HomeMy WebLinkAbout19990576 Ver 1_COMPLETE FILE_19990602`,ite of North Carolina
apartment of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
June 15, 1999
Wake County
DWQ Project # 990576
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Fairfax Capital, Inc
175 Lookout Place
Suite 201
Maitland, FL 32751
Dear Sirs:
You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 0.179
acres of wetlands or waters for the purpose of a residential development, as you described in your application dated June 2, 1999.
After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3108.
This certification allows you to use Nationwide Permit Number 26 when the Corps of Engineers issues it. 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 Water shed 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). 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. 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.
tevens
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Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
John Domey
Central Files
Kevin Martin, S & E C
990576.1tr
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
Soil & Environmental Consultants, Inc.
244 West Millbrook Road • Raleigh, North Carolina 27609 • Phone: (919) 846-5900 • Fax: (919) 846-9467
Web Page: www.SandEC.com
PAWENT
US Army Corps of Engineers - Regulatory
Attn: Todd Tugwell'
6508 Falls of the Neuse Road.
Suite 120
Raleigh, NC 2761.5 4011A(VZ5 Ul-
Dear Mr. Tugwell and Mr. Dorney:
greenwaY. ( p)
Previous wetland impacts totaled 0.329 acres. Therefore, if approved project impact
totals would equal 0.499 acres.
May 28, 1999
Job #1397
DEHNR - DWQ
Wetlands Group
Attn: John Dorney
4401 Reedy Creek Road
Raleigh, NC 27607
The purpose of this letter is to notify you of our request to utilize Nationwid A_J for the project known as Beckett Crossing. The project is located x l V
is shown on the attached site map and USGS Topo Quad
hlberg
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approved the wetland delineation shown in 1995. At that t 1tQ roperty owner was
Bert, LLC and the project was called Fairfax Woods. SUN ' Z `
A Nationwide Permit 26 will be necessary to impact 0.179 a res near feet of
stream channel (see map) of jurisdictional waters and wetann s abo ?waters for
construction of a see attached site Tans
An agent authorization form is enclosed. The project is in the Cape Fear River Basin
Please call if you have questions or if you intend to perform a site visit. The client has
stated that impact are unavoidable and have been minimized to the greatest extent
practical.
Sincerely,
41,64(- ,10-k
Kevin C. Martin
President
Wetland Delineation/Permitting/Mitigation Soil/Site Evaluations On-Site Septic Systems Environmental Assessments/Audits
Neuse Basin and Watershed Buffer Evaluations Groundwater Hydrology Endangered Species
Branch Office: 231 16th Avenue N.E. Hickory, North Carolina 28601 • Phone: (828) 322-6700 Fax: (828) 322-6790
DWQ ID: 980778
Corps Action ID: 199821196
Nationwide Permit Requested (Provide Nationwide Permit ft 26
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. Owner's Name: Fairfax Capital, Inc.
2. Mailing Address: 175 Lookout Place, Suite 201
Subdivision Name: Beckett Crossi
City: Maitland State: FL Zip Code: 32751
Project location address, including subdivision name (if different from mailing address
above): See Vicinity Map
3) Telephone Number (Home): (Work): 407-645-5244
4) If applicable, agent's name or responsible corporate official, address, phone
number:
Soil & Environmental Consultants, Inc. Phone: (919) 846-5900
244 West Millbrook Road Fax: (919) 846-9467
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: Apex
Specific Location (include road numbers, landmarks, etc.):
North of SR1160 - See vicinity map
6. Impacted or nearest stream/river: Unnamed tributaries of Beaver Creek
River Basin: Cane Fear
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 E] NO ® If yes, explain:
7b. If the project is located within a North Carolina division of coastal management
area of environmental 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 property?
YES ® NO ? If yes, provide Action ID number of pervious permit and
any additional information (including photocopy of 401 certification).
0.329 acres Action ID# 199821196
8b. Are additional permit requests expected for this property in the future?
YES ? NO ® If yes, describe anticipated work:
9a. Estimated total number of acres in tract of land: 67 acres
9b. Estimated total number or acres of wetlands located on project site: ±5 acres
10a. Number of acres of wetlands impacted by the proposed project by:
Filling: 0.17 Excavation:
Flooding:
Other:
Drainage: Total acres to be impacted: 0.17
10b. (1) Stream channel to be impacted by the proposed project (if relocated,
provide distance both before and after relocation):
Length before: 10
After: 10
Width Before (based on normal high water contours):
Width After:
Average depth before:
(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?
What is the expected pond surface area?
12. Description of proposed work including discussion of type of mechanical
equipment to be used (attach plans 81/2" x 11" drawings only):
After:
Construction of public greenway 1 0' wide
13. Purpose of proposed work: To allow construction of a public greenway in an
existing easement
14. State reasons why it is believed that this activity must be carried out in wetlands
(include any measures taken to minimize wetland impacts):
See attached S & EC letter
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).
Performed by USACOE
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:
Performed by USACOE
17. Does the project involve an expenditure of public funds or the use of public (state)
land?
YES ? NO ® 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
f. If applicable, what is proposed method of sewage disposal?
N/A
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 N rth C rolina Coastal Management program.
gent's Sign to Date
(Agenfs signature valid only if Agent Authorization Letter from the owner is provided
(18 g.))
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Soil & Environmental Consultants, Inc.
144 West t,ii tcy-)k Raad S IL leigh, North Carolina '276V)19(919) fA6.5900IN pax (919) ee16.9467
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Re. wetlands Related Consulting and Permitting
To Wham it May Concern:
t, the CUrrCnt "r'a a owner, horeby de$ignata atld authorise $olt and E y IppliC?tions, to
canaultants, ,no, to aGt in my behalf AS my npeht In the prooeSsing of permit furnish upon requeJA piernentAl I formation in & R 0 of applications, etc. from thls day
fotvrard, This tho day of L -
This oottficatlon supet?,Qdes any PreVlat,s cctrTOPOndence conoemin ayont for this protect.
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cc; Mr. John Domey
NCDEH&NR•OEM
Water Quality Ptantlirlg
4401 Ready Creek Road
Raleloh, NC 27607 .
cc: Mr. Kevin Martin
Soil end Environmental Consultants, Inc.
LVRiuation N Mapping a,la Physical Anal,y;,iti IN Vgvtland,, Mapping; aria Mitigation ¦ l-r.?,r?'??rn? r,t.ri ??
on-Site Waste 'lreatinent `•;)'Mvrns 1',--'?%ntion and Design
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