20010062 Ver 1_COMPLETE FILE_20010118

OF W A TF9
Michael F. Easley
Governor
> William G. Ross,Jr.Secretary
.? Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
February 21, 2001
Wake County
DWQ Project #: 010062
APPROVAL OF 401Quality Certification and ADDITIONAL CONDITIONS and Neuse River Buffer Rules
DAMY, Inc.
5801 Blacksmith Drive
Raleigh, NC 27606
Dear Sirs:
You have our approval, in accordance with the attached conditions and those listed below, to impact
0.04 acres of wetlands, 20 linear feet of streams and 0.45 acres of stream buffers to construct the
Tealbrook Subdivision at Narwell Road, as you described in your application dated January 16, 2001.
After reviewing your application, we have decided that this fill is covered by General Water Quality
Certification Numbers 3288 and 3287. These certifications allow you to use Nationwide Permit Numbers
12 and 39 when the Corps of Engineers issues them. This approval is also valid for the Neuse River
buffer rules (15A NCAC 2B .033). 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.. 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). This approval shall expire when the corresponding Nationwide
Permit expires or as otherwise provided in the General Certification. 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 or areas within 50 feet of all streams and ponds 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. Stormwater shall be directed to flow at non-erosive velocities across the entire protected stream
buffers.
3. Impacts to the stream buffers to lots 9, 10, 11, 12 and 14 and 22 are not allowed. If these lots cannot be
constructed without buffer impacts, additional written DWQ approval is needed.
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.
Rf DENR
Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650
Wetlands/401 Unit: [phone]
Fax: [phone]
w A rFgoG
AA""
r
Michael F. Easley
Governor
William G. Ross,J r, Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
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.
Attachment
Sincerel
Steve
cc; Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
File copy
Central Files
Raleigh Division of Land Resources
Kris Bass; Blue Land, Water, Infrastruction
*21
N76E R
Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650
Wetlands/401 Unit: [phone]
Fax: [phone]
MEMORANDUM
TO: John Dorney Regional Contact: Matt Flynn
Non-Discharge Branch WQ Supervisor: K___C1 Srhiis_ter
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Tealbrook Subdivision c/o DAMY, Inc
Project Number 01 0062
Recvd From APP
Received Date 1/18/01 Recvd By Region
Project Type residential
County Wake
County2
Region Raleigh
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME
F 12 r HWFFT-0-
1' O N [__ 27-34-(4) F -C- NSW 30,402. 0.04
39 F__ O Y N -???? ? F_ ?-
NBR [__ P-77@) N ??????? ?F_
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y O N Recommendation: 0 Issue0 Issue/Cond 0 Deny
Provided by Region: Latitude (ddmmss) 354440 Longitude (ddmmss) 783234
Comments:
Naar] anvalnnac fnr hem ica nn Into Q 1(1 11 19 1 a _99 on
cc: Regional Office
Central Office Page Number 1
Land
Water
Infrastructure r,,
139-G Technology Drive Garner North Carolina 27529
Voice: [phone] • Facsimile: [phone]
www.bhvi.com • bhvi cLblwi.com
Tuesday January 16, 2001
NCDENR - DWQ US Army Corps of Engineers
Attn: John Dorney Attn: Amanda Jones
4401 Reedy Crcck Road Raleigh Regulatory Field Office
Raleigh, NC 27607 6508 Falls of the Neusc Road, Suite 120
Raleigh, North Carolina 27615
RE: Authorization Request for Nationwide Permits 12 & 39
Tealbrook Subdivision off Herndon Road
BLWI Project # 000312 ?.
Pertinent Facts:
Location: off Banvell Road, Wake County, North Carolina
USGS 7.5' Quadrangle: Garner
River Basin: Ncuse River
Subbasin: NEU2 03-04-02
Nearest Stream: Walnut Creek
Stream Index: 27-34-(4)
Stream Class: C NSW
Wetland Impacts: Nationwide Permit #12 - 0.008 acres; #39 - 0.032 acres
Non Significant Stream Impacts: Nationwide Permit 412 - 20 linear feet; ##39 - 238 linear feet (To be counted only as area
impact)
USACE Significant Linear Foot Stream Impacts: Nationwide Permit # 12 - 20 linear feet
Wetland Type: bottomland hardwoods
Dear Mr. Dorney and Ms. Jones,
Enclosed is a Nationwide Permit 12 and 39 application for the Tealbrook Subdivision. Stream crossings and some wetland impacts
will be necessary to construct a proposed roadway and sewer. However, care was taken with the layout of the roadway and sewer to
minimize impacts to these areas.
The attachments listed at the bottom of this page should provide the necessary information for proper evaluation of this project. A
request for an Authorization Certificate for Ncuse Buffer impacts is also included in this package. Steve Mitchell has already visited
the site and the Ncuse Buffer map is based on his site decisions for the applicability of the Ncuse Buffer Rules. Please do not hesitate
to call if you have any questions or if you need additional information.
Sincerely,
Kris Bass
Attachments: Vicinity Map
Agent Authorization Form
Site Plan and Wetland Map
Wetland Delineation Data Sheets
Ncuse Buffer Permit Application
PAYMENT
RECEIVED
Land
Water
13"LUEInfrastructurc.,.,
139-G Technology Drive; Garner, NC 27529
Voice: [phone] - Facsimile: [phone]
www.blwi.com - blwigblwi.com
John Dorncy
Department of Environment and Natural Resources
Division of Water Quality
1621 Mail Service Center
Raleigh, NC 27669-1621
RE: Request for Authorization Certificate-Ncuse River Buffer Impacts
Tcalbrook Subdivision
Raleigh, Wake County, North Carolina
Applicant: DAMP, Inc.
5801 Blacksmith Dr.
Raleigh, NC 27606
[phone]
January 16, 2001
Dear Mr. Dorney,
BLUE: Land, Water, Infrastructure, PA (BLWI) has been contracted by DAMY, Inc. to provide permitting and certification services
in support of proposed construction activities on a 20 acre site off of Barwcll Road in Raleigh, NC. The proposed activities that will
impact buffer areas include the construction of a road and a sewer line needed for a residential development. Engineering drawings,
prepared by Bass, Nixon, & Kennedy, Inc., Consulting Engineers, showing the proposed construction and resulting impacts have
been included in this package.
The buffer impacts of this project include:
a total of 0.31 acres temporary impact for one road and one sever line crossing
0.08 acres permanent impact for the road crossing
- 0.07 acres temporary zone 2 impact for a sever line
0.45 acres total buffer impacts
There are a total of five (5) buffer impact areas for the project:
Impact area #1 is a stream crossing associated with the main road for the development. This stream was designates as non
significant by the US Army Corps of Engineers. The total buffer impact for the crossing is 138 feet. The total size of this impact is
0.23 acres, however, as most of this area will merely be graded and revegetated, only 0.08 acres will permanently impact the buffer.
As per Item 6 of the Ncuse Buffer Rules, this impact is designated as allowable as a road crossing impact of greater than forty (40)
feet but less than 150 feet and one-third of an acre.
Impact area 42 is a small (0.02 acres) area in zone 2 that will be graded and revegetated. This type of impact is designated as
exempt in the Item 6 (Table of Uses) of the Ncuse Buffer Rules.
Impact area #3 is a 0.07 acre temporary impact in zone 2 associated with the installation of a sewer line. This section of the sewer
line has been positioned to limit buffer impact to zone 2 only. This impact is designated as allowable, under the Item 6 Table of
Uses, as a non-electric utility line impact, other than perpendicular crossings, in zone 2 only. As much of the impact area as
possible will be revegetated when construction is complete. However, a small portion of this section of the sewer line crosses a non
significant jurisdictional stream passing through the buffer (sce Wetlands Impacts Map). The steep slope and incision of this stream
will require some rip rap to ensure the stability of the crossing and the banks. As this stream extends to the property boundary, this
crossing and associated impacts will be necessary to connect the sc%vcr line to the planned residential area.
1 of 2
Land
Water
IDLUEInfrastructure.
139-G Technology Drive; Garner, NC 27529
Voice: [phone] • Facsimile: [phone]
mr,Nv.blwi.com • blwi gblwi.com
Impact areas 44 and 45 are a combined impact associated with a stream crossing for the sewver line. The sewver line crosses the
stream at a 77 degree angle to the centerline of the stream. Impact area #5 is labeled separately only to make it clear that this
portion of the crossing is off of the property and confined to an adjacent sewer casement. This extension is required to connect to an
existing pump station. When installation of the sewer line is complete, the area will be restored and revegetated to the maximum
extent possible. This impact is designated in the Item 6 Table of Uses as exempt as a non-electric utility line crossing that is
perpendicular and disturbs less than 40 linear feet of buffer with a maintenance corridor of 10 feet or less. The total size of this
crossing is 0.13 acres.
In summary, considerable effort has been taken to limit buffer impacts for this project to the extent possible. As a result, all required
buffer impacts for this project are designated as exempt or allowable in the Item 6 Table of Uses in the Neuse Buffer Rules. All
"allowable" impacts have been designed to ensure that reconfiguration could not further minimize disturbances or impact to aquatic
habitat and water quality without compromising the basic purpose of the project. Sediment and Erosion Control and Storniwater
Management Plans, utilizing such best management practices as temporary sediment basins and stormwater dissipators, are also
being developed to assure that associated NCDWQ requirements are met.
As per the descriptions above and the attached drawings, BLWI would like to request that an Authorization Certificate for Neuse
Buffer Impacts be issued. Thank you for your careful consideration in this matter, and please contact us at [phone] if you
would like any additional information to help with your decision or if you would like to schedule a site visit.
Sincerely,
Kris Bass
BLWI
attachments\\
Neuse River Buffer Impacts Map
Wetlands Impacts Map
2 of 2
0.1 0 0 L?
DWQ ID: CORPS ACTION ID:
NATIONWIDE PER51IT REQUESTED (PROVIDE NATIONWIDE PERMIT #) 12 & 39
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: DAAIY, Inc.
2. MAILING ADDRESS: 5801 Blacksmith Drive
SUBDIVISION NAME
CITY: Ralcieh STATE: NC ZIP CODE: 27606
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE):
Tcalbrook Subdivision
Banvcll Road
Ralcip_h, NC
3. TELEPHONE NUMBER: (HOME) (WORK) [phone]
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
BLUE: Land, Water, Infrastructure, PA
139-G Technology Drive
Garner, NC 27529
Phone: [phone]
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP
OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Wake -NEAREST TOWN: Ralci-,h
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.) sec Vicinity Man
6. IMPACTED OR NEAREST STREAM/RIVER: Walnut Creek RIVER BASIN: Neuse
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-II)? YES ? NO E IF YES, EXPLAIN:
(b) IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES ? NO E
(c) 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? n/a
8. (a) HAVE ANY SECTION 404 PERMITS 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):
(b) ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE?
YES ? NO ® IF YES, DESCRIBE ANTICIPATED WORK:
9. (a) ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 20.04
(b) ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS ON PROJECT SITE: 0.41
10. (a) NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: 0.032 EXCAVATION: 0.008
FLOODING: OTHER :
DRAINAGE : TOTAL ACRES TO BE IMPACTED: 0.04
(b) (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED,
PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION):
LENGTH BEFORE: Nationwide Permit 412: 20 FT AFTER: FT
WIDTH BEFORE (based on normal high water contours): 24 FT
AVERAGE DEPTH BEFORE: 0.5 FT AFTER: 0.5 FT
(b) (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: X
CHANNEL EXCAVATION: X CONSTRUCTION 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/a WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED? (ATTACH PLANS; 8.5 BY I 1 DRAWINGS ONLY)
Road crossing and hvo sanitary sewer crossings (all perpendicular, i.c. 751 to 105°), and lot
construction
13. PURPOSE OF PROPOSED WORK: Subdivision development
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS)
Road and sewer must access property, wetland impacts have been reduced to only three
perpendicular crossings and grading in Lot Iu
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:
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 PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA
ENVIRONMENTAL POLICY ACT? YES ? NO ?
(b) IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES ? NO ?
IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM 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 [phone].
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 OR 1 INCH EQUALS 100 FEET
OR 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.
(c) WHAT IS LAND USE OF SURROUNDING PROPERTY? Residential
(f) IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? Public Seiner
System
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/AGENT'S SIGNATURE DATE
(AGENTS SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED).
Land
Water
BLUE Inf nSWcture.PA
1271 Old Highway #1 Southern Pines North Carolina 28387
Voice: [phone] - Facsimile: [phone]
uv tiw.blwi.wm - [e-mail]
AGENT AUTHORIZATNOD'I LETTER
Date:
Name: va/c-
Address: r . z 7 a?
Address:
Phone: S"5 y-
Project Name/Description:???
To Whom It May Concern:
I, the current property owner, hereby designate and authorize BLUE: Land, Water, Infrastructure,
P.A. to act in my behalf as my agent in the processing of permit applications, to furnish upon
request supplemental information in support of applications, etc. from this day forward- This the
_ day of A(--t- va_ j2, , Z"0'0 / -
This notification supersedes any previous correspondence concerning the agent for this project.
a2 z
Property Owners Name Pr "rty Owners Signature
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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
t r'_NT
DAMY, Inc
5801 Blacksmith Drive
Raleigh, NC 27606
4 00
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
January 19, 2001
6"
RECEIPT:
This confirms that the NC Division of Water Quality has received an application
processing fee of $200 from DAMY Inc for the Tealbrook Subdivision project, DWQ
#010062 on January 19, 2001.
el
Robert Ridings,
Environmental Technician I
Division of Water Quality
PAYI,ENT
RECEI VED
PAYPOEIN'T
RECEIVED
Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50°o rccycled/10% post consumer paper