The URL can be used to link to this page

Home My WebLink About20071466 Ver 1_More Info Received_20080410Land Water Infrastructure, rn 1271 Old Highway #1 Southern Pines North Carolina 28387 Voice: (910) 692-6461 • Facsimile: (910) 692-8083 www.blwi.com • blwi@blwi.com O 1 -1 ~r to lP 2008 March 13 Ian McMillan NC Department of Environment & Natural Resources (NCDENR) ~ ~ ~ ~~ D Division of Water Quality (DWQ) - 401 OversightBxpress Review Permitting Unit 1650 Mail Service Center APR 1 d 2008 Raleigh NC 27699-1650 DENR - WATER QUAUTI' RE: Westerfield Farms II Section O1 Phase O1, Ray Road, Harnett County WETIANDSANDSTORMWAiFRBRIWCH Anticipated Jurisdictional Waters Impacts Additional Information Request Response Mr McMillan, Several months ago I received a letter from you regarding an application to impact jurisdictional waters at Section O1 Phase O1 of the Westerfield Farms II residential subdivision project along Ray Road in Harnett County. This application was submitted on behalf of my client, Omega VIII Investments LLC (Thomas Etowski, President). In your letter, you requested additional Westerfield Farms II project information. Since I received your letter, we have corresponded via email and telephone in regards to this matter. This included copying you on jurisdictional waters location and impact permitting correspondence with Ronnie Smith of the US Army Corps of Engineers. I also related the general history of the project as I knew it and that I was not the original consultant providing planning, design, or permitting services for this project. My client has been waiting for some time on Harnett County government entities to move forward with review and approval of submitted plans as well as an agreement on sanitary sewer utility service. These were critical and the project could not be undertaken without these. I have been informed that within the past week my client has met with Harnett County elected officials and staff. A result of this meeting is that Harnett County government entities are now moving forward with the needed reviews, approvals, and agreements. As such, I am contacting you to resume the permit application process for anticipated impacts to jurisdictional waters at Section O1 Phase O1 of Westerfield Farms II. Responses to each item requested in your letter are below. Request 1: Please locate the entire site boundary (all phases) on the USGS topographic map and Harnett County Soil Survey. Response 1: Maps as requested are included with this letter. Please note that my client, Omega VIII Investments LLC, on)Y owns Section Ol Phase O1 and a portion of the proposed Section O1 Phase 02 area. Mr A Thomas Faust was owner of the adiacent property to the east recently until he recentlypassed away after being diagnosed with cancer. It is my understanding that Mr Faust and my client had an agreement regardin dg evelopment of the Section O1 Phase 02 area not owned by my client. No jurisdictional waters impacts are anticipated or proposed in the Section O1 Phase 02 area. Westerfield Farms II was envisioned as amulti-section project, with distinct investor/developer entities undertaking different sections. Section 02 and Section 03 of Westerfield Farms II are not owned by my client. It is my understanding that the primarypartner in the proposed Section 02 area is an older gentleman who has also been diagnosed with cancer. The Section 03 area was owned by Mr Faust. I do not know the status of development plans for these sections and my client is not developing these sections. 070012_WesterfieldFarmsII SO1P01 JurisdictionalWaters_Impacts_20080313aa.odt Page 1 of 2 Land Water Infrastructure, pA 1271 Old Highway #1 Southern Pines North Carolina 28387 Voice: (910) 692-6461 • Facsimile: (910) 692-8083 www.blwi.com • blwi@blwi.com Request 2: Please provide complete site plans on full plan sheets with elevation contours at a scale of no smaller than 1 inch = 50 feet. Response 2: Plans as requested are included with this letter Permit approvals for these plans are also included for your review and use. Request 3: Please provide the location of any proposed stormwater management practices (for all phases) as required by GC3631. Response 3: I think GC3631 refers to General Certification 3631 but I am not sure if that is the case or specifically what GC3631 entails Regardless proposed stormwater management practices information is included with this letter. These stormwater management measures were not requirements and an NPDES stormwater permit has been received for the proiect. Request 4: Please provide plans and profiles for all the stormwater management devices (for all phases) as required by GC3631. Response 4: Plans and profiles are included with this letter. Please also refer to Response 2 and Response 3. Request 5: Please provide conceptual lot layout, road layout and all impacts for all phases of the project. Response 5: A conceptual lot layout and road layout is included with this letter. This indicates roadway crossings of jurisdictional waters. Such crossings are the only anticipated impacts to jurisdictional waters if the other sections are developed. As previously noted my client does not own the other proposed sections of Westerfield Farms II does not control whether these sections will be developed and does is not the entity that would undertake such impacts. This lot layout is, therefore, speculative only and each potential section is physicall~legally distinct and separated. Request 6: Please locate all isolated or non-isolated wetlands, streams, and other waters of the State as overlays on the site plan. Response 6: The requested information is included with this letter. I appreciate your assistance with this matter. Please feel free to contact me by telephone (910/690-5922) or via e-mail at tsbiue«r>blwi.cUm regarding this if/as needed. Thank you very much for your time. Sincerely, ~`,` Thomas S Blue PE PLS copied: Thomas J Etowski (Omega VIII Investments LLC) 070012_WesterfieldFarmsII_SO1P01 JurisdictionalWaters Impacts_20080313aa.odt Page 2 of 2 Westerfield Farms II Section 01 Phase 01 BLWI Project: 070012 Stormwater Management 0.00 195.00 10.00 196.00 16.00 198.00 22.00 200.00 28.00 202.00 29.50 202.50 34.50 202.50 36.00 202.00 42.00 200.00 48.00 198.00 54.00 197.00 90.00 197.00 93.00 198.00 99.00 200.00 114.60 202.00 144.78 204.00 0.00 200.50 10.50 202.00 12.20 202.50 17.75 202.50 21.00 202.00 27.65 200.00 36.40 197.50 140.00 197.00 227.00 197.00 230.00 198.00 236.00 200.00 257.00 200.00 260.00 200.00 275.00 199.50 290.00 199.00 305.00 198.50 205 204 203 202 201 200 199 198 197 196 195 194 0 203 202 201 200 199 198 197 196 0 Sediment Pool 01 Section 25 50 75 100 125 __ Sediment Pool 01 Profile 150 50 100 150 200 250 300 Westerfield Farms II Section 01 Phase 01 BLWI Project: 070012 Stormwater Management 0.00 191.00 27.50 192.00 33.50 194.00 35.50 194.00 38.50 193.00 41.50 192.00 43.50 192.00 45.50 192.00 47.50 192.00 49.50 192.00 51.50 192.00 57.80 192.00 60.80 193.00 63.86 194.00 69.90 196.00 87.70 198.00 0.00 192.00 14.55 194.00 28.25 194.00 31.25 193.00 34.25 192.00 37.25 191.00 247.00 191.00 250.00 192.00 253.00 193.00 256.00 194.00 259.00 194.12 262.00 194.24 265.00 194.36 268.00 194.48 271.00 194.60 274.00 194.72 Sediment Pool 02 Section 199 198 197 196 195 194 193 192 191 190 0 10 20 30 40 50 60 70 80 90 Sediment Pool 02 Profile 195 194 193 192 191 190 0 50 100 150 200 250 Westerfield Farms II Section 01 Phase 01 BLWI Project: 070012 Stormwater Management 0.00 189.50 12.20 190.00 18.20 192.00 24.20 194.00 26.20 194.00 32.20 192.00 38.20 190.00 40.20 190.00 42.20 190.00 44.20 190.00 46.20 190.00 47.10 190.00 53.14 192.00 59.14 192.00 100.00 194.00 128.00 196.00 0.00 195.50 14.40 194.00 52.20 192.00 59.60 190.00 74.60 190.00 89.60 190.00 104.60 190.00 119.60 190.00 134.60 190.00 141.00 190.00 147.00 192.00 153.00 194.00 155.00 194.00 161.00 192.00 170.00 190.50 175.00 190.20 _ _ _ __ Sediment Pool 03 Section 197 196 195 194 i 193 192 191 190 189 0 196 195 194 193 192 191 190 189 0 25 50 75 100 125 __ Sediment Pool 03 Profile 50 100 150 e st ' .: r ~~ ~~t ti .~ } a ,~, * a~ ~ ~+ £ A5. +~:! ~. ~~. E d:~~. r ~~ ~ .a ~~ ~::: ~ °.. sue;: a~ ,. '0 r M r NAL 4L - } T& Section 03 i gr Section 02 r �+�:fir. � � - ►�ti� �,T''�'+�P, f� Y Section 01 Phase 01 r ti t` Note: Only wetlands in Section 01 have been delineated. Others areas are approximated from Soil Survey and aerial imagery information. FEMA 100yr Flood Zone ~•••; 111Y II Section 01 Phase 02i 44� III ,~~ ~`-,,~` ~` Section 03 1 _. - . ~ - _ Section 02 \ \ -`_ Wetlands yam 4~-e;~ :~~~` . ~ .. -t II ~:;: Applicant: Omega VIII Investments, LLC - File Number: SAW-2007- Date: December 3, 2007 Mr. Thomas Etowski 01132 Attached is: See Section below Il~TITIAL PROFFERED PERMIT (Standard Permit or Letter of ' A PROFFERED PERMIT Standard Permit or Letter of ermission B PERMIT DENIAL C APPROVED JIJRISDIGTIONAL DETERMINATION D PRELIlVIINARY JURISDICTIONAL DET'IsRMINATION E A: IlVTTIA]L PROFFERED PERMIT: You may accept or object to the permit. ACCEPT: ff you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission(LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you wdl forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written, After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERIVIIT: You may accept or appeal the permit ACCEPT: If you received a Standard Permit, yon may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LUP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a pemrit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERNIIrTATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the fomn to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. U.S. ARMY CORPS OF ENGINEERS WII,MINGTON DISTRICT Action ID. SAW-2007-01132-043 County: Harnett USGS Quad: Manchester GENERAL PERNIIT {REGIONAL AND NATIONWIDE) VERIFICATION Property Owner /Authorized Agent: Mr. Thomas Etowski Ome>ra VIII Investments, LLC Address: SSOb Yadkin Road Fayetteville, NC 28303 Telephone No.: 910-864-0247 Size and location of property {water body, roadname/number, town, etc.): The property is approximately 14 acres and is located off of Rav Road between Azalea Drive and SR # 1124, north of Springy Lake, Harnett County, North Carolina. Description of projects area and activity: This permit authorizes impacts to 0.088 acres of wetlands and 58 linear feet o_f stream for the construction of a road and bio-retention swales associated with the development of the proposed Westerfield Farms II, Section 1, Phase 1 residential subdivision. Applicable Law: ®Section 404 (Clean Water Act, 33 USC 1344) ^ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number. Nationwide Permit Number. 29 and 18 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (ie., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (9i9) 733-1786) to determine Section 401 requirements. For activities occusing within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management . This Deparfinent of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/pernuts. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Ronnie Smith at 910-251-482~.~ Corps Regulatory Official Ronnie Smith ~ ~" Y Date: December 3, 2007 Expiration Date of Verification: December 3, 2009 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the attached customer Satisfaction Survey or visit http://www.saw.usace.armv.miUWETLANDSIindex.html to complete the survey online. Page 1 of 2 _ ~~~ ~~Z"~ NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources James D. Simons, PG, PE Land Quality Section Michael F. Easley, Governor Director and State Geologist William G. Ross Jr., Secretary January 8, 2008 LETTER OF APPROVAL Omega VIII Investments, LLC Attn: Thomas J. Etowski 5506 Yadkin Road Fayetteville, NC 28303- 1ZE: Project Name: Westerfield Farms II' Section Ol Phase O1 Acres Approved: 15.98 Project ID: Harne-2007-083 County: Harnett Anderson Creek Ray Road River Basin: Cape Feaz Stream Classification: Other Submitted By: Blue Land Water Infastructure, P.A. Date Received by LQS: 12131!2007 Plan Type: Revised Dear Mr. Etowski: This office has reviewed the subject erosion and sedimentation control plan. We find the plan to be acceptable and hereby issue this Letter of Approval. The enclosed Certificate of Approval must be posted at the job site: This plan approval shall expire three (3) years following the date of approval, if no land-disturbing activity has been undertaken, as is required by Title 15A NCAC 4B .0129. Title 15A NCAC 4B .0118(a) requires that a copy of the approved erosion control plan be on file at the job site. Also, this letter gives the notice required by G.S. 113A-51.1(a) of our right of periodic inspection to insure compliance with the approved plan. North Cazolina's Sedimentation Pollution Control Act is performance-oriented, requiring protection of existing natural resources and adjoining properties. If, following the commencement of this project, the erosion and sedimentation control plan is inadequate to meet the requirements of the Sedimentation Pollution Co~rtrol Act of 1973 (North Carolina General Statute 113A-51 through 66), this office may require revisions to the plan and implementation of the revisions to insure compliance with the Act. Fayetteville Regions! Office 225 Green Street -Suite 714, Fayetteville, North Carolina 28301 • Phone: 910-433-3300 /FAX: 910-486-0707 Oi~o ~~,~ STATE OF NORTH CAROLINA DEPARTMENT OF TRANSP4RTATIQN Mx~nII.F. Fas[~ GOVERNOR September 17, 2007 Division Six -District Two Harnett County Thomas Blue, P.E. 1271 Old HH+y. 1 South Southern Pines, N.C. 28387 Subject: Drainage and Construction Westerfield Farms it Subdivision Dear Sir: LYNDOT9'PE[T SECRETARY I am transmitting herewith one (1) copy of the approved plans for the above subject subdivision. Any changes and recommendations have been indicated in red on the plans. All materials and workmanship, including but not limited to drainage structures, base course and pavement, must meet the requirements of the Department of Transportation's Standards and Specifications. The Developer will be required to have an approved laboratory furnish this office a copy of the test results of the sail analysis, soil proctor, the depth and density of the soil type base course, the depth and density of the asphalt and a copy of the asphalt extraction test. Please note that only Superpave Asphalt Mixes are acceptable. Prior to the placement of any asphalt, the Developer will be required to submit the QMS-MV1 Form for all proposed asphalt types (See Attached). ff aggregate base course is used in lieu of soil type base course, the Developer will be required to submit the test results for the depth and density of the aggregate base c:aurse. The Developer will also be required to submit the Verification of Compliance with Environmental Regulations Form {See Attached), it will be necessary for the Developer to contact David Plummer in the District Engineer's office during each phase of construction. The Department of Transportation reserves the right to make any inspections and tests that it may deem necessary to assure that the construction meets the Department of Transportation requiremenrts. Where public utilities encroach on the right-of-way of the streets, it will be necessary for the individual utility company to prepare for execution an encroachment agreement between the utility company and the Department of Transportation prior to these streets being added to the State's Secondary Road System. This will cover all utilities, such as, natural gas, telephone, or power. Upon completion of the construction, it will be necessary that all exposed graded areas be seeded and mulched in acxordance with the Department of Transportation's Standard Specifications and where an open ditch section is used, concrete paved ditch may be required to control erosion, if deemed necessary by the District Engineer. P.O. Box 1150, Fayetteville, N.C. 28302 Voice: 910.486.1496 Fax: 910.437.2529