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HomeMy WebLinkAbout19970927 Ver 1_Complete File_19971027State of North Carolina Department of Environment, 'we W, Health and Natural Resources ` • Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary ID E H N 11 A. Preston Howard, Jr., P.E., Director November 4, 1997 Wake County WQC 401 Project #970927 APPROVAL of 401 Water Quality Certification Mr. Eric Tillet 6729 Falls of the Neuse Road Raleigh, NC 27615 Dear Mr. Tillet: You have our approval, in accordance with the attached conditions, to excavate in 0.115 acres of wetlands or waters for the purpose of sewer construction at Holly Springs, as you described in your application dated October 27, 1997. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3101. This Certification allows you to use Nationwide Permit Number 12 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. Also 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. 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). For this approval to be valid, you must follow the conditions listed in the attached certification. 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. H you have any questions, please telephone John Dorney at 919-733-1786. Sincerely, ton Howard, Jr. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office Raleigh DWQ Regional Office Mr. John Dorney Central Files 9709271tr Division of Water Quality • Non-Discharge Branch ,4401 Reedy Creek Rd., Raleigh, NO 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director Date l J(4q7 ?A&j e Ida [D FE F1 Division of Water Quality Environmental Sciences Branch 4401 Reedy Creek Road Raleigh, N.C. 27607 FAX:(919) 733-9959 ( 9- 1'1-? -es V Environmental Sciences Branch 4401 Reedy Creek Road Raleigh, North Carolina 27607 Telephone 919-733-9960 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper NO. OF PAGES INCLUDING THIS SHEET: -3 1 PRE-DISCHARGE NOTIFICATION PCN TO: National Marine Fisheries Service Pivers Island, NC FAX (919)728-8796 US Fish & Wildlife Service Asheville, NC FAX (704)258-5330 US Fish & Wildlife Service Raleigh, NC FAX (919) 856-4556 State Historic Preservation Office Raleigh, NC FAX (919)733-8653 r ?;w sion of Water Quality i'eigh, NC FAX (919)733-9959 NC Wildlife Resources Commission Creedmoor, NC FAX (919) 528-9839 1. ACTION ID: 199820095 2. APPLICANT: Eric Tillet/Arbor Creek Subdivision 401 iSSU 3. DATE OF TRANSMITTAL: 10/27/97 4. RESPONSE DEADLINE(5 days from transmittal): 11/3/97 5. COMMENT DEADLINE(10 days from response deadline):11/10/97 6. SEND COMMENTS TO: RALEIGH REGULATORY FIELD OFFICE RALEIGH, NC ATTN: Todd Tugwell FAX (919)876-5823 We are also forwarding the attached PCN to the Fish and Wildlife Service and the National Marine Fisheries Service for review and comment concerning any likely affect to any threatened or endangered species or their critical habitat within those agencies' jurisdiction. r It To: Under Separate Cover: Drawings For your information and files By mail Specifications For comment or approval By courier Brochures or photos Returned for correction, resubmit _? By express ?C Correspondence Approved as noted • Soil & Environmental Consultants, Inc 244 West Millbrook Road ¦ Raleigh, North Carolina 27609 ¦ (919) 846-5900 ¦ Fax (919) 846-94, Transmittal RECEIVED &SACO - - .f/S o u OCT I..1997 Project #: Date: /0///-/ /z '7 Regulatory Branch Project Name: File: We Transmit to you Herewith: No. Copies Document No. Date Description % AQ / o w S 1 ZLO 4 Ore_8i I 10 n Remarks: If enclosures are not as listed as above, kindly notify us at once. By: ?a 7-e Soil/Site Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation K Environmental A, On-Site Waste 'T'reatment Systems, Evaluation and Design Soil & Environmental Consultants, Inc. 244 West Millbrook Road ¦ Raleigh, North Carolina 27609 ¦ (919) 846-5900 E Fax (919) 846-946, RECEIVED October 13, 1997 OCT 1 h 1997 Raleigh Regulatory Field Office U.S. Army Corps of Engineers Regulatory Branch Attn: Mr. Todd Tugwell 6508 Falls of the Neuse Rd., Suite 120 Raleigh, NC 27615 Dear Mr. Tugwell: The purpose of this letter is to request additional impacts under an existing Nationwide Permit # 12 for the construction of sanitary sewer connectors for home lots within Arbor Creek Subdivision. Wetland impacts under the existing Nationwide Permit # 12 will total 0.602 acres. The project is located near Holly Springs, NC (Wake County) as shown on the enclosed plans, and USGS Topo Quad vicinity map. Construction of the sanitary sewer connectors will comply with all general conditions stated within Nationwide Permit # 12. The wetland delineation, as shown on the plans, has been approved by Mr. DeRosa and Mr. Eric Alsmeyer of the USACOE; a copy of the jurisdictional determination is appended. The project is approximately located at Lat. 78-50'57"N and Long. 35-42'01"E. The impact to wetlands proposed by the connectors was overlooked in the original permit application. The construction of the connectors is imperative to the completion of the home lots. The developer would like to proceed with the construction of the subdivision and requests that this matter be resolved as quickly as possible. Please call if you have questions or require further information. Sincerely, e!g;? - Bob Zarzecki, Biologist Soil/Site Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Environmental Audi On-Site Waste Treatment Systems, Evaluation and Design DWQ ID: 951057 & 951140 Corps Action ID: 199504214 Nationwide Permit Requested (Provide Nationwide Permit #): 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 RECEIVED OCT 1'5 1997 Regulatory Branch 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. Owner's Name: Eric Tillet 2. Mailing Address: 6729 Falls of the Neuse Road City: Raleigh State: North Carolina Zip Code: 27615 Project location address, including subdivision name (if different from mailing address above): Proposed Arbor Creek residential subdivision, adjacent to Middle Creek, below headwaters, east of NC 55, south of SR 1301 (Sunset Lake Rd.), north of Holly Springs, NC. 3) Telephone Number (Home): (Work): 919-676-1857 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.): Proposed Arbor Creek residential subdivision, adjacent to Middle Creek, below headwaters, east of NC 55, south of SR 1301 (Sunset Lake Rd.), north of Holly Springs, NC. 6. Impacted or nearest stream/river: Middle Creek River Basin: Neuse River Basin 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: N/A 7b. Is 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? N/A 8a. Have any Section 404 permits been previously requested for use on this property? YES (X) NO ( ) If yes, provide Action ID number of previous permit and any additional information (including photocopy of 401 certification). USACOE Action ID. # 199504214, DEM Project # 951057 & 951140 8b. Are additional permit requests expected for this property in the future? YES ( ) NO (X) If yes, describe anticipated work: N/A 9a. Estimated total number of acres in tract of land: ± 140 9b. Estimated total number or acres of wetlands located on project site: + 10 10a. Number of acres of wetlands impacted by the proposed project by: NW12 NW14 NW26 Filled: 0.117ac (previous) 0.404ac (previous) Drained: Flooded: Excavated: 0.487ac (previous) 0.115ac (proposed) Total: 0.602ac (total) 0.117ac (previous) 0.404ac (previous) lob. (1) Stream channel to be impacted by the proposed project (if relocated, provide distance both before and after relocation): Length before: 0 ft. After: N/A Width Before (based on normal high water contours): N/A Width After: N/A Average depth before: N/A After: N/A (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: N/A 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? N/A 12. Description of proposed work including discussion of type of mechanical equipment to be used (attach plans 8 1/2" x 11" drawings only): Construction of infrastructure for proposed and existing residential development. 13. Purpose of proposed work: Construction of a Residential Development. 14. State reasons why it is believed that this activity must be carried out in wetlands (include any measures taken to minimize wetland impacts): Wetlands crossed perpendicular to flow and sewer constructed to minimize impacts adjacent to / and below headwaters. 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). N/A; 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: N/A; 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 State 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. 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, Agricultural & Undeveloped. 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. ' ignature D are (Agent's signature valid only if Agent Authorization Letter from the owner is provided (18 g.)) JUN-30-1995 12:03 TILLETT DEVELOPMENT 919 676 9296 P.02 TO BE COMMETED BY CLMRI NT PROPERTY OWNER - NO FJcm nom ,. _ 11?? 2 Name. ?y- c- Addrm: rllWW , Address: K&LUG A )C 976_6 Ptwrm (-7 ?- I 5 Project Name/Description: ,r rinea Date: Ll U? L 1304 11 q cj The Department of the Army U.S. Amy corps of &%&&W= witminsvn District PO Box 1890 WOmmstan, NC nm Attic: c??/ t- AI(CLS, Or Field Offer v? Re: Wedands RekW Consulting and wig To W tom U May CcAVa= 4 the c=ent pMpM owner, hemby dedgrmte a o4 eut}to be, ScA and EavaoamenW Consultants, Ur. W act ft spay behalf as W agenk it the promas4ig a penaidt apP • to fundsh npan n%pmt aapphmentai i7nfameam hz sagport of an ica loan, eft. from 06 ddy fm im . T16 the _ day of Mus notii aftan aapavedes any pmWam cormpondenm cmcoming the agent for fim pmjea Pr gn!x Owners Name; cc: Mr: Jolm Domey N -c- Depwmen?t of at & m Division of Env. Mgt. Water QuaRty Planing "0I Reedy creek Road Raleigh,, NC V07 Mr. Kevin C. Manila Soil and Bnvirdsuneattal bnc. ow "am Sigmtum: TOTAL P.02 SEP-29-1995 13:04 TILLETT DEVELOPMENT 919 676 929b N.UZ TO BE COMpLE'Y`ED BY CURRENT PROVER7y OWNEp - NO EXCEFILIONS - Name: Addrs¦sr a?j Addna v,? PhD= 7l ?Q b PwjectNx=*/Dna#WwL- M IV3Q LF- CW-jM c VQ, ?Drb,2 Date: -ZI -o)9 - c(a The Depart new of the Army US. Army Co" of w9at;ngh, DbkCt PO Sox IM Vvgn dr%t n, NC 2KM Attn: rs+4 Field Mom Re: wedands Relaind Ccnsatting wA Pig To whom it buy COMO= d e =W av*oriw &d aid Fxv&=cttbl my beWaw my ogent in tw pioombng of permit apps, to f =dmh upon request avyi=wtW h domatia n in support of ap**ftm ete- >xam this day f ,:w 716 the 2 day of a L TUB roKfimUca soperwdm aW Pmrio'ns the as ent fm thm PwJftt 'Arbor-Crvok f4f& Sachct, -9 v Erv- C. `-i X Owls Nime: CC. Mr. john vomay N-C- Deputwent of of i? N$ Thvidmt of Ek+v. . Water QqaW "M Ra C=* Raleigh, NC 27607 Ms. KwAn C. Martin Soil and BnvhwunmW Coaenlta ts, hoc. TOTAL P.:_ 1 VICINITY MAP APPROXIMATE LOCATION OF ARBOR CREEK SUB-DIVISION APEX, N.C., U.S.G.S. TOPO. QUAD SCALE_ 1:24.000. T - !BM ??i/.. ?? /, - / 303 i '` I\ I Cam' ti - ChaPe? L 55 -50 it ?_ t;:_•. Feltonvitle`I _, ?/: ?/, (? :: " f `: .. Gem D 'I Zz? ''`/' _ %%i ? = ) l` • ? ` ? I ?- ? ; `_ ! .?' i,?/wC? ? ? (130 ` Y???\',. % ? ? • ?,? / f (':` arr ?', ,; V fill//??;? ?-? L l \? ? - _; ? wl I • -, =_? ,? ? ?/ / ? `f, . 379- C, ( ?- W- ?I \ r -) \ re -- . lilt 1? ?/ / J IVE 77