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HomeMy WebLinkAbout19990078 Ver 1_COMPLETE FILE_19991229MEMORANDUM TO: John Dorney Regional Contact: Non-Discharge Branch WQ Supervisor: Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Whitehart Phase III Project Number 99 03W 6'orlgj Recvd From APP Received Date 3/30/99 Recvd By Region Project Type residential County wake County2 Region Raleigh" Certificates Stream Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim'. Supp. Basin Req. Req. NBR F_ FT _@N, r 37-43-4.5 wsIIi ?Tsw 30.403. F ?- Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? O Y ON Did you request more info? O Y Have Project Changes/Conditions Been Discussed With Applicant? 0 Y O Is Mitigation required? O Y O N ?IZS a ? vl ? i ? I N Recommendation: O Issue 0 Issue/Cond O Deny Provided by Region: Latitude (ddmmss) 35 40 45 Longitude (ddmmss) 78 44 00 Comments: 5 cc: Regional Office Central Office Page Number 1 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 CERTIFIED MAIL-RETURN RECEIPT REQUESTED Mr. Tom Gould H.M. Enterprises, LLC 5821 Holly Springs Rd. Dear Mr. Gould: 1?• NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES April 19, 1999 DWQ Project #990078 Wake County The Division of Water Quality has reviewed your plans for the discharge of fill material into acres of streams and/or wetlands located at SR1010and Graham- Newton Rd. in Wake.County for Whitchant subdivision 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 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 by eliminating the cul-de-sac in the buffer and replacing it with a joint driveway crossing? Also please discuss the feasibility of relocating the southern road outside the stream buffer. Also the application form will need to be modified to describe the length of feet of stream to be culverted. 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 380 Barrett Dr. Raleigh N.C. 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. ncere Rlv, Dorney cc: Raleigh DWQ Regional Office Wilmington Office Corps of Engineers Central Files John Domey Raleigh Field Office Corps of Engineers Michael Athanas; Thompson and Associates 990078.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 THOMPSON & ASSOCIATES 5821 Holly Springs Road Raleigh, NC 27606 December 28, 1998 ':; r- ' 2 ? I998 Mr. John Dorney Department of Environment and Natural Resources Division of Water Quality 4401 Reedy Creek Road Raleigh, North Carolina 27607 RE: Review of Whitehart Subdivision, Phase 1, 2 & 3 Roadway Crossings Dear Mr. Dorney: Attached is a portion of the Lake Wheeler USGS Map section showing no solid blue line streams within the above mentioned subdivision vicinity. This is to request a review from your office of the attached roadway plans for compliance with any known criteria as related to the Neuse River Buffer regulations. If you have any questions concerning this request, please do not hesitate to call me at 851-1709. Sincerely, D. J. Darity, P.E. Thompson and Associates, P.A. Attachments PHONE: (919) 851-1709 FAX: (919) 859-2143 A 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 e?? NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES August 8, 1999 Wake County DWQ Project # 990078 Approval of 401 Water Quality Certification and ADDITIONAL CONDITIONS and Neuse River Buffer Rules Tom Gould HM Enterprises, LLC 5821 Holly Springs Road Raleigh, NC 27606 Dear Mr. Gould: You have our approval, in accordance with the attached conditions, to place fill material in 103 feet of streams for the purpose of constructing road and driveway crossings at Whitehart subdivision, Phase III, as you described in your application dated May 18, 1999. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification number 3103. This Certificate allows you to use Nationwide Permit Number 14 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 permit before you go ahead with .your project including (but not limited to) Sediment and Erosion, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 or CAMA 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 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 wit 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). For this approval to be valid, you must follow the conditions listed in the attached Certification. This approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General Certification. 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 comes first). 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 1508 of the North Carolina General Statues to the Office of Administrative Hearings, PO Box 27447, Raleigh, NC 27611-7447. This Certification and its conditions are final and binding unless you ask for 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 919-733-9646. Sincerely, Division of Water Quality • Environmental Sciences Branch Enviro. Sciences 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 Kerr T. Stevens Cc: Wilmington Corps of Engineers Corps of Engineers Raleigh Field Office Raleigh DWQ Regional Office John Dorney Central Files Raleigh Division of Land Resources Mike Athanas, Thompson and Asso. 990078.1tr H3 THOMPSON & ASSOCIATES 5821 Holly Springs Road Raleigh, NC 27606 May 18, 1999 BCD PAW John Dorney R North Carolina Department of Environment and Natural Resources RECEIVED DWQ Environmental Sciences Branch 4401 Reedy Creek Road Raleigh, NC 27607 Dear Mr. Dorney: Thank you for your letter dated April 19, 1999 in which you gave your recommendations for crossing the buffer at Whitehart Phase 3. Based upon these recommendations we have amended our plans and have moved the cul-de-sac out of the buffer and have replaced it with a joint driveway crossing as you suggested. We have enclosed a copy of the revised plans for your files. In addition to these changes we have also conducted delineation in the area around the crossing and have established that there are no 404 Wetlands on this tract. A copy of Craig Turner's report is attached for your review. We are enclosing a revised PCN for the project as currently configured. Thank you for your assistance. Sincerely, "'xk, ov+1 Michael Athanas Enc. PHONE: (919) 851-1709 FAX: (919) 859-2143 G4 0) W Y X6.01' --' 16'36" W co N `O 07 CO CSI` / Cnl co r c> > V / V 86 70. E \ c 1.58' co 7'45 " W -I ? ZZZ 9?F (10 Ic? / y W N r-rl .6 0) \ tiW. ( ' 0 1$6'88' gB ?p? N 30, 3.9 .?oY), ii ?1 lk2 4' DRIVE //v7- c" C4 EASF? AY b 0 ti co ? y 107.09' 174.84' S 88°48'31" ENT c? r'o ? co c? to, OX C? z0ve\ ) 6L8 2 00 J QO w 0 0 0 N _W N c0 co N ?9'?0? ? «01?Zbo88 WHITEHART SUBD. PH. 3 05/18/99 SCALE: 1" =100' flf<liminary Plat- Not for recor ing, sales, or conveyances 3 z _ r a _ G o / I $ k¦q 1 y1Et Y X64 7? - I C J U !_E7` ???YYY? aZttTT ?? 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P J ? ??I DWQ ID: CORPS ACTION ID: NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #) PRE-CONSTRUCTION NOTIFICATION APPLICATIO FOR NATIONWIDE PERMITS THAT REQUIRE: 1) NOTIFICATION TO THE CORPS OF ENGINEERS 2) APPLICATION FOR SECTION 401 CERTIFCATION 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 MUST BE SENT TO THE NC DIVISION OF WATER QUALITY, ATTN: JOHN DORNEY, 4401 REEDY CREEK ROAD, RALEIGH, NC 27607. PLEASE PRINT OR TYPE 1. OWNER'S NAME: R . m P lJervp -% ?e S, L L C 2. MAILING ADDRESS: !?j S "Z v i SUBDIVISION NAME t Je1-,A r_t CITY: I Q ! STATE: /lqC • ZIP CODE: S'? ®(n PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISIOQN AM (IF DIFFERENT FROM. MAILING ADDRESS ABOVE): 1?QL14?J t?lc.t? _01 4L.u i v er cp, 4,,, y L ^F- ?? r -o, R o eAj (m w Se 3. TELEPHONE NUMBER: (HOME) (WORK) E55 41 - Do l ig 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: 0 e ( S5`{-OD(B) 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: W A)?z - NEAREST TOWN: C e- t ?i?'?inlL ??iMi?U ?we.?li SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.) e 6. IMPACTED OR NEAREST STREAM/RIVER: ?'bv4 Clot t-yA A x s : q ?l RIVER BASIN: Ae-c.'u- kye-l- IJ?S 7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURSE WATERS (ORW), WATER SUPPLY (WS-I OR WS-II)? YES ( ) NO ( t/) IF YES, EXPLAIN: 7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIROMENTAL CONCERN (AEC)? YES ( ) NO (t 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? ?f 8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROJECT? YES ( ) NO (t/, IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): 8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES (tom NO ( ) IF YES, DESCRIBE ANTICIPATED WORK: 9a. ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: iJ i • o i 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: J11A EXCAVATION: 14-0 FLOODING: OTHER : /lO DRAINAGE : TOTAL ACRES TO BE IMPACTED: 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 AVERAGE DEPTH BEFORE: FT AFTER: FT (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) '15 of PiP- -We v%cui 1 y " OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: XC?, r2c3 81 (n2 +'Zb D,, ??1?? T-A- Ct- AW J C L EXCAVATION: 40 Af E COONSTRUCTION OF A DAM/FLOODING: OTHER: 1 4 0j 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED I? DRAINING. TO THE POND?/ WHAT IS THE EXPECTED POND SURFACE AREA? /q/ jo 12. DISCTIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY 11 DRAWINGS ONLY) 1v??c ( S fee+ T-AvL-4dV t5 aAU%fj -„-i+ -`?E11I dQ©??rs 13. PURPOSE OF PROPOSED WORK: ? n C ( i 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS) P1 e- c.,s e- S e -e- y-? p #4t+ 15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR NATIONAL MARINE FISHERIES SERIVE REGARDING THE PRESENCE OF ANY FEDERALY 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: -1 - Z Co - ?, ? 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. DATE CONTACTED 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OT THE USE OF PUBLIC (STATE) LAND? YES ( ) NO ( W,?-(IF NO, GO TO 16) a. IF YES, DOES THE PROJECT REQUIRE PREPERATION OF AN ENVIRONMENTAL DOCUMENT PURUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES( ) NO( ) b. IF YES, HAS THE DOCUMENT BEEN REFIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES ( ) NO ( ) IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATIONFROM 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 IS LAND USE OF SURROUNDING PROPOERTY? IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WTLANDS OR WATERS OF THE US 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 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, ) Th OWNER'S/AG 'S SIGNATURE DATE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED). MEMORANDUM TO: John Dorney Non-Discharge Branch SUBJECT: t WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Whitehart Phase III Project Number 99 0300 Recvd From APP Received Date 3/30/99 Recvd By Region° Project Type residential County wake County2 Region Raleigh Certificates Stream Permit Wetland Wetland Wetland , Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. NBR F__O Y •p N F-- 27-43-4.5 WSIII NSW 30,402. F__F_PY _0N F_F_F__F_F_F__ Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? Q Y O N Did you request more info? Q Y O N Have Project Changes/Conditions Been Discussed With Applicant? QQ Y O N Is Mitigation required? Q Y O N Recommendation: Q Issue 0 Issue/fond O Deny Regional Contact: WQ Supervisor: Date: cc: Regional Office Page Number 1 Central Office Provided by Region: Latitude (ddmmss) 35 40 45 Longitude (ddmmss) 78 44 00 THOMPSON & ASSOCIATES 5821 Holly Springs Road Raleigh, NC 27606 April 13, 1999 Steve Mitchell North Carolina Department of Environment & Natural Resources Raleigh, North Carolina 27609 Re: Alternative Analysis Proposal for Whitehart Subdivision Phase Three Dear Mr. Mitchell This letter is in reference to lots 16 and 17 of the Whitehart Subdivision in the Northwest corner of Phase Three. In order to access lots 16 and 17 the riparian area must be crossed, all other options have been exhausted. The proposed road crossings would be constructed to have minimal disturbance, protect water quality and to provide erosion protection. Best management practices (BMP's) will be installed to insure minimum runoff and maximum water quality protection, if deemed necessary. The proposed stream crossing would be designed to direct stormwater runoff through vegetated areas to the maximum extent practical. All appropriate measures will be applied to control sediment and other pollutants from entering the stream. If you have any further questions, please feel free to contact me at 851-1709 extension 211. Sincerely, f? Michael Athanas PHONE: (919) 851-1709 FAX: (919) 859-2143 I Z0 39vd OOSSW QNH NOSdWOHl 6bTZ6986T6 TO:0T 666T/90/60 -- ...,............ 5255 /l SW , 'LLE46 MJ. ? ? SCALE 1:?4,Wl 1 0 ^?'". 7 1 N e a MN_ 1000 0 1000 2000 3000 ?- 1000 5000 6000 7000 FEET GN 1 .5 0 1 KILOMETER 7L - CONTOUR INTERVAL 10 FEET °' . MILS 1.21' IS MEAN:.&=A.•LEVEL 2a MILS DATUM GRID AND 1964 MAGNETIC NORTH1 _ J 1LINATION AT CENTER OF SHEET ' - ; THIS MAP COMPLIES WITH NATIONAL MAP ACCUNCY STANDARDS FOR SALE BY U. S. GEOLOGICAL •SURVEY. WAS NGTON .25, D. C. AVAILABLE ON REQUEST A FOLDER DESCRIBING TOPOGRAPHIC MAPS AND SYMBOLS; "rr„w Y ? p ` 4 I//S? ? ? ?J n 3954 12r30rJ ??? ', ` ?J ' /?: ? . ,?s` ?? ? .?/?., ,` ? ? 1 r ?'? •I ?JI ? , ?? zV _. g S,f%, ./ 350 t jt3 3953 ? +? ';? 1 / ? ?_ ?? S r• _ .a 11 may: h_ .- ry40' Ow 3952 •' `"' ,r ?,j? ?? J+SPILLWAY ELE? ?, s ? \ L,r t, 1 l •=.-J? 3951 .. •a:.? J "? (633 ``? ' ?` ` ?? I ? ? - (.350 z r ` ? 00 '.. N •.,? 1• ::iH•r _ .. 11 2 11 ? I ` ,?,?`<• -1. \ ^`3"'(?• l'y? ? •? b / \ 3950 , e ° t i F DWQ ID: CORPS ACTION ID: NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PRE-CONSTRUCTION NOTIFICATION APPLIC FOR NATIONWIDE PERMITS THAT REQUIRE: •• 1 N s? 4 . . 1) NOTIFICATION TO THE CORPS OF ENGINEERS 2) APPLICATION FOR SECTION 401 CERTIFCATION 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 MUST BE SENT TO THE NC DIVISION OF WATER QUALITY, ATTN: JOHN DORNEY, 4401 REEDY CREEK ROAD, RALEIGH, NC 27607. PLEASE PRINT OR TYPE. 1. OWNER'S NAME: LL C. 2. MAILING ADDRESS: SUBDIVISION NAME CITY: _ STATE: ZIP CODE: o? 1 ?p Q PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF IFF`E1yRENT FROM MAILING ADDRESS ABOVE):_x1n i ? e_ t. A r• 14C clill ? ?ng -- i h U i C 6)A U t Ft w •1 (0 w f' (? C !n`?ol.Y?n c' r J L-V \ '?o c164 ch- (%. u u> 3. TELEPHONE NUMBER: (HOME) (WORK) 5 S `1- ()Ok?, 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: 1vtP?tA he o 1 )I ") `t - 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): Q i 1 COUNTY: - NEAREST TOWN: `? 1 ' V I SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.) 6. IMPACTED OR NEAREST STREAM/RIVER: y ?C?-? ?v. +. r v. RIVERBASIN: OEUSi V vc: 5c-,Sly, 7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURSE WATERS (ORW), WATER SUPPLY (WS-I OR WS-II)? YES ( ) NO ( :/f IF YES, EXPLAIN: 7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIROMENTAL CONCERN (AEC)? YES ( ) NO ( ,-' 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? 8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROJECT? YES ( ) NO (?) IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): 8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES (- -'j NO ( ) IF YES, DESCRIBE ANTICIPATED WORK: ._ J i .n ?',ll t- fig oA 9a. ' ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: GS 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: otilE 10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: .r FILLING: EXCAVATION: FLOODING: /V OTHER : N DRAINAGE : / /q TOTAL ACRES TO BE IMPACTED: 10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION: LENGTH BEFORE: FT AFTER: WIDTH BEFORE (based on normal high water contours): FT AVERAGE DEPTH BEFORE: _ AIM FT AFTER: FT (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: / PLACEMENT OF PIPE IN CHANNEL: CHANNEL EXCAVATION: COONSTRUCTION OF A DAM/FLOODING: OTHER: 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND? WHAT IS THE EXPECTED POND SURFACE AREA? 12. DISCTIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY 11 DRAWINGS ONLY) 1 IX i r1 7. e-c 13. PURPOSE OF PROPOSED WORK: ?? ?(n w? WL r 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS) x//14 15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR NATIONAL MARINE FISHERIES SERIVE REGARDING THE PRESENCE OF ANY FEDERALY 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: iP n ? e;- fC lk4c cV?A S? f et 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 AFFECTEI) BY THE PROPOSED PROJECT. DATE CONTACTED 2 C, 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OT THE USE OF PUBLIC (STATE) LAND? YES ( ) NO ( ?S (IF NO, GO TO 16) a. IF YES, DOES THE PROJECT REQUIRE PREPERATION OF AN ENVIRONMENTAL DOCUMENT PURUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES( ) NO ( ) b. IF YES, HAS THE DOCUMENT BEEN REFIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES ( ) NO ( ) IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATIONFROM 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 pF THE STORMWATER MANAGEMENT PLAN IF REQUIRED. e. WHAT IS LAND USE OF SURROUNDING PROPOERTY? f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WTLANDS OR WATERS OF THE US 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 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, OWNER'S/AGENT'S SIGNATURE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED). ?3 z6 39 DATE • J 0 %26/99 FRI 16:01 FAY 1 919 856 4556 USFWS-RALEIGH,NC i UNITED STA'T'ES DEPARTMENT OF THE INTERIOR Fish and. Wildlife Service Ecological. Services Post Office Box 33726 Raleigh, North Carolina 27636-3726 FAX COVER, SHEET To: ATTN: DATE: NUMBER OF WAGES (INCLUDES COVER SHEET) C w 's FROX 4 w - TELEPHONE NUMBER: 919-856-4520 EXT: FAX NUMBER: 919-856-4556 zo01 ( 126/99 FRI 16:01 FAX 1 919 856 4556 USFWS-RALEIGH,NC ENDANGERED, THREATENED, AND CANDIDATE SPECIES AND FEDERAL SPECIES OF CONCERN, BY COUNTY, IN NORTH CAROLINA This list was adapted from the North Carolina Natural Heritage Program's County Species List_ It is a listing of Notch Carolina's federally listed and proposed endangered, threatened, and candidate species and Federal species of concern (for a complete list of rare species in the state, please contact the North Carolina Natural Heritage Pi ogram). The information in this list is compiled from a variety of sources, including field surveys, museums and herbariums, literature, and personal communications. The North Carolina Natural Heritage Program's database is dynamic, with new records being added and old records being revised as new information is received. Please note that this list cannot be considered a definitive record of listed species and Federal. species of concern, and it should not be considered a substitute for field surveys- Critical habitat: Critical habitat is noted, with a description, for the counties where it is designated. Aquatic species: Fishes and aquatic invertebrates are noted for counties where they are known to occur. However, projects may have effects on downstream aquatic systems in adjacent counties. Seri turtles,: Sea turtles occur in coastal waters and nest along beaches. This list includes sea turtles in the counties where they are known to nest. The U.S. Fish and Wildlife Service has jurisdiction over sea turtle issues on terrestrial systems; the National Marine Fisheries Service has authority over sea turtles in coastal waters. Manatees: Manatees occur throughout North Carolina's coastal waters; this list includes manatees in counties where there are known concentrations. The U.S. Fish and Wildlife Service has Consultation and recovery responsibility for manatees. [a O02 JQnuarv 15 1999 Pnnn 1 nfQ4 1•'26/99 FBI 16:02 FAT 1 919 856 4556 USFWS-RALEIGH,NC (a 003 KXY: Status Definition Endangered A taxon "in danger of extinction throughout all or a significant portion of its range." Threatened A taxon "likely to become endangered within the foreseeable future throughout all or a significant portion of its range." Proposed A taxon proposed; for official listing as endangered or threatened. C1 A taxon under consideration for official listing for which there is sufficient information to support listing. ' FSC A Federal species 'of concern--a species that may or may not be listed in the future (formerly C2 candidate species or species under consideration for listing for which :here is insufficient information to support listing). T(S/A) Threatened due to similarity appearance ( g., American alligator }--a species that is threatened due to similarity of appearance with other rare species and is listed for its protection. These species are not biologically endangered or threatened and are not subject to Section 7 consultation. EXP A taxon that is listed as experimental (either essential or nonessential). Experimental, nonessential endangered species (e.g., red wolf) are treated as threatened on public land, for consultation purposes, and as species proposed for listing on private land. Species with 1, 2. 3, or 4 asterisks behind them indicate historic, obscure, or incidental records, *Historic record - the species was last observed in the county more than 50 years ago. "Obscure record - the date and/or location of observation is uncertain. sM*Incidental/rrdgrant record - the species was observed outside of its normal range or habitat. *-**Historic record - obscure and incidental record. `In the November 4, 1997, Federal Regisrer (55827-55825), the northern population of the bog turtle (from New York south to Maryland) was listed as T (threatened), and the southern population (from Virginia south to Georgia) was listed as T(S/A) (threatened due to similarity of appearance)- The T(S/A) designation bans the collection and interstate and international commercial trade of bog fumes from the southern population. The T(S/A) designation has no effect on land-management activities by private landowners in North Carolina, part of the southern population of the species. In addition to its official status as T(S/A), the U.S. Fish and Wildlife Service considers the southern population of the bog turtle as a Federal species of concern due to habitat loss. January 15, 1999 Page 49 of 49 03/261199 FRI 16:02 FAX 1 919 356 4556 USF1t'S-RALEIGH,NC COMMON NAME SCIENTIFIC NAME STATUS WAKE COUNTY Vertebrates Bachman's sparrow Aimophila aestivalis FSC Bald eagle ' Haliaeetus leucocephalus Threatened Southern hognose snake Heterodon simus FSC* Southeastern myotis Myotis austroriparius FSC Real-cockaded woodpecker Picoidgs borealis Endangered Invertebrates Dwarf wedge mussel Alasmidonta heterodon Endangered Yellow lance Elliptio lanceolata FSC Atlantic pigtoe Fusconaia masoni FSC Green floater Lasmigona subviridus FSC Diana fritillary butterfly Speyeria diana FSC' Vascular Plants Sweet pinesap Monotropsis odorata FSC Michaux's sumac Rhus michauxii Endangered Carolina least trillium Trillium pusillum var. pusillum FSC WARREN COUNTY Vertebrates Bachman's sparrow Aimophila aestivalis FSC Invertebrates Dwarf wedge mussel Alasmidonta heterodon Endangered Yellow lance Elliptio lanceolata FSC Tar spinyrnussel Elliptio steinstansana : Endangered Atlantic pigtoe Fusconaia mason/ FSC Vascular Plants Heller's trefoil Lotus helleri FSC WASHINGTON COUNTY Vertebrates Red wolf Canis rufus ESP Rafinesque's big-eared bat Corynorhinus (=Plecotus) rafinesquii FSC Waccamav, killifish Fundulus waccamawensis FSC Bald eagle Haliaeetav leucocephalus Threatened Z 004 Innunrv 1 5 1099 Page 45 of 49 State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director Mr. D. J. Darity Thompson and Associates 5821 Holly Springs Road Raleigh, NC 27606 Dear Mr. Darity: NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES February 15, 1999 DWQ # 990078 Wake County On December 29, 1999 the Division of Water Quality (DWQ) was notified by receipt of your letter of December 28, 1998, regarding your plan to construct a roadway for the purpose of Whitehart subdivision, Phase 1 and 2 in Wake County. Approval from DWQ is required to construct this road if streams or wetlands are present. The USGS topo map you refer to is not definitive in this regard. Please contact the US Army Corps of Engineers Raleigh Field Office to determine whether waters of the US are present on the property. If present the enclosed application needs to be completed and returned to us with 7 copies of the application, supporting maps. and documentation. In particular as described in 15A NCAC 2B .0502, we will require. . you to locate all streams and ponds on the property. Please show these on maps of suitable scale for your entire site (for instance 1" = 100 feet) so we can begin to determine your projects' compliance with 15A NCAC 2H.0500. In addition, the N.C. General Assembly enacted a new law effective January 1, 1999 which requires fees for 401 Water Quality Certifications. If the impact is equal to or less than one acre of wetland (or waters) or 150 feet of streams, payment of $200.00 is required. If the proposed fill exceeds these thresholds; the fee is $475.00. Checks should be made payable to the N.C. Division of Water Quality and sent in with the application. Please call me at 919-733-1786 if you have any questions or would require copies of our rules or procedural materials. cerely Jo n R. Dorney cc: Raleigh DWQ Regional Office Wilmington Corps of Engineers John Dorney Central Files 990078.pnd 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 SCALE 124000 a - 1 0 MN 1000 0 1000 2000 3000 L 1000 5000 600D 7000 FEET GN 1 .5 0 ° 1 KILOMETER 4•'' - CONTOUR INTERVAL.--10•`FEET .71 MILS 1.21' DATUM IS MEAN QEA LEVEL 24MIL5 . 3955. GRID AND. 1964 MAGNETIC NORTH - ' - _ - - .. ',LINATION-AT CENTER OF SHEET - '-' ? 01 a THIS MAP COMPLIES WITH NATIONAL MAP ACCUqICY STANDARDS ' FOR SALE BY U. S. GEOLOGICAL SURVEY. WAS4NGTON.25, D. C, A FOLDER DESCRIBING TOPOGRAPHIC MAPS AND SYMBOLS 11, AVAILABLE_ ON REALEST 3954 421301 n}t X c ((s ?^ { 1 ?' •1 11 4 F 3953. ? i . • jt ?. r` ? r 5- / - gpC ' j?j s1 OVE 39 - '• \ ?J ?? ? r° -,? r '- '15- ri,•-. I, 2> _ rx- _ / _ ,?.= - - i ?•.a,s:, t', ???L 1LiWAY ELEV lAJ ! v"? 1 1 , 3951 3950 -;? ?Ih.. 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