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HomeMy WebLinkAbout20000715 Ver 1_COMPLETE FILE_20000531State 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 28, 2000 Wake County DWQ Project # 00-0715 APPROVAL of 401 Water Quality Certification David G. and Susan M. Bristol 2521 Olive Chapel Road New Hill, NC, 27562 Dear Mr. and Ms. Bristol: You have our approval, in accordance with the attached conditions, to place fill material in 0.21 acre of waters and wetlands for the purpose of constructing a two ponds on your property in Wake County, as you described in your application dated.31 May, 2000. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3108. This certification allows you to use Nationwide Permit Number 26 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 Water shed regulations. This approval will expire when the accompanying 404 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 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 alid, 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 Domey or Cyndi Karoly at 919-733-1786. _ Sincerely, /111 Kerr T. Stevens Cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office Raleigh DWQ Regional Office John Domey Central Files 00-0715 Division of Water Quality - 401/Wetlands Unit 1621 Mail Service Center, Raleigh, NC 27699-1621 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 0 50% recycled/10% post consumer paper MEMORANDUM TO: John Dorney Non-Discharge Branch Regional Contact: Beth Barnes WO Supervisor: Ken Schuster Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name David G. and Susan M. Bristol County Wake Project Number 00 0715 County2 Recvd From APP Region Raleigh Received Date 5131100 Recvd By Region Project Type agricultural pond Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet e Type Type Impact Score Index Prim. Supp. Basin Req. Req._ " 26 F__ WY ON ? 16-41-11-2 W STV NSW ('4 30,605. 2.00 ?? F-PT _0N F_ r r ?.? Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? Q Y O N Did you request more info? Q Y O N Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N Is Mitigation required? Q Y O N Recommendation: QQ Issue O Issue/Coed O Deny Provided by Region: Latitude (ddmmss) 354117 Longitude (ddmmss) 785556 Comments: This project is located in the Cane Fear River Basin; USACOE told folks NW 26 could be used until cc: Regional Office Page Number 1 Central Office oo? ? ? PAYMENT RECEIVED DWQ ID: CORPS ACTION ID: 199404809 NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #) L6 PRE-CONSTRUCTION NOTIFICATION APPLICATION FOR NATIONWIDE PERMITS THAT REQUIRE: 1. NOTIFICATION TO THE CORPS OF ENGINEERS 2. APPLICATION FOR SECTION 401 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 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: David G. and Susan M. Bristol 2. MAILING ADDRESS: 2521 New Hill Olive Chapel Road. SUBDIVISION NAME Not Applicable (N/A) CITY: New Hill STATE: NC ZIP CODE: 27562 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): Same as above 3. TELEPHONE NUMBER: (HOME) 919-3624820 (WORK) 919-513-6412 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Not applicable 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: Wake - NEAREST TOWN: New Hill SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.) Approximately in the center of 100 acre tram behind residence at 2521 New Hill Olive Chapel Road No Building construction nearby. The ponds are to be located on intermittent streambeds (dry most of the year). The land is within the angle formed by old US I and New Hill Olive Chapel Road (See attached map) On the map there are three adjoining tracts which we own that are outlined Both pond sites are on the largest tract (100.5 acres). Unfortunatelour property is at the unction of four topographical maps available through Wake county. I had to copy and tape together the four sections The largest map is 1 inch: 200 feet and the smaller is 1' to 400 feet Also the most recent aerial photos available were taken in 1981 and show the largest tract after it had been harvested All harvested sections were replanted in Loblolly pines We are managing the tract as Stewardship Forest with the assistance of the North Carolina Forest Service, North Carolina Wildlife Resources Commission. Natural Resources Conservation Service and North Carolina Cooperative Extension We received the Stewardship Forest Award for these efforts last year. 6. IMPACTED OR NEAREST STREAM/RIVER.: Little Beaver Creek RIVER BASIN: CAPE FEAR 7. (a) 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-11)? NO (b) IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? NO (c) IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY? NO 8. (a) HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROJECT? YES IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): Action ID number 199404809 issued 12/15/99 (Renewal of previous permijt (b) ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? NO 9. (a) ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: 124 acres- Property borders outlined on map. (b) ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: There are two intermittent streams in the major tract and a portion of Little Beaver Creek on an adjoining tract. 10. (a) NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: It is expected that each pond and surrounding 30 foot zone for maintenance will be approximately one acre in size. FILLING: Dam one: 98 feet dam width by 3 feet creekfill equals 294 square feet (total dam fooprint is 98x95' equals 9310 square feet or 0.21 acres). Dam 2. 80 feet by 3 feet wide creek fill equals 240 square feet creek fill Total dam footprint is 80x110=8800 square feet or 0.21 acres. EXCAVATION: none FLOODING: <I acre each OTHER : DRAINAGE : none TOTAL ACRES TO BE IMPACTED: 2 (b) (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION: No relocation. LENGTH BEFORE: FT AFTER: FT WIDTH BEFORE (based on normal high water contours): 33=5 FT at top of channel AVERAGE DEPTH BEFORE: Dry most of year. Maximal depth after last year's hurricanes: about 3 feet (estimate) AFTER: Site one: Maximal depth: 11 feet.. Site 2: maximal depth: 8 feet FT (b) (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING: X OTHER: it. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND? Approximately 65 acres each WHAT IS THE EXPECTED POND SURFACE AREA? Approximately I acre each 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY 11 DRAWINGS ONLY) 2 Bulldozers an excavator and 2 pans will be used for the construction. The center of the dams will consist of a 12 foot core of c1gy dug at least one foot into existing clay subsoil. The slope on both the upstream and downstream side of the dam will be 3.1 Each pond will have a drop inlet pipe spillway: a 12 inch nine riser connecting to a 10 inch pipe through the dam, with antiseep collars There will be a 4 inch gate valve on each pipe _pmp will be placed below pipe drainage There will be a 30 foot perimeter between edge of pond and surrounding trees to allow for maintenance with farm tractor. A forty foot emergency snillwav will be constructed on natural pound adjacent to the dams. See attached drawings for cross sections. 13. PURPOSE OF PROPOSED WORK: Agricultural irrigation. emergency fire control. 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS) These are the logical areas to provide water for the ponds Areas proximal and distal to pond sites will not be disturbed in any way. 15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR NATIONAL MARINE FISHERIES SERVICE 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: Contacted by phone 5/30/00 Spoke to John Hammond (8564520x28) He requested a map be sent to him identifying sites. This will be mailed 5/31/00. 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 There are no structures within a quarter of a mile of the proposed sites. The sites are in the middle of the woods. There are no structures between proposed sites and the Little Beaver Creek. 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OT THE USE OF PUBLIC (STATE) LAND? NO 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. See attached maps (1:200). (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. Not applicable (d) ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED. (e) WHAT IS LAND USE OF SURROUNDING PROPERTY? ForegULaagriculture (f) IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? Not applicable SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS 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/A NT'S SIGNATLIE DATE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED). S [!fig M Z 0 Co LO CO LD rnf W (D C 0 C ct 9 ?J 11 , \ OVA O ? oR r Y °? q o` I ?< >L R 5 01 1,! h p j o ((? r?l o _- I ! ?C r - ? o O, l pt ) r ? / p I / p R ?? O, C O O $. 3 i-A n h FIN 'n w im ti c - 3 N r 1 m Q e Z w n rn m b 0 n ? 3 o - e h Z o,