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,