HomeMy WebLinkAbout20000622 Ver 1_COMPLETE FILE_20000512State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Kerr T. Stevens, Director ilkf: A
Bill Holman, Secretary
1 • •
;, 2
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
August 10, 2000
Wake County
DWQ Project # 000622
APPROVAL of 401 Water Quality Certification and Neuse Buffer Rules
Teresa Robin
2916 Dahlgreen Road
Ralegh, NC 27615
Dear Ms. Robin:
You have our approval, in accordance with the attached conditions and those listed below, to stabilize 80 feet of stream
bank on Perry Creek in Wake County, as you described in your application received by the Division of Water Quality on May
12, 2000. After reviewing your application, we have decided that this action is covered by General Water Quality
Certification Number 3102. This certification allows you to use Nationwide Permit Number 13 when the Corps of
Engineers issues it. This approval is also valid for the Neuse River Buffer Rules (15A NCAC 2B .0233). 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 replaces the approval issued to you on December 17, 1999.
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 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
below and 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. 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,
G? >?_?
Attachment
cc: Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
File Copy
Cent--l Files
6e err T. Stevens
000622
FILE COPY
Division of Water Quality - Non-Discharge Branch
1621 Mail Service Center, Raleigh, NC 27699-1621 Telephone 919-733-1786 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer - 50% recycled/10% post consumer paper
httpJ/h2o.enr.state.nc.us/wetlandc.html
I %
May 10, 2000
NC Division Of Water Quality
Attn: Mr. John Dorney
4401 Reedy Creek Road
Raleigh, NC 27607
Dear Sir:
ETLANDS
WATER OUALi;
000622
Enclosed please find a copy of my completed Pre-Construction Notification Form for a
bank stabilization project at my address, 2916 Dahlgreen Road, Raleigh, NC 27615.
Please be advised that I did not send a copy of this form to the U. S. Army Corps District
Engineer since the stabilization activities are not in excess of 500 feet in length.
Also you ask me to note that per your instructions no application fee is required.
Thank you for your assistance in this matter.
Please advise if you have questions. I may be reached at (w) 562-8735 or (h) 676-7563.
Sincerely,
Q
Teresa Robin
DWQ ED: 0 0 0 6 2 2 CORPS ACTION ID:
NATIONWIDE PERMMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #)
PRE-CONSTRUCTION NOTIFICATION APPLICATION
i
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS X 12 ?.l ]no
2) APPLICATION FOR SECTION 401 CERTIFCATION
4 k ;
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEME S',: '
WATER QUALITY Q.H,!'011
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 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: \ e c e- S a o\, r-,
2. MAILING ADDRESS: aq \ G) -?)gN'AQ(-e f, `cZ 1:ka\y"N
N c- rl (o \ ?J SUBDIVISION NAME Svc Q.c ?k Tcv. L
G ZIP CODE: a. rl G \ S
CITY: ?\ e- STATE: C-
PROTECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE):
3. TELEPHONE NUMBER: (HOME) °\ \ q (,'I (o-1'3 (WORK) 9 \ °I S(a '?. - 613 (?
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: V'1 Ck\? c- - NEAREST TOWN: ?q \
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.)
*a?\ ? (. "s) C?\ c c C'N -1911 C-\, 9?1 a,\ Gh N c--
6. IMPACTED OR NEAREST STREAMIRIVER: N e?"\s c-
RIVER BASIN: ?A e y '--
7a. IS PROTECT 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 WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGF-Nffi IT AREA OF EN VIRON=AL CONCERN (AEC)? YES ( ) NO ( V )
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? 0 / f\
8a. HAVE ANY SECTION 404 PER..WrS 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 PER:Ng 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: '60 ?-V.
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
? / P'
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FU-LING: EXCAVATION:
FLOODING: N I R OTHER : N /
DRAINAGE : \--? I R TOTAL ACRES TO BE IMPACTED: N k _
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION:
LENGTH BEFORE: N A FT AFTER: 0 /'(-\, FT
WIDTH BEFORE (based on normal high water contours): FT
AVERAGE DEPTH BEFORE: t'? / I', FT AFTER: N _ FT
(2) STREAIM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: COONSTRUCTION OF A DAM/FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND? N P? WHAT IS THE EXPECTED
POND SURFACE AREA? N /(\
12. DISCTIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY 11 DRAWINGS ONLY)
13. PURPOSE OF PROPOSED WORK: \ e- p t Q 0 S rr1 ?--
y k- S n s c ?? el- r O S a r1
r?roC) <??? q? act\(o ?ch?o,ree? C?c? ok ?ec.r ????opec???
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS) -
t'? / A.
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
°l , aU V 0
PROJECT. DATE CONTACTED: A'4? C "j
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 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
DEPARTMEN'T' OF ADMINISTRATION STATE CLEARINGHOUSE YES ( ) NO ( )
IF ANSWER 17b IS YES, THIN 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,
AND 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 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?
f. 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,
OWNER'S/AGENT'S SIGNATURE
N\ a,?? g, a o o U
DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED).
05/02/2000 07:59 9195508518 ERYANT FADE 04
Below we have outlined the scope of work to be performed at the home of
Ms. Teresa Robin at 2916 Dahlgreen Rd, Raleigh, NC.
• The work is to be done in three stages. 1. The first stage.,.wi,l1 consist of
clearing ,the underbrush that its in plate. We-will' then have to put in a
temporary retaining fence to hold the topsoil in to be placed behindwit.
2. part.2~vvill consist of bringing in the load (s) of topsoil in manually by
wheel barrows. We will have to create a temporary bridge across the
stream to get the topsoil across. The topsoil has to be dropped on the
other side of the stream for proper access to the area.
I The final stage is the actual placement of: I st a mesh nylon or plastic
stabilizer over the topsoil to help protect the topsoil from washing out during
heavy rains. & Second the placement of the Rip-Rap (Rocks) on top of the
fabric. Once again the Rip Rap has to be dropped on the other side of the
stream and hand carried across.
SIMM
PRIV
[SCA
12;
DAHLGREEN ROAD
50 PUBLIC R/W
CURVES TABLE
Curve y Rodius Arc Length Chord Bearing Delta
C113 307.64 61.09 60.99 N56'14'01"W I1d22'40"
Existing Iron Pipe SIP = Set Iron Pipe CP = Computed Point-Not Set FB 167-49 Dweilino Lies in Soeciol FFMA Flood Hozord Areo YFS (,1 NO
VICINITY MAP - NOT TO SCALE
PIS YSI CA L S UR VE Y
PROPERTY OF : TERESA C. ROBIN
SUBDIVISION HEATHROW, DURANT TRACE, SECT 2, PAR1 B, PH 2
LOT : 128
RECORDED MAP BOOK 1996
PAGE : 442
LOCATED RALEIGH, N.C.
COUNTY : WAKE
ADDRESS : 2916 DAHLGREEN ROAD
? DA TE : 12109197
SCALE 1"= 20'
OU
This is to certify that
this mop was prepared from on actual survey made
under my supervision. There are no encroachments, except as noted.
Corners set or existing were compared to recorded dimensions and adjusted
as necessary, except a s noted. This mop was prepared to conform with
GS 47-30 is volid only with on impression seal, and is not for recording.
AND
EC"*'
5URVCY01?5 /NC
4084 BARRETT DRIVE 787--6114 RALEIGH, N.C.
S.1ti 14
,v ,
August 3, 2000
NC Division Of Water Quality
Attn: Mr. John Dorney
4401 Reedy Creek Road
Raleigh, NC 27607
Dear Sir:
0066 22-
ji
fLhl?w GkUUP
QUP(ITl? SECTION
Enclosed is the response to the questions John Hennessy had about the bank stabilization
work, DWQ No. 000622, in the rear of my home at 2916 Dahlgreen Road Raleigh, NC.
Please advise if you have questions. I may be reached at (w) 562-8735 or (h) 676-7563.
Sincerely,
Teresa Robin
i`
I .
Responses
? Fill dirt will be used and will only be placed on the side of the stream closest to the
house. There is an access area behind the stream where the fill dirt will be dropped
off. The fill dirt will then be moved from the drop off point via a temporary bridge to
the side of the stream closest to the house. The temporary bridge will consist of 2X8
treated boards. The boards will be placed across the stream simply to provide a
means to get the fill dirt from the drop off point to the side of the stream closest to
the house where the erosion has occurred.
? No fill dirt will be placed in the stream and no actions will be taken to disturb or
modify the side of the stream farthest from the house.
Y The fill dirt will be stabilized by using an excelsior matting.
y The length of the channel to which the work is being performed is 80 ft.
Please see pictures on the following page, which show the erosion, which has
occurred. The enclosed pictures also points out where the fill dirt will be dropped off
and shows the area behind the stream.
l .
I
The following pictures show the erosion that has occurred. This is on the side of the
stream closest to the house where fill dirt will be placed and secured with excelsior
matting. Rip rap will be placed on top of the matting.
f
The following picture shows the area behind the stream, a trail, where fill dirt will be
dropped ofd Once again this is only a drop off point and the fill dirt will be moved from
the area behind the stream to the side of the stream closet to the house.
TRIAGE CHECKL3"1'
•ra
Project Name: -I re-
Project Number: O Q 622-
-n County- W tK£- .
N
t
The attached projec: has been sent to you for review for the following reasons. Please consider whether a
site visit is needed to determine the impacts. Particular attention should focus on the below checked items.
Please feel free to call the central odace staff member assigned to ,your region if you need assistance.
Stream Ieneth impacted.
Stream determination (i.e. intermiaent or pere:uual, or any channelpresent).
Wedand impact and distance to blue-line sur ace waters on USGS topo map.
Minimimdon/avoidance options.
NW 14. (is access to high-pound or wetlands)?
Neese buffer rules.
Pond (vaterT fill (i.e. is the pond drained or holding water)?
Pond c°. ation (Le. in uplands, in a drained channel, or in wetlands). Please locate streams and
channeis (if any) so that the centrai office can determine.
Midgarion ratios.
Stormwater pond placed in wetlands.
Ditching in wetlands.
Is the applicant's proposed stream/wedand mitigation site available and viable?
Apolicantlconsultant has a history of non-compliance (check drawings and application for
accuracy).
Has project been split from previous work to avoid mitig don requirements?
- Consistent with pre-application meetings.?
Cumulative imoact concerns.
OTHER:
State of North Carolina
Department of Environment LTR?FA
and Natural Resources / • •
Division of Water Quality
James B. Hunt, Jr., Governor D E N R
Bill Holman, Secretary Kerr T. Stevens, Director
? ?/ D
Division of Water Quality
Environmental Sciences Branch & Wetlands/401 Unit
Location: 4401 Reedy Creek Road
Raleigh, N.C. 27607
Mailing Address: 1621 Mail Service Center
Raleigh, N.C. 27699
FAX: (919) 733-9959
FAX TO: 2r,( )L-t?'6' "\ I FAX NUMBER: 5'0a- T? ` 11
FROM: V\1 oxf
PHONE:
NO. OF PAGES INCLUDING THIS SHEET:
r
If you receive this fax by mistake call; ESB (919) 733-9960 or Wetlands (919) 733-1786.
Memorandum
To: John Dorney
From: John Hennessy
Date: July 7, 2000
Re: Tardy Projects
List of Recommendations
Teresa Robin, DWO No. 000622
After reviewing the project, I think that additional information is required. I recommend issuing a letter
requesting additional information on the following items:
? Why does "topsoil" have to be placed on the "opposite side of the stream" to stabilize the stream
channel? Topsoil is highly erodable. Other fill materials may be better.
? Will there be fill in the stream itself?
? Is the fill (rip rap and soil) being placed on the side of the stream closest to the house? Review of the
permit suggestd fill on the opposite of the stream form the house. This would potentially exacerbate
erosion issues near the house.
? How will the temporary bridge be constructed? Will its construction require placement of fill into the
stream?
? How will the "topsoil" after placement be stabilized? Believe fabric is proposed. Perhaps, fabric and
vegetative means would be better.
? What is the length of channel to which work is being performed?
? Need a set of site plans that display the stream channel, Neuse Buffers, and areas of the proposed
bridge and placement of fill (soil and rip rap).
c:\john\tardy reports\070700.doc
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Kerr T. Stevens, Director ILTI
Bill Holman, Secretary
W,A
IT 1 ? •
A;1 2
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
July 10, 2000
DWQ Project # 000622
Wake County
CERTIFIED MAIL-RETURN RECEIPT REQUESTED
Ms. Teresa Robin
2916 Dohlgreen Road
Raleigh, NC 27615
Dear Ms. Robin:
The Division of Water Quality has reviewed your plans for the discharge of fill material into
stream buffers located at your home at 2916 Dahlgreen Road in Wake County for streambank stabilization
as described in your application dated May 10, 2000 (revised May 12, 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 provide a better explanation of where and why the impacts are planned? In
particular a site plan showing where topsoil is to be removed and placed as well as the bridge is needed.
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 to the 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.
cc: Raleigh DWQ Regional Office
Raleigh Field Office Corps of Engineers
Central Files
File Copy rQ
c
R. Do
Wetlands/401 Unit] 621 Mail Service Center Raleigh. North Carolina 27669-1621
Telephone 919-733-1786FAX # 733-9959
An Equal Opportunity Affirmative Action Employer
50% recycled/ 10% post consumer paper