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