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HomeMy WebLinkAbout20000326 Ver 1_COMPLETE FILE_20000317State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Edward Blevin Iffl?WAA 1 • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES June 15, 2000 Wake County DWQ Project N: 000326 APPROVAL OF 401Quality Certification and ADDITIONAL CONDITIONS and Neuse River Buffer Rules Goldsboro Properties. Inc. Post Office Box 806 Creedmoor, NC 27522 Dear Mr. Blevin: You have our approval, in accordance with the attached conditions and those listed below, to place fill within 140 linear feet of strearns and protected riparian buffers for the purpose of constructing a road crossing within the proposed Granville Oaks Apartments residential subdivision, as you described in your application dated March 16, 2000. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3103. 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 LAMA permit expires unless otherwise specified in the General Certification. This Certification replaces the one issued on May 18. 2000. 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. I . Deed notifications or similar mechanisms shall be placed on all remaining jurisdictional wetlands and waters o: 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). 2. An additional condition is that stormwater shall be directed to sheettlow at non-erosion 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 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 276 11-7447. 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 919-733-9646. Si el Stevens Attachment cc: Corps of Engineers Raleigh Field Office Raleigh DWQ Regional Office File copy Central Files Kevin Martian; Soil & Environmental Consultants Rick Baker; PO Box 41087, Raleigh, NC 27629 Division of Water Quality • Non-Discharge Branch 1621 Mail Service Center Raleigh NC 27669-1621 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper Soil & Environmental Consultants, Inc. 11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467 Web Page: www.SandEC.cotn ®?D r3 6 March 16, 2000 Job #98-3975 NCDEH & NR - DWQ US Army Corps of Engineers Attn: Mr. John Dorney Attn: Ms. Jean Manuele 4401 Reedy Creek Road 6508 Falls of the Neuse Road, Suite 120 Raleigh, NC 27607 Raleigh, NC 27615 Re: Request for Nationwide Permit 14, and Neuse Basin Buffer Compliancc_je" ? information. Granville Oaks Apartments (Formerly The Bridges) DWQ#981187 Corps Action 11) 199920053 ?- s Dear Mr. Dorney and Ms. Manuele: The purpose of this letter is to request authorization of Nationwide Permit 14 for 0.048 acres (140' of channel). The project is located in Granville County east of SR 1108 and south of Hwy 56 near Butner, NC (see Site Vicinity Map). All impacts will result from the fill of jurisdictional waters for a road for residential development (see Site Plan). Impacts are to areas subject to tile Neuse Buffer Rules based on a site visit by Mr. Danny Smith of DWQ. The stream may be DWQ significant and Corps "important". But impacts are minimal so no mitigation should be required. A map showing project impacts to jurisdictional areas is enclosed. Total project wetland acreage impacts, as proposed, are below the DWQ 1 acre mitigation threshold and 150 linear feet. Stream mitigation should not be required for the proposed impacts. The impacts are below Nationwide permit notification thresholds for the Corps but we are doing so as a professional courtesy. DWQ notification is required for use of Nationwide Permit 14. Permits for future phases if necessary, will be submitted once detailed plans are prepared. Previous approved impacts total 130' of unimportant insignificant stream and 0.009 acres under Nationwide Permits 26 and "13. Buffer mitigation should not be required since per stream impacts are less than 150' and 1/3 acre. (1.e. OWN' are 140' of channel and 0.32 acres of buffer) Please Contact uS if you have any questlOnS. Sincerely, 7?( Kevin C. Martin Welland Del inea( ion/Permitting/Mit igation Soil/Site Evaluations Neuse Basin and Watershed RufTer Fvaluations A rrn n C`) -< M 3 C I-TI rTl V ---1 KCM/kdu On-Site Septic Systems Environmental Assessments/Audits Groundwater I lydrology Endangered Species Charlotte OfIicc: (704) 516-3022 • I lickory OfGcc: (828) 312-7902 ®®0326 DWQ ID: 981187 Corps Action ID: 199920053 Nationwide Permit Requested (Provide Nationwide Permit #): 14 Pre-Construction Notification Application For Nationwide Permits that Require: 1) Notification to the Corps of Engineers 2) Application for Section 40"1 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. I. Owner's Name: Goldsboro Properties LLC Attn: David Rutledge 2 Mailing Address: 3317 Clarden Park Drive Subdivision Name: The Bridges, Phase I City: Raleigh State: NC Zip Code: 27613 Project location address, including subdivision name (if different from mailing address above): 3) Telephone Number (Home): 4) If applicable, agents name or responsible corporate official, address, phone number: Soil & Environmental Consultants, Inc. Phone: (919) 846-5900 11010 Raven Ridge Road (Work): 919-870-7501 Fax: (919) 846-9467 Raleigh, NC 27614 5. Location of work (provide a map, preferable a copy of USGS topographic map or aerial photograph with scale): County: Granville Nearest town or city: Butner Specific Location (include road numbers, landmarks, etc.): 6. Impacted or nearest stream/river: Unnamed tributary of Ledge Creek River Basin: Neuse 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 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). Corps Action ID# 199920053 DWQ# 981187 (NW26-0.005 acres, NW 13-0.004 130'of unimportant stream) 8b. Are additional permit requests expected for this property in the future? YES ? NO ? If yes, describe anticipated work: Unknown whether future development will require any permits. 9a. Estimated total number of acres in tract of land: 72 9b. Istimated total number or acres of wetlands located on project site: <1 acre 10a. Number of acres of wetlands impacted by the proposed project by: Filling 0.048 Excavation: Flooding: Drainage: Other: Total acres to be impacted: 4.048 101). (1) Stream channel to be impacted by the proposed project (if relocated, provide distance both before and after relocation): Length before: 140' After: Width Before (based on normal high water contours): 15' Width After: Average depth before: After: (2) Stream channel impacts will result from: (check all that apply) Open channel relocation: ? Placement of pipe in channel: ® 105' Channel Excavation: ® Construction of a Dam/Flooding: ? Other: placement of rip rap 35' 17. 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 8 1/2" x 1 I" drawings only): Construction of a road for an apartment complex 13. Purpose of proposed work: Allow utilization of uplands for an apartment complex 14. State reasons why it is believed that this activity must be carried out in wetlands (include any measures taken to minimize wetland impacts): The stream bisects the property and it must be crossed to allow access to high ground. The crossing is as perpendicular as possible. 15. You are required to contact the U.S. Dish 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). Handled 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: Handled 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 tile 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 "171) is YES, then submit appropriate documentation from the state clearinghouse to division of environmental management regarding compliance with the North Carolina 1?nviroil nlental 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, 2"I, 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? Commercial, residential or undeveloped If applicable, what is proposed method of sewage disposal? Municipal 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 ith the North Caroli a C astal Management pro ram. Owner's Agent'. Signature Date (Agent's signature valid only if Agent Authorization Letter from the owner is provided (18 g.)) Soil & Environmental Consultants, Inc 244 West Millbrook Road ¦ Raleigh, North Carolina 27609 ¦ (919) 846-5900 ¦ Fax (919) 846-9q AGENT AUTHORIZATION FORM / All Blanks To Be Filled In B The Current Landowner Name: 12C1K a o _e L? S 1 L_ Address: 3 C Q t1 d? o?? Q1? le? - / Phone: cJ 2-570 We Project Name/Description: 1 S - Date: l The Department of the Army U.S. Army Corps of Engineers, Wilmington District P.O. Box Wilmington, NC 28402 Attn: _ --Vjac' 4--- Field Office: Re: Wetlands Related Consulting and Permitting To Whom It May Concern: I, the current ro er owner, hereby designate and authorize Soil & Environmental Consultants, Inc. to act in my behalf as my agent in the processing of permit applications, to furnish upon reque t supplemental information in support of applications, etc. from this day forward. Theme day of This notification supersedes any previous correspondence concerning the agent for this project. NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by S&EC staff. You should call S&EC to arrange a site meeting prior to visiting the site. Pe JIV:C/ A_ Print Property Owner's Name ()L W1_ /5L4?11 Property Owner's Signature cc: Mr. John Dorney cc: Mr. Kevin Martin NCDEI I & NR - DWQ Water- Quality Planning Soil & Environmental Consultants, Inc. 4401 Reedy Creek Road Raleigh, NC 27607 agentlrm Ph ;rc-rl Aii:iksrs `,\'c tl:rnci; \1aI?J?rnt; AIId -'Aitis;:rtro>n 3 i J I ` PPP'r' . NY X slesp I Ni- 11173 Mu d Oenter BM 386 - St1bt o pita0 y , __ l ?? 1 y i \c \ ? I?YOQS f ?. .?\? .. f.? d= yp?? I,?v ,. III /? ) `l OIL- O? i . o o• ) 1. •1 .W-- / S /* Gem 1 ) 3 Lake ?. QRogm ?CCS- 1 281 Side ?? \- ?:' 1 f J 8 `! % ?- ?J \ 1/ '03y- DURHAM 13 All 1704 2 080 000 FEET 105 ' 42'3(r 1'07 .d, edited, and published by the Geological Survey Ste %ok a )y USGS, NOS/NOM, USCE,and North Carolina Geodetic Survey * ' ? Phy by photogrammetric methods from aerial photographs o 374. Field checked 1974 I _r 1 IFV 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 APPROVAL of 401 Water Quality Certification Goldsboro Properties, LLC Mr. David Rutledge 3317 Clarden Park Drive Raleigh, NC 27613 Dear Mr. Rutledge: e0? RCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES . ...YJ December 10, 1998 Granville County I Q WQ C 401 Project # 9 1 You have our approval, in accordance with the attached conditions, to place fill material in 0.009 acres of wetlands or waters for the purpose of constructing apartments, as you described in your application dated December 1, 1998. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Numbers 3108 and 3102. These Certifications allow you to use Nationwide Permit Numbers 26 and 13 when the Corps of Engineers issues them. This Certification is also covered by the Neuse River Buffer rules. 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 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). 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. If you have any questions, please telephone John Dorney at 919-733-1786. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office Raleigh DWQ Regional Office Mr. John Domey Central Files Kevin Martin, S& E C 981187.Itr Division of Water Quality • Environmental Sciences Branch Environmental 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 ---------- : J '' ---------- I A, I all ------ -007 Ao Q vv II ,I -------------- ------------------- ------- --- -- -- = _ i I"j ------- ------ - - - - - - - - -- yr, \ I ? I b F I - I O O O O N O O O N 0 O O N _II W U L o? 9 all I 1a _ s yyyy ?11 ? ?l?a N U a a ? N I- W 40 N ry 40 Q Z = W? W \ \ \ \\\\\\s\\\\\\ \\ .?? vv ,, ???/ ??? y ? \ \ \ \W _?vy vC? vvv vvVvvv?,?w_?(n v\ v? v ? ?\v v v ? V '?- v v v v? v v v v v - v yy ???????\?v vv v v vv vv y??y v vvvv?Av??vv? 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