HomeMy WebLinkAbout19960824 Ver 1_Complete File_19961018State of North Carolina
Department of Environment,
Health and Natural Resources ? Division of Water Quality
James B. Hunt, Jr., Govemor AMAM
Jonathan B. Howes, Secretary ED EH N Ri
A. Preston Howard, Jr., P.E., Director
October 18, 1996
Orange County
DWQ Project # 960824
APPROVAL of 401 Water Quality Certification with ADDITIONAL CONDITIONS
Mr. Terry Stephens
M/I Homes
4020 West Chase Blvd.
Suite 190
Raleigh, NC 27607
Dear Mr. Stephens:
You have our approval to place fill material in 0.531 acres of wetlands or waters for the purpose of
constructing a residential subdivision at Parkside off of Hwy 86, as you described in your application dated
19 August 1996. After reviewing your application, we have decided that this fill is covered by General
Water Quality Certification Numbers 3022, 2732 ad 2671. These certifications allow you to use
Nationwide Permit Number 12, 14 and 26 when they are issued by the Corps of Engineers.
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. For this
approval to be valid, you must follow the conditions listed in the attached certification. Deed restrictions
shall be added to all lots with remaining wetlands to prevent future fill. In addition, you should get any
other federal, state or local permits before you go ahead with your project.
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 Dorney at 919-733-1786.
Sincerely,
PtoPren Howard, Jr. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
Mr. John Dorney
Central Files
Wendell Overby; Soil and Environmental Consultants
960824.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Rbedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
?f
Environmental Consultants, Inc.
ok l?Wd ¦ Raleigh, North Carolina 27609 ¦ (919) 846-5900 ¦ Fax (919) 846-9467
NCDEHNR - DWQ
Attn: Mr. John Dorney
4401 Reedy Crk Rd
Raleigh, NC 27607
V. 6
2
Dear Mrs. Manuele and Mr. Dorney:
August 19, 1996
US Army Corps of Engineers
Attn: Mrs. Jean Manuele
6512 Falls of the Neuse Rd, Suite 105
Raleigh, NC 27615-6846
The purpose of this letter is to request Nationwide Permits 12, 14 and 26, and a
Section 401 Water Quality Certification for the project to be known as Parkside in
Orange County, N.C. The project is located approximately 3 miles north of
Chapel Hill off Highway 86; as shown on the enclosed plans and Chapel Hill,
N.C., USGS Topo Quad vicinity map.
The Corps approved wetland delineation is shown on the attached map. The
delineation of impact areas have been approved by Mrs. Jean Manuele of the
U.S. Army Corps of Engineers.
Impacts to wetlands will be required to construct roadways, utility lines and lot
fills.
It will be necessary to impact 0.531 acres (see map) of jurisdictional wetlands
above headwaters for placement of some of the proposed road crossings, utility
lines, and filling of lots utilizing Nationwide Permits 12, 14 and 26. A total of
0.134 acres (see map) will be filled for a road crossing under Nationwide Permit
14. The road crossing is perpendicular to wetland alignment, in order to
minimize impact. Utility line impacts total 0.064 acres of wetlands under
Nationwide Permit 12; excavated areas will be returned to grade. A total of
0.333 acres will be impacted under Nationwide 26 for the filling of proposed
residential lots.
Soil/Site Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Environmental Audits
On-Site Waste Treatment Systems, Evaluation and Design
i "r
Please call if you have questions or require further information. If you intend to
perform a site visit please call and we will arrange for someone to accompany
you.
Sincerely,
Wendell Overby,
cc: (with enclosures) USF&WS
N.C. Cultural Resources
Danny Smith, DEM Raleigh Regional Office
KCM
DEM ID: ACTION ID: 199602373
Nationwide Permit Requested (Provide Nationwide Permit #): 26,12,14
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
ATTN: CESAW-CO-E
Telephone (919) 251-4511
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH
AND NATURAL RESOURCES
4401 Reedy Creek Road
Raleigh, NC 27607
ATTN: MR. JOHN DORNEY
Telephone (919) 733-1786
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL
MANAGEMENT. PLEASE PRINT.
1. Owners Name: M/I HOMES ATTN: TERRY STEPHENS
2. Owners Address: 4020 WESTCHASE BLVD. SUITE 190 RALEIGH, NC 27607
3. Owners Phone Number (Home): (Work): (919) 828-1106
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
SOIL AND ENVIRONMENTAL CONSULTANTS, INC. Ph: 919/846-5900
244 W. MILLBROOK ROAD
RALEIGH, NC 27609
ATTN: WENDELL OVERBY
5. Location of work (MUST ATTACH MAP). County: ORANGE, NC
Nearest Town or City: CHAPEL HILL, NC
Specific Location (Include road numbers, landmarks, etc.): A 63.3 ACRE PARCEL NORTH OF NCSR
1777 AND WEST OF NC HWY 86 ON BOOKER CREEK AS PER ATTACHED PLANS AND CHAPEL
HILL, NC USGS TOPO. QUAD. VICINITY MAP.
6. Name of Closest Stream/River: BOOKER CREEK
7. River Basin: CAPE FEAR RIVER BASIN
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WSI, or WS II?
YES( ) NO(X)
9. Have any Section 404 permits been previously requested for use on this property?
YES ( ) NO (X ) If yes, explain.
10. Estimated total number of acres of waters of the U.S. including wetlands, located on project site:
UNKNOWN
11. Number of acres of waters of the U.S. including wetlands, impacted by the proposed project:
NW 12 NW26 NW14
Filled:
Excavated
Total Impacted: 0.064 0.333 0.134 ACRES
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only):
INFRASTRUCTURE FOR PROPOSED RESIDENTIAL DEVELOPMENT
13. Purpose of proposed work:
CONSTRUCTION OF RESIDENTIAL DEVELOPMENT
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also,
note measures taken to minimize wetland impacts.
ROADWAYS PLACED PERPINDICULAR TO FLOW. WETLANDS
WITHIN FLOODPLAIN OF BOOKER CREEK NOT IMPACTED.
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine
Fisheries Service (NMFS) regarding the presence or 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. Have you done so? YES ( X ) NO ( )
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
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? Have you done
so? YES (X ) NO ( )
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant to the
placement of delineation line.
D. If a stormwater management plan is required for this project, attach copy.
E. What is land use of surrounding property? URBAN/ RESIDENTIAL
F. If applicable, what is proposed method of sewage disposal? SANITARY SEWER
/ 19?
Agent's Signature Date
i 05/,31/yb Mil HUNE.) ' y1yU46y4b'7
TO BE COMPLETED BY CURRENT PROPERTY OW 4M
- NO EXCEPTIONS -
N0.796 U01
Name: MlT 4vik4E5
Address: OU L JF-cIZ *SZ- taw
Address: 60113?: 110 12 rkt,??1 G tk P2c Z7 4a 0 7
Phone: 210 -f Z.a I1 O (v ----
Project Name/ Description: PAIZ i(-5 i pt= / g?Rf OcNT7Fcc, S ?C3fJlvi S io •J
Date: rJ 3 0 (q (,
The Department of the Army
US. Army Corps of Engineers
Wilmington District
PO Box 1890
Wilmmgton, NC 2MM
Attn: 'S LM 1A10 UE lIF
Field Office: Al-r16"
Re: Wetlands Related Consulting and Pemitting
To Whom It May Concern:
L the current property owner, hereby designate and authorize Sort and Environmental
Consultants, Inc. to act in my behalf as my agent m the processing of permit
applications, to furnish upon request supplemental adormat on in support of
applications, er- from this day forward. This the -?v day of K•1 ±j?(
Jgqfe
This noti6wation supersedes arty previous correspondence c:oacerning the agent for this
Pr'pJecL
07
CC. Mr- John Domeey
N.C. Department of ER & NR
Division of Env. Mgt
Water Quality Pkmdng
4402 Reedy Creek Road
Raleigh, NC 27607
PrOR2M Owners signature:
I& Kevin C Martin
Soil and Envummental Consu tents, Inc.
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: \ \':?NC) County: ?- ck.c!?P
Notification of Jurisdictional Determination
Property owner/Authorized Agent M L-,V-
Address (I I r, T-,). f- rn 1 ,e-
V°\o)
Telephone Number U" ')
Size and Location of Property(waterbody, Highway name/number, town, etc.)
C L'-' 01
Indicate Which of the following apply:
' There are wetlands on the above described property which we strongly suggest should be delineated and
surveyed. The surveyed wetland lines must be verified by our staff before the Corps will make a final
jurisdictional determination on your property.
• Because of the size of your property and our present workload, our identification and delineation of your
wetlands cannot be accomplished in a timely manner. You may wish to employ a consultant to obtain a
more timely delineation of the wetlands. Once your consultant has flagged a wetland line on the property,
Corps staff will review it, and, if it is accurate, we strongly recommend that you have the line surveyed for
final approval by the Corps. The Corps will not make a final jurisdictional determination on your property
without an approved survey.
The wetlands on your lot have been delineated, and the limits of Corps jurisdiction have been explained
to you. Unless there is a change in the law or our published regulations, this determination may be relied
upon for a period not to exceed three years from the date of this notification.
• There are no wetlands present on the above described property which are subject to the permit
requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law
or our published regulations, this determination may be relied upon for a period not to exceed three years
from the date of this notification.
• The project is located in one of the 20 Coastal Counties. You should contact the nearest State Office of
Coastal Management to determine their requirements.
Placement of dredged or fill material in wetlands on this property without a Department of the Army
permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is
not required for work on the property restricted entirely to existing high ground. If you have any
questions regarding the Corps of Engineers regulatory program, please contact
Property owner/Authorized Agent Signature
Project Manager Signature \1-N10 Q
Date \ Expiration Date
SURVE PLAT OR FIELD SKETCH OF DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM.
CESAW Form 566
1 OCT 92
?1725)
ip goo - ?G
X557 1 ]]
l _
jjibank?.,. ?79?
49
n 11 ? 1
?SLhst6ion
7'
Sae' ; \ • ; it . _ -- _- / T
(17 -
BOUNDARY OF
r SUBJECT PROPERTY i -
v
?. C
v-' n
• 48
v V 1 ? ? ? A 111 ? ? 11r _
I - -
,
?00 1
e
V77
\J
? .. ? 1 ? o Cifurtf{
High &lh
y
FIGURE 2. TOPOGRAPHIC FEATURES OF
SUBJECT PROPERTY
uF ',HC I
?'?? f ~• ar ? ,Cen
io
CHAPEL HILL. N. C.
N3552.5 W790C'' ) ?5
1978
PHOTOREVIGI I,
DMA 51551 NE ,E I?i!:? b44 )
L01v .i -)f' o - ?!>
7 -
Delineation Performed by: Soil and Environmental Consultants, Inc.
244 W. Millbrook Road
Q Raleigh, NC 27609
/' 7 fL1f1(, # 203 Ph: 919/846-5900
DATA FORM
ROUTWE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: AR(SiW _ Date: 6/3/9
Applicant/ Owner: M/1 tN ) r463 County: bk ?9 wG t
Investigator: wt t Dq:LL 0V (1t4y State: IV(:,
Do Normal Circumstances exist on the site? 6e-SNo CommunityID:
Is the site significantly disturbed
(Atypical Situation)? Yes I? Transect ID:
--------------- ----- -
Is the area a potential Problem Area? Yes(9 Plot
(If needed, explain on reverse.)
l gdjvA;
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species
1 F(&iWNs PEW5YLViVicA T '? w 9.7_j72S/eVP6 171<C.1
2. A(M 94/6k9 ft 15 A_ 10.
3. LM S 01?k1t4ti r
- Acw 11.
"s P-46ao
4. r? 12.
5.-?tI?1WUs?+Irr/+N
A
/S
?j}G
13.
6. CH RF)( A N G uS-nPutA 013 14.
7.V16ti tM4k1
L M i 15._
-----
8.L' QUlp{1?p.Af
s?Yfk rnA _?? ff1G 16.
Stratum Indicator
Percent of Dominant Species that are OBL, FACW or FAC SOU
(excluding FAC-).
Remarks:
LQC,a 7- A&C0VC5 OL'CIZt J FLO?>, ?2RF_Gae-Aa L..4
cRTC7?
peA,1vA6E°'w % llo-jewoe-S nta /NGZ Or / 7l ?/
-' - T2 c=
HYDROLOGY
Recorded Data (Describe in Remarks):
Stream, Lake, or Tide Gauge
Aerial Photographs
Other
No Recorded Data Available
Field Observations:
of
Depth?6 Surface Water:L,? 30 (in.)
Depth to Free Water in Pit_ _(in.)
Depth to Saturated Soil•&3
Kemarks:
75~70-EE/SffP_a6 11 Af&4134xEoa5
Wetland Hydrology Indicators:
Primary Indicators:
Inundated
Saturated in Upper 12 inches
Water Marks
Drift Lines
Sediment Deposits
';----Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
'? Oxidized Root ChanneLs in
upper 12 inches
-----Water-Stained Leaves
-----Local Soil Survey Data
FAC-Neutral 'rest
- --Other (Explain in Remarks)
i
M
4
SOILS
Map Unit Name
(Series and Phase):
Taxonomy(Subgroup): 1 `7 i
Profile Description: ?? lI
_Drainage Class:
--?h?
Field Observations
__Confirm Mapped Type? Yes 19
Depth Matrix Color Mottle Colors
utis. Horizon
- Munsell oist (Munsell Moist
o=? ;5, Y p Ye 5/Y -. sOA
-/? r3 l -Z, r 7 is/s
---
Az __
X/L
ay 21f -,7/f
ra r ? s!?
Hydric Soil Indicators:
Mottle
Abundance / Contrast
Texture, Concretions,
Structure etc.
Histosol Concretions
Histic Epipedon High Organic Content in Surface Layer in Sandy Soil
Sulfidic Odor Organic Streaking in Sandy Soils
// Aquic Moisture Regime Listed on Local Hydric Soils List
Reducing Conditions Listed on National Hydric Soils List
Gleyed or Low-Chroma Colors Other (Explain in Remarks)
Remarks:
Wetland Determination
Hydrophytic Vegetation Present? No (Circle) Is this Sampling Point Within a Wetland?
Wetland Hydrology Present? No (Circle)
Hydric Soils Present? (T) No Q? No
Remarks:
r
Delineation Performed by: Soil and Environmental Consultants, Inc.
244 W. Millbrook Road
Raleigh, NC 27609
Ph: 919/846-5900
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site:____.___?n l?KSIb? Date:
Applicant/Owner:_-- 41/1 ba+ Es County: CQ M6 F - - -
J?''% State: Nc -
Do Normal Circumstances exist on the site?
Is the site significantly disturbed
(Atypical Situation)?
Is the area a potential Problem Area?
(If needed, explain on reverse.)
No Community ID:
Yes Kira' Transect ID:
Yes n Plot ID:__
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant S ecies Stratum Indicator
1 P?/y 1 i 7JA A-C 9. F_a4, 5 ti n101 FWt} `T
2.01AC uj Ate i FhfA_ 10. 1 U2 - J
3l-Ry -7OMO/9L ? ._ 11. ?? S iUP Il(1 TS Ai,
4.&k911,,( S %Yr,, prfi (?(/ 12. YJ?N t +M T U 1
5.C&,e?v us f'4crr?a-
A
"
-- ??4r;1 ?-5- RSIANDlDU11 `t'S
tr-
6.
p U rA
r5- rR+L 14.
711,ewry,ANDIOP '7061p//O 75 PAC 15.
8.I?c?k6?n6K ?yke?r TS RC 16.
Percent of Dominant Species that are OBL, FACW or FAC
(
l
di
FAC
?
exc
u
ng
-). pV
Remarks: ?' s 7
HYDROLOGY
Recorded Data (Describe in Remarks)
Stream, Lake, or Tide Gauge
Aerial Photographs
Other
No Recorded Data Available
Field Observations:
of
Depth Surface Water:-(in.)
Depth to Free Water in Pit
Depth to Saturated Soil:_-
Wetland Hydrology Indicators:
Primary Indicators:
Inundated
Saturated in Upper 12 inches
Water Marks
-Drift Lines
Sediment Deposits
Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
Oxidized Root Chanute Ls in
upper 12 inches
__-Water-Stained Leaves
_.__Local Soil Survey Data
_-_-____FAC-Neutral Test
____ Other (Explain in Remarks)
Remarks:
•
SOILS
Mai Unit Name
(Series and Phase):
5Z
Drainage Class:
Taxonomy(Subgrou _
p): G
, ----- - _- Field Observations
d Type?
-Confirm MappeNo
Profile Description:
Depth Matrix Color Mottle Colors Mottle Texture, Concretions,
BLS. Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure etc.
-{_- Dt t ioyn Sic - -- - ----
/Z S/
--
C? Sc: 75 sIZ 5/Sl S Y k/k - --- ('L -
I lydric Soil Indicators:
Histosol Concretions
__Histic Epipedon High Organic Content in Surface Layer in Sandy Soil
Sulfidic Odor Organic Streaking in Sandy Soils
Aquic Moisture Regime Listed on Local Hydric Soils List
Reducing Conditions Listed on National Hydric Soils List
Gleyed or Low-Chroma Colors Other (Explain in Remarks)
-Remarks:
Wetland Determination
Hydrophytic Vegetation Present? Yes Q>(Circle) Is this Sampling Point Withut a Wetland?
Wetland Hydrology Present? Yes (:Ev,* (Circle)
Hydric Soils Present? Yes (9 Yes
Remarks: