proposed work including discussion of type of mechanical equipment to be used (attach plans 81/2" x 11" drawings only): utility impacts 13. Purpose of proposed work: stormwater and sewer conveyance 14. State reasons why it is believed that this activity must be carried out in wetlands (include any measures taken to minimize wetland impacts): . to achieve proper drainage 15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service (NMFS) (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: (attach responses from these agencies). to be completed by the Corps 16. You are required to contact the state historic preservation officer (SHPO) (see agency address sheet) regarding the presence of historic properties in the permit area which may be affected by the proposed project. Date contacted: to be completed by the Corps 17. Does the project involve an expenditure of public funds or the use of public (state) land? YES ( ) NO (X) 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 Stat Clearinghouse? YES ( ) NO ( ) If answers 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. e 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 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 50 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 used of surrounding property? residential f. If applicable, what is proposed method of sewage disposal? sanitary sewer g. Signed and dated agent authorization letter, if applicable. 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. --1 1 Owner's/Agent's ignatur U97 Date (Agent's signature valid only if Agent Authorization Letter from the owner is provided (18 g.)) FROM: SCALE: LAT: LON: 45 -? 91-111 '696 50' Y i SITE VICINITY MAP APPROXIMATE BOUNDS OF WOODCLIFF SUBDIVISION APEX, N.C., U.S.G.S. TOPO. QUAD 1:24 000 35° 37' 35" 78° 49' 50" 1 2 5255 111 S£ SCALE 1:24 000 0 I '-?? Ik lid r -3A ?i1397 ' r-?J I i -- O to y r+ J N ---?` ` co o V ?oo? ° NJ m co N N r+ + . U m J J . cz 6 % N. 3 :N N '6000 C7 cz ?t r? E o 0 0 voco J o o 03 r 'GD qw? V, }??, rF f,/S /+ 3.1 Y 1 *S t4l 4i. 6`4 z u: r"yF-'eV? I 3q State of North `Carolina Department of Environment, Health and Natural Resources Division of Water Quality Wake County James B. Hunt,Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Directo r JLG Corp. Attn: Glenn Futrell P.O. Box 3006 Cary, NC 27519 Project #960613 Dear Mr. Futrell: ATI.WYTA ?EHNF1 July 23, 1996 The Division of Water Quality, Water, uality Section has reviewed your plans for the discharge of fill material into 0.54 acres gf waters and/or wetlands located at SR 1393 and SR 1395 in Wake County for Woodcliff Subdivision. Based on this review, we have identified significant uses which would be removed by this project. These uses are water storage, streambank stabilization and polutant removal. Furthermore, insufficient evidence is present in our files to conclude that your project must be built as planned in waters and/or wetlands. Therefore, we are moving toward denial of your 401 Certification as required by 15A NCAC 2B.0109. Until we receive additional information, we are requesting (by copy of this letter) that the U.S. Army Corps of Engineers and/or the N.C. Division of Coastal Management place your project on administrative hold. Please provide us with information supporting your position that 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 development with a total fill of 0.33 acres? By our calculations, about 0.27 acres of wetlands have been filled. We believe that other the steam can be moved (to a maximum of 0.06 acres) 2r the greenway can be created on fill ( 5 feet wide totals about 0.6 acres). Please inform us as to which fill will account for the remainder of the 0.33 acres of fill. 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 two weeks of the date of this letter by sending a copy of this information to me and one copy to Mr. Danny Smith at the Raleigh Regional Office at 3800 Barrett Drive, P.O. Box 27687, Raleigh, NC 27611. If we do not hear from you jn two 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. Program cc: Raleigh DWQ Regional Office Wilmington Office Corps of Engineers Central Files ' moil and Environmental Consultants 960613.nty Division of Water Quality • Environmental Sciences Branch 4401 Reedy Creek Rd., Raleigh, NC 27626-0535 • Telephone 919-733-1786 • FAX 919-733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper'