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HomeMy WebLinkAbout19990415 Ver 1_COMPLETE FILE_19990428State 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 1 ? • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRQNM ay?7Y',T19 AND NATURAL RESOURCES M99 Wake County DWQ Project # 990415 APPROVAL OF 40I.Quality Certification and ADDITIONAL CONDITIONS and Neuse River Buffer Rules Mr. Linwood Jones Southwind Land Co. Inc. Gardner N.C. 27529 Dear Mr. Jones You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 0.01 of wetlands or waters for the purpose of constructing a road crossing at Lancaster Place Subdivision, as you described in your application dated 26 March 1999. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3102. This certification 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 permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application except as modified below. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h) (6) and (7). This approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds to notify the state in order to assure compliance for future wetland and/or water impact. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). 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. 276 1 1-7447. 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. , Py tev ens s Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office Raleigh DWQ Regional Office John Dorney 990415.1tr Central Files Division of Water Quality • Non-Discharge 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 MEMORANDUM TO: John Dorney Regional Contact: Steve Mitchell Non-Discharge Branch WO Supervisor: Ken Schuster Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Lancaster Place Project Number 99 0415 Recvd From APP Received Date 3/26/99 Project Type Recvd By Region 4/28/99 County Johnston County2 Region Raleigh Certificates Stream Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. Q Y ON Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N Is Mitigation required? 0 Y (0 N Recommendation: 0 Issue 0 Issue/fond 0 Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: Issue for 0.01 a of im acp t for phase 1. application does not address addditional impacts for remaining phases This is across 1010 from my house cc: Regional Office Central Office Page Number 1 Facility Name Lancaster Place County Johnston Project Number 99 0415 Regional Contact: Steve Mitchell Date: Comments (continued from page 1): cc: Regional Office Central Office Page Number 2 .4 - A DWQ ID: CORPS ACTION ID: NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #) R NOD NSTRUCTION NOTIFICATION APPLICATION PERMITS THAT REQUIRE: ATION TO THE CORPS OF ENGINEERS .TION FOR SECTION 401 CERTIFCATION 4ATION WITH THE NC DIVISION OF COASTAL MANAGEMENT pAYMM RECEIVED SAND-THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). ' ' (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: G" 011) WD TAFAPY.) IAIC. 2. MAU.ING ADDRESS: 201 61,01 ROAD GAPIVEP, A/C Z7529 SUBDIVISION NAME ?AIUCASTI/P- PLACE p- STATE: lvG ZIP CODE: Z757,9 NUMBER: (HONE) (WORK) (919) 773-0183 4. If APPLICABLE: AGENT'S ;VAN E OR RESPONSIBLE CORPORATE OFFICIAL.. ADDRESS. PHONE NUMBER: I.,IIUWObD J. JOAl6S , PRESIDENT Z01 GLEN P-OAD CnaP- &P- , A/& 2,757-9 6919) 773-0103 i LOCATION OF WORK (PROVIDE .A yIAP. PREFERABLY .A COPY OF USGS TOPOGRAPHIC ?(.-i? OR AERIAL PHOTOGRAPHY WITH SCALE): JOHAIsTON ' -NEAREST Town GLAY-MN CO(.'NTY SPECIFIC LOCATION (INCLUDE ROAD NUNtBERS. LANDMARKS. ECT.) UAOIGASTEK PLACE is APP9XIMaTFLY 202 ACMES, LOCATED SOUTH OF SP- 1010 AND ,10P-THWEST of s,- 1526, APPPOX?MATELY (o WEST OF CLAYTON, NG L,OAIG I TU D5 73° 33'30" ATI TUDE 35° 35' I S" 6. IMPACTED OR NEAREST STREAMVRIVER: SWIFT GAIL RIVER BASIN: Zblso 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-In? YES ( ) NO (--) IF YES, EXPLAIN: 7b. IS THE PROJECT LOCATED WITH N A NORTH CAROLINA DMSION 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? u/A 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 ADDI?7`? INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): 8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES ( ) NO (,-) IF YES, DESCRIBE ANTICIPATED WORK: 9a. ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: Z02 AGF-ES 9b. ESTIMATED TOTAL NL"MBER OF ACRES OF WETLAXDS LOCATED ON PROJECT SITE: 1.07 AGES l0a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: 0,01 AGP-b EXCAVATION: FLOODING: OTHER : 0.01 AGI-E)S DR.UNAGE : 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: /44 FT AFTER: 144 FT WIDTH BEFORE (based on normal high water contours): FT AVERAGE DEPTH BEFORE: 3 FT AFTER: 3 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 DAMIFLOODING: OTHER: 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND? WIA 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) Pf AGEMGAJ T OF PIPE A U D PAUL FV_ IA/ M5T l NCi GHAASL FOP. THP PUPPosE OF A 90APWAY ba55*6 13. PURPOSE OF PROPOSED WORK: PEA--t PENT'IA L SU1319IVI sl d N 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS ( INCLUDE ANY MEASURES TAKEN TO :?(INI?(IZE WETLAND IMPACTS) CAN NUT DWR VP SUNWI1 4DN WITHOVT A 900 C905511U6 13. YOU ARE REQUIRED TO CONTACT THE US FISH AIND 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? THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: 32"/ 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WF 3 H Z 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 (i) (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, A s-D 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 INIPACTED BY PRODUCT. c. IF DELINEATION WAS PERFORMED BY A CONSULTANT. INCLUDE ALL DATA SHEETS RELEVA,VT 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'' eE,r--,IDENTIAI- f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL.? wo VI DUAL 59-nc 7-ANKS g. SIGNED AND DATED AGENT AUTHORIZATION LETTER. IF APPLICABLE. NOTE: WTLANDS OR WATERS OF THE US MAY NOT BE II PACTED 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. 3-2-4-99 O 'SIAGENT'S SIGN DATE ,PJRV (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED). U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. 199607198 County Johnston GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner Southwind Land Company. Incorporated Address Attn: Mr. Linwood Jones President 201 Glen Road Garner North Carolina 27529 Telephone Number (919) 773-0183 Size and Location of project (waterway, road name/number, town, etc.) 210 +/- acres located on the south side of SR 1010 and on the northwest side of SR 1526. Lancaster Place subdivision, Uproximately 5-6 miles west of Clanton. North Carolina. The property is located adjacent to. and above the headwaters of, an unnamed tributary to Middle Branch. Description of Activity Clearings filling and excavation activities associated with the construction of 4 minor road crossings which cross the same unnamed tributary by four separate road for a residential subdivision development. Jurisdictional impacts total 0.15 acre to waters of the United States only (no wetlands). X Section 404 (Clean Water Act, 33 USC 1344) only. Section 10 (River and Harbor Act of 1899) only. Section 404 and Section 10. 14 Nationwide Permit. Any violation of the conditions of the Regional General or Nationwide Permit referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal action. This Department of the Army Regional General/Nationwide Permit verification does not relieve the permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. Regulatory Project Manager Signatur \ Date 12 Mar 1998 Expiration Date 12 Mar 2000 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. SCALE: 1' F TIHWIND ?. AM 201 GLEN ROAD G, N, GARNER. N.C. 27529 919-773-0183 919-773-0148 (FAX) LANCASTER PLACE SOUTHMAND LAND COMPANY, INC. I STATE PRO.J. No. 3-11-99 cwoanas? ti r 101 102 CHRISTINE DRIVE OFFSITES 104 67 95 94 0.01 AC 1tv?pgcTtD 72 ,o' unUTY do r DRAINAGE ESMT. O I Ti ? 231 232 ''1 2 :C7 RiPA Atj g u fo`1a {L W cT?.q?.?OS 70 71 73 )"Q 0 WETLANDS ® RIPARIAN BUFFER SCALE: 1"- 100' SOUTHWIND LANCASTER PLACE A JO 201 GLEN ROAD GARNER. N.C. 27529 OWNER • 919-773-0183 SOLITHWND LAND COMPANY, INC. 919-773-0148 (FAX) DATE PRO.1. Na STATE 3-11-99 W950637 N.C. 403?'TAI FOR A CARING COMMUNITY ra.r/ vv-In ,a• a - o"W11WAY lot 14041H Concern ?j ? / a V • p • 9I1•8 • CE 801 IJ16 SMITHFIELD. NC 2157) y , . ri 45TON 1 • I ?J Y • .7 ?I 1VTY i ? ?" /?•/,' ma'y'::.:.: -- ? 1.0 .'-? , \ ,? ? `7, \{f ? .: `? ? ? L ? ? J Mir Yj ''},? ?? 1. - Bey. • ?? - • V ,+ / ° D M? 5 4 it ft ; - J `w , \? \A, • e \? - • ? ?: - ?' 1'1"r _ -? tom,.,, +. ..•.r " '' , •' J t, d \,o vF 14 01 1• % ;mJ% r-7- r