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HomeMy WebLinkAbout20000565 Ver 1_COMPLETE FILE_20000424 State 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 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES June 14, 2000 Durham County DWQ Project # 000565 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS, WRP Mr. Bryant Roberts 411 Andrews Drive Durham, NC 27701 Dear Mr. Roberts: You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 1,200 square feet of streams for the purpose of constructing Frazier Forest III subdivision in Durham County, as you described in your application dated April 24, 2000. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3101. This certification allows you to use Nationwide Permit Number 12 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 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 for a new certification. 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 211 .0506 (h). 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 remaining jurisdictional wetlands and waters 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 sheetflow at non-erosion velocities through the protected stream buffers. We understand that you have chosen to contribute to the Wetland Restoration Program in order to compensate for these impacts to wetlands and/or streams. In accordance with 15A NCAC 2R .0402, this contribution will satisfy our compensatory mitigation requirements under 15A NCAC 211 .0506(h). According to 15A NCAC 211.0506(h), feet of restoration will be required. Until the Wetland Restoration Program receives and clears your check (made payable to: DENR - Wetland Restoration Program), wetland or stream fill shall not occur. Mr. Ron Ferrell should be contacted at 919-733-5083 ext. 358 if you have any questions concerning the V-;etiand Restoration Program. You have one month from the date of this Certification to make this payment. 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 2 For accounting purposes, this Certification authorizes the fill of 1,200 square feet of stream buffer acres of riparian wetlands, in 030401 river and subbasin and 3,600 square feet of buffer mitigation linear feet of stream restoration are required. Please be aware that the Wetland Restoration Program (WRP) rules require rounding of acreage amounts to one-quarter acre increments (15A 2R.0503(b)). 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. Sincerely, T. ' tevens Attachment cc: Corps of Engineers Raleigh Field Office Raleigh DWQ Regional Office Ron Ferrell; Wetland Restoration Program File copy Central Files Credle Engineering 3 NORTH CAROLINA-DIVISON OF WATER QUALITY 401 WATER QUALITY CERTIFICATION SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS In accordance with 15A NCAC 2 H.0233, Bryant Roberts has permission as outline below for the purpose(s) of proposed Frazier Forest III subdivision. All activities associated with these authorized impacts must be conducted with the conditions listed in the attached cetification transmitttal letter. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENT WETLAND RESTORATION PROGRAM LOCATION COUNTY: Durham BASIN/SUBBASIN 030401 As required by 15A NCAC 2H .0506, and the conditions of this certification, you are required to compensate for the above impacts through the restoration, creation, enhancement or preservation of wetlands and surface waters as outlined below prior to conducting any activities that impact or degrade the waters of the state. Note: Acreage requirements proposed to be mitigated through the wetland Restoration Programs must be rounded to one-quarter acre increments according to 15 2r.0503(b) acres of Class WL wetlands acres of riparian wetland acres of non-riparian wetlands acres of Class SWL wetlands 3,600 square feet of stream-buffers (other) One of the options you have available to satisfy the compensatory mitigation requirements is through the payment of a fee to the Wetlands Restoration Fund per NCAC 2R .0503. If you choose this option, please sign this form and mail it to the Wetlands Restoration Fund at the address listed below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. - PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVED NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE WETLANDS RESTORATION PROGRAM. Signature Date WETLANDS RESTORATION PROGRAM DIVISON OF WATER QUALITY 1619 Mail Service Center RALEIGH, N.C. 27669-1619 (919) 733-5208 '2 A 2n0n L W ?M REQUEST FOR IMPACTS TO PROTECTIVE RIPARIAN BUFFER (NEUSE RIVER BUFFER) (NOT 401) FOR Frazier Forest III GLENROSE ROAD, DURHAM, N.C., 27713 000565 Durham County Tax Map # 135-01-006 Bryant B. Roberts (Owner) BY CREDLE ENGINEERING COMPANY, INC. 204 E. Markham Ave., Durham, N.C. 27701 (919) 682-2006 Dated 04/10/2000 f 00 U To: NC Division of Water Quality Fr: Credle Engineering Company, Inc. Ref: Request for Impacts to Protective Riparian Buffers for Neuse River Basin Proj: Frazier Forest III Subdivision This is a request to be able to enter into the 50' buffer on the Chunky Pipe Creek to construct a proposed sanitary sewer line extending into an existing sanitary sewer line. The existing sanitary sewer line is within the protective 50' buffer. The construction to tap into the existing sewer line is shown on the following pages. The majority of the construction into the buffer stays in the outer 20' of the buffer, however one of the existing manholes encroaches into the inner 30' of the 50' protective buffer as shown on the following pages. The site is a 10-ac. single family residential subdivision in southern Durham County. The utilities will be the only encroachment into the protective buffer. Thank you for considering this construction, Cliff Credle, PE Credle Engineering Company, Inc. )5 DWQ ID: o ®c 5 CORPS aCTION ID: NATIONWIDE PERtiIIT REQUESTED (PROVIDE NATIONWIDE PERMIT PRE-CONSTRUCTION NOTIFICATION APPLICATION FOR NATIONWIDE PEWAITS THAT REQUIRE: 1) NOTIFICATION TO THE CORPS OF ENGINEERS 2) APPLICATION FOR SECTION 401 CERTIFCATION 3) COORDINATION SWTH 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 E`IGR (EERS (SEE AGENCY ADDRESSES SHEET). SEVEN (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. I. OWNER'S NAIZAE: lJ 7Q?T ?p6 Fr21-S 2. MAILING ADDRESS: f ( wyckZFI.C?S ?(?? SUBDIVISION NAME CITY• L) or,44rn STATE: ZIP CODE: 02701 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE):'t,?.?l/?? ' 3. TELEPHONE NUIvmm- (HOME) (WORK) J?8? - crl8 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: .5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: ?)ozgl# - NEAREST TOWN: SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECI'.) ac !?k asri?' o L,c'x iw r- ) ?-j 4 6. IMPACTED OR NEAREST STREA NYRIVER: RIVER BASIN: 7a. IS PROJECT LOCATED LNEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA), HIGH QUALITY WATERS (HQW), OUTSTANDhNG RESOURSE WATERS (ORW), WATER _ SUPPLY (WS-I OR WS-In? YES ( ) NO (?) IF YES, EXPLAIN: 7b. IS THE PROJECT LOCATED WITHIY A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRObtE`tTAL. 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? AIO 8a. HAVE ANY SECTION 404 PER*vUS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROJECT? YES ( ) NO IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): 8b. ARE ADDITIONAL PEE MIT 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: A) AZ 9b. ESTIMATED TOTAL. NUBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: EXCAVATION: FLOODING: OTHER : DRAINAGE : 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: FT AFTER: WIDTH BEFORE (based on normal high water contours): FT AVERAGE DEPTH BEFORE: FT AFTER: _ FT (2) STRE.-VM CHAI`1NEL. LMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPE-i CHANNEL. RELOCATION: PLACE:vMNT OF PIPE IN CHANNEL. CHANNEL EXCAVATION: COONSTRUCTION OF A DALM/FLOODI lG: OTHER: , 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAZ iG TO THE POND? WHAT IS THE EXPECTED POND SURFACE AREA? 12. DISCTIPT'ION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPNIEN T TO BE USED? (ATTACH PLANS; 81/2 BY 11 DRAWINGS ONLY) 13. PURPOSE OF PROPOSED WORK: 7W--10 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN ?S (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND HMPACTS) _:1 . E IF APPLICABLE. WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WTLANDS OR WATERS OF THE US 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 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, y O 'SIAGE:VT'S SIGNATURE DATE (AGFiiT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE.OWNER IS PROVIDED). 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 THR.E.A.TENED SPECIES OR CRITICAL. HABITAT IN THE PERMIT AREA THAT MAYBE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: ` 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED 17. DOES THE PROJECT INVOLVE AN E FEND 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 A?`I EWIRONMENTAL 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 lib IS YES, THEN SUBMIT APPROPRIATE DOCUMEiNTATIONFROM 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 TTS1S 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, AND 38). ALL STREAM (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 30 Fr-=T 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 STORMWATER MANAGEMENT PLAN IF REQUIRED. e. WHAT IS LAND USE OF SURROUNDING PROPOERTY? 5255 IV NE SCALE 1:24 000 1 Ir 1 0 1 MILE 1411i• 1000 0 1000 2000 3000 4000 5000 6000 7000 FEET ON 1 .5 0 1 KILOMETER. 7- 124 MILS 11171 k23MI CONTOUR INTERVAL 10 FEET NATIONAL GEODETIC VERTICAL DATUM OF 1929 •l o UTM GRID AND 1987 MAGNETIC NORTH DECLINATION AT CENTER OF, SHEET THIS MAP COMPLIES WITH NATIONAL MAP ACCURACY STANDARDS FOR SALE BY U. S. GEOLOGICAL SURVEY Re, DENVER, COLORADO 80225, OR RESTON, VIRGINIA 22092 wit A FOLDER DESCRIBING TOPOGRAPHIC MAPS AND SYMBOLS IS AVAILABLE ON REQUEST 19 Ma /l?oz7sYFdST Ew,?FA? N I j IQ4 120.05 f AC. 100 0 200 400 am 1 inch = 400 M N d K d VICINITY MAP (NO SCALE) me i OD-9884 LEGEND PROPERTY LINE- ? R/W LINE -mww? OVERHEAD UTILITY LINES BLD& SETBACK EXISTING RON PIPE ? NEW IRON PIPE O STREAM BUFFER -• ?w-- w -- WATER VALVE -0-- SEWER MANHOLE -0- CURB 14ET HYDRANT 4 OPEN SPACE FLOOD AREA STREAM BUFFER ROOT • ZONE PR07EC710N 200 0 100 200 400 mmmw i inch - 200 ilw " N d 500 YR FLOOD FRINGE ri CHUNKY PIPE CREEK ELEV. 320 d 330 30' FROM TOP OF BANK 50' BUFFER Tree Protection Fence See Detail sheet 5 of 6 `r 10' No-Build line IN NO LIMITS O NO ItJ GRAVEL 06. v w CI p 1jrBEATRICE ALFON20 HAMILTON JR I ?? I 0. NAMILTON Z D.B. 303, P. 357 ?e' p C+S T.M 675-03 AL 23 c rat P I 11 40 I ROCK D Y Low o SOIL STORAGE AREA M I n e0 0 30 e0 120 i inch a 60 ft CLs Qv 0 ,M, S WA Y 30' FROM TOP OF BM i-- 50' BUFFER N D.U. 11.34, P. MI PIN / 0852-03-00-9 'g T.M. 674-01-001 d PDR 3.75 AREA REMAINING - 38.32 d 80 0 30 60 1210 1 inch - 60 M J ?U F N so 0 30 QO 120 i inch a 60 it. State 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 I 11kF!WAJ T NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES May 30, 2000 DWQ Project # 000565 Durham County CERTIFIED MAIL-RETURN RECEIPT REQUESTED Mr. Bryant Roberts 411 Andrews Drive Durham, NC 27701 Dear Mr. Roberts: The Division of Water Quality has reviewed your plans for the discharge of fill material into stream buffers located at Frazier Forest H in Durham County for sewer line construction as described in you application dated April 10. 2000. Insufficient evidence is present in our files to conclude that your project must be built as planned in waters and/or wetlands in accordance with 15A NCAC 2H .0506. Therefore, unless modifications of the proposal are made as described below, we will have to move toward denial of your 401 Certification as required by 15A NCAC 2H .0507(e) and will place this project on hold as incomplete until we receive this additional information, we are requesting (by copy of this letter) that the U.S. Army Corps of Engineers place your project on administrative hold. Please provide us with information supporting your position that states your project must be constructed as planned and that you have no practicable alternative to placing fill in these waters and/or wetlands. Specifically can you realign your crossings to be perpendicular and remove the gravel filters at the end of the stormwater controls from Zone 1? Any documentation such as maps and narrative that you can supply to address alternative designs for your project may be helpful in our review of your 401 Certification. Please respond within three weeks of the date of this letter by sending a copy of this information to me and one copy to Mr. Steve Mitchell, Raleigh Regional Office at (919) 571-4700. If we do not hear from you in three weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. I can be reached at 919-733-9646 if you have any questions. ,SS* cerely, J R. Domey cc: Raleigh DWQ Regional Office Raleigh Office Corps of Engineers Central Files File Copy Cliff Credle; Credle Engineer Wetlands/401 Unit 1621 Mail Service CenterRaleigh, North Carolina 27669-1621 Telephone 919-733-1786FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper MEMORANDUM TO: SUBJECT: John Dorney Non-Discharge Branch Regional Contact: WQ Supervisor: Date: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Frazier Forest III c/o Bryant B. Roberts County Durham Project Number 00 0565 County2 Recvd From APP Region Raleigh Received Date 4/24/00 Recvd By Region 5/212000, Project Type subdivision / sewer Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet ism Type Type Impact Score Index Prim. Supp. Basin Req. Req. NBR F__ O Y O N 27-9-1 ws1v ssw 30,401. 1 - ?- Mitigation Wetland MitigationType Type Acres Feet' Is Wetland Rating Sheet Attached? Q Y O N Did you request more info? Q Y 0 N Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N Is Mitigation required? Q Y O N Recommendation: p Issue O Issue/Condo Deny Provided by Region: Latitude (ddmmss) 360015 Longitude (ddmmss) 784945 Comments: Crossings are not perpendicular Appears that gravel filters are in Zone 1 at the end of the stormwater controls. cc: Regional Office Page Number 1 Central Office Facility Name Frazier Forest III c/o Bryant B. Roberts County Durham Project Number 00 0565 Regional Contact: Steve Mitchell Date: Comments (continued from page 1): cc: Regional Office Central Office Page Number 2 Cnedle Igo One- 0" ConWmiiy, Inc. April 24, 2000 Attn: John Domey North Carolina Department of Water Quality 4401 Reedy Creek Road Raleigh, N.C. 27607 Letter of Transmittal: 204 E. Markham Avenue Durham, North Carolina 27701 (919) 682-2006 Ph (919) 682-2956 Fax r'--_ APR 2 A 2000 A ,,,- ,? rxL q-C-I-S '?tiATE We are sending you: ? Attached ? Under separate cover via the following: ? Preliminary Plat ? Prints ? Plans ? Mylars ? Specifications Remarks: Request for Impacts to Protective Riparian Buffer (7 copies) 0oo5 6 5 Sincerely, Cliff Credle, PE