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HomeMy WebLinkAbout20000394 Ver 1_COMPLETE FILE_20000328State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor NC ENR Bill Holman, Secretary NORTH CAROLINA DEPARTMENT OF Kerr T. Stevens, Director ENVIRONMENT AND NATURAL RESOURCES May 30, 2000 Johnston County DWQ Project #: 000394 APPROVAL, OF 401Quality Certification and ADDITIONAL CONDITIONS and Neuse River Buffer Rules Mr. Julian Marshall 837 South Brightleaf Blvd Smithfield. NC 27577 Dear Mr. Marshall: You have our approval, in accordance with the attached conditions and those listed below, to impact 0.33acres of wetlands and 144 linear feet of streams for the purpose of constructing road crossings near I-40 and NC42, as you described in your application dated March 28, 2000. 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). 2. Stormwater shall be directed to flow at non-erosive velocities across the entire protected stream buffers. 3. An additional condition is that a final, written stormwater management plan shall be approved by this Office if any commercial, industrial or institutional development occurs on site and before the impacts specified in this Certification occur. The stormwater management plan must include plans and specifications for stormwater management facilities designed to remove 85% TSS according to the most recent version of the NC DENR Stormwater Best Management Practices Manual. Also, before any permanent building is occupied at the subject site, the facilities, as approved by this Office, shall be constructed and operational, and the stormwater management plan, as approved by this Office, shall be implemented. 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 919-733-9646. I V \ - teven' s Attachment cc: Corps of Engineers Raleigh Field Office Raleigh DWQ Regional Office File copy Central Files Raleigh Division of Land Resources Linwood Jones; Southwind Surveying and Engineering 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 PAYMENT 8 RECEIVED WET9 B ft pl1l1 _ 'OVATERQom UALITY SE 000394 ?.._. .. DWQ ID: CORPS :ACTION ID: NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT f#) PRE-CONSTRUCTION NOTIFICATION APPLICATION 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). S_ (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: Soy i Anl F mA4_svNA1 l 2. MAILING ADDRESS: 63`1 Sov? SUBDIVISION NANIE 30 Arts 'M?s?gll CITY: STATE: NC- ZIP CODE: 27511 PROJECT LOCATION ADDRESS. INCLUDING SUBDIVISION NAME (IF DIFFEREN'T' FROM MAILING ADDRESS ABOVE): Sa. Er:s?c.?,a? 04 W, Avis 42 1 ? 4o 3. TELEPHONE NUMBER: (HOME ci t9?c3`}'(P505 (WORK) 4. IF kPPLICABLE: AGENT'S NAIME OR RESPONSIBLE CORPORATE OFFICIAL. ADDRESS. PHONE YUI?IBER: L?Nw?? ?otiYcS 261 Glcnj P.oA0 , (agq?E2 {?L' 2.7529 g19) 5. LOCATEON OF WORK (PROVIDE A MAP. PREFERABLY A COPY OF USGS TOPOGRAPHIC NI.A.P OR AERIAL PHOTOGRAPHY WITH SC.-\L.E): COUNTY Sp\N - NEAREST TOw'v I&., 000394 DWQ [D: CORPS ACTION [D: PAYMFNT RECEIVED NATIONWIDE PER.N[IT REQUESTED (PROVIDE NATIONWIDE PERN(IT ) PRE-CONSTRUCTION NOTIFICATION APPLICA'N; .. AMP 0 FOR NATIONWIDE PERb[ITS THAT REQUIRE: 20 1) NOTIFICATION TO THE CORPS OF EYGIPBEERS ,yCS UA1/ CRC p 2) APPLICATION FOR SECTION 401 CERTIFCATION 3) COORDINATION WITH THE NC DIVISION OF COASTAL NIANAG YT .` SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). S_ N (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 N VNIE: 7yy 1 AN3 ?- MA-e-SV\pm 2. IV AILING ADDRESS: g3-1 So d ?2iy? k ?? 3?v SUBDIVISION NANIE ?OV%fV4 'N`*¢.skA« ? t CITY: ??I???ELD STATE: IVC- ZIP CODE: 2'15-1-1 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NA.INIE (IF DIFFERENT FROM MAILING ADDRESS ABOVE): 142- A -10ter? 40 3. TELEPHONE NUMBER: (HONIEq 19)9(405 (WORK) ?. IF.-\PPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE 0FFICI.-\L. ADDRESS. PHONE NIJN[BER: -?- ?5 2o\ C?1c-?.? P-?O , Ca/kQr?E2 1`?C 2"1523 Cg 19) ?-t3 - 013 5. LOCATION OF WORK (PROVIDE A NLAP. PREFERABLY A COPY OF USGS TOPOGRAPHIC N(AP OR.A.ERIAL. PHOTOGRAPHY WITH SCALE): COUNTY S?tJ? NEAREST TOWN- l?T SPECIFIC LOCATION (INCLUDE ROAD NUMBERS. LANDMARKS. ECT.) a?- -11-40 ON-? -IsC.r Hwy kA2 rvN j lc-s Scxuk?\ wc--Sk off- Aa-ch Nx'c> ??? W Y??-??25 O?r +(?s?J Ur1? ArMCp A-12*100 o? S Iw 6. fvIPACTED OR NEAREST STREA.WRIVER: -Cs . ,,s k RIVER BASIN: 1?J FJJ5EZ\1FJ2 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 (X) IF YES. EXPLAIN: 7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL ?IA,YAGEENT AREA OF ENVIRON ENTAL CONCERN (AEC)? YES ( ) NO (X, ) 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 PERlWrS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROJECT? YES ( ) NO (X) IF YES, PROVIDE ACTION I.D. NUNMER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFOR?NMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): 8b. ARE ADDITIONAL PERbIIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES( ) NO (X) IF YES, DESCRIBE ANTICIPATED WORK: 9a. ESTIMATED TOTAL. NUMBERS OF ACRES IN TRACT OF LARD: ,29 oc- 9b. ESTIMATED TOTAL :`NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: LOa. NUMBER OF ACRES OF WETL.%-41DS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: d 33 FLOODING: DRAINAGE : EXCAVATION: OTHER : TOTAL ACRES TO BE IMPACTED: 0 33 10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION: LENGTH BEFORE: ? L't LO FT AFTER: ? 4 (O FT WIDTH BEFORE (based on normal high water contours): `15 FT AVERAGE DEPTH BEFORE: 4- FT AFTER: `T FT (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: \11? CHANNEL EXCAVATION: COONSTRUCTION OF A DAMIFLOODING: OTHER: 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAII-4ING 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) pm ?--{LOSS n? 1 e- J u)n w kSkDr-I -- 13. PURPOSE OF PROPOSED WORK: ??? CR-OSSIrJC? n <-CjenS 2r=04L C? ?Qo ?y 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY LN(UST BE CARRIED OUT IN WETLANDS ( INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND (,NiPACTS) 42- 0? 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: a, 23I - 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA w CH L*vi Y BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED Z 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OT THE USE OF PUBLIC (STATE) LAND? YES ( ) NO (\() (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 DEPARTNIENvT 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 NIAP SHOWING ALL WETLANDS, STRE-l"MS, LAKES, AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AIND 38). ALL STREANI (INTERMITTENT AND PER.NIA?YENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. SLAP SCALES SHOULD BE 1 INCH EQUALS SO 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 STORNIWATER MANAGEMENT PLAN IF REQUIRED. ?. WHAT IS LAND USE OF SURROUNDING PROPOERTY° Corv\MEfzcip'? Afoo f. IF APPLICABLE. WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? ?1 y?o\ ? c. Jew ?2 ?v?s?-nit g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WTLANDS OR WATERS OF THE US MAY NOT BE UVIPACTED 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, WNER'S/AGE ' SIGNAT DATE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED). WETLANDS CROSSING SOUTH WIND JULIAN MARSHALL TRACT IL ro SURVEYING AND 201 GLEN ROAD ENGINEERING, INC. GARNER, N.C. 27529 OWNER JULIAN MARSHALL 919-773-0183 919-773-0148 (FAX) DATE PROJ, No. STATE CO. 'URYE'tlNG/ENGINEERINGA.AND PLANNING 3-22-00 SW990570 NC J13HNSTON Iff WETLANDS CROSSINGi X SOUTHWIND JULIAN MARSHALL TRACT ,, SURVEYING AND 201 GLEN ROAD N ENGINEERING, INC. GARNER, N.C. 27529 919-773-0183 OWNER JULIAN MARSHALL 919-773-0148 (FAX) PLANNING DATE 3-22-00 FRO.i No. SW990570 STATE NC cD' JOHNSTON