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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