HomeMy WebLinkAbout20050810 Ver 1_Individual_20050509May 9, 2005
S&EC Project # 9325.w1
To: US Army Corps of Engineers N.C. Division of Water Quality
Raleigh Regulatory Field Office 401 Oversight and Express Permits Unit
Attn: Todd Tugwell Attn: Cyndi Karoly
6508 Falls of the Neuse Road, Suite 120 2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27615 Raleigh, NC 27604-2260
From: Bob Zarzecki
Soil & Environmental Consultants, P.A.
11010 Raven Ridge Road
Raleigh, NC 27614
Re: Governors Village, Chapel Hill, NC - "After-the-Fact Individual Permit Application
On behalf of the owner, Governors Club Limited Partnership, please find attached a complete
application and supplemental information requesting an Individual Permit from the U.S. Army
Corps of Engineers (USACE) and an Individual Certification from the N.C. Division of Water
Quality (DWQ). Please contact me at (919) 846-5900 if you have any questions or require
additional information.
PROJECT SUMMARY
Project Name Governors Village
Project Type Commercial & Residential Development
Owner / Applicant Governors Club Limited Partnership
County Chatham
Nearest Town Chapel Hill
Waterbody Name UT to Cub Creek
Basin / Sub-basin 03-06-05
Index Number 16-41-2-10-(0.5)
Class WS-IV, NSW
IMPACT SUMMARY
Stream Impact (acres): 0.019
Wetland Impact (acres): 0.365
Open Water Impact (acres): 0.041
Total Impact to Waters of the U.S. (acres) 0.425
Total Stream Impact (linear feet): 202
Attachments:
Individual Permit Application Form & Block Sheets
Agent Authorization
Farrington, NC - USGS Map
Chatham County Soil Survey Map
Site Photos
Impact Map Sheets
Wetland & Stream Fomts
Prior Project History (including jurisdictional determination, past approvals, etc.)
Mitigation Plan
Public Interest Issues
$475 Application Fee to DWQ
Charlotte Office: Greensboro Office:
236 LePhillip Court, Suite C 3817-E Lawndale Drive
Concord, NC 28025 Greensboro, NC 27455
Phone: (704) 720-9405 Phone: (336) 540-8234
Fax: (704) 720-9406 Fax: (336) 540-8235
Environmental Consultants, PA
Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0710-0003
(33 CFR 325) Expires December 31. 2004
The Public burden for this collection of information is sestimated to average 10 hours per response, although the majority of applications should require
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completing and reviewing the collection of information- Send comments regarding this burden estimate or any other aspect of this collection of
information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Information
Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget,
Paperwork Reduction Project (0710-0003), Washington, DC 20503. Respondents should be aware that notwithstanding any other provision of law,
no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control
number. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having
jurisdiction over the location of the proposed activity.
PRIVACY ACT STATEMENT
Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection , Research and
Sanctuaries Act, 33 USC 1413, Section 103. Principal Purpose: Information provided on this form will be used in evaluating the application for a
permit. Routine Uses; This information may be shared with the Department of Justice and other federal, state, and local government agencies.
Submission of requested information is voluntary, however, if information is not provided the permit application cannot be evaluated nor can a permit
be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed
activity. An application that is not completed in full will be returned.
1. APPLICATION NO.
2. FIELD OFFICE CODE 13. DATE RECEIVED 14. DATE APPLICATION COMPLETED
ITEMS BELOW TO BE FILLED BY APPL/CAN
5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME AND TITLE (an aoNnr is not required)
Governors Club Limited Partnership S&EC, PA - Bob Zarzecki, Env. Spec.
5. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS
c/o Dan Vincent 11010 Raven Ridge Road
PO Box 3923, Sanford, NC 27331 Raleigh, NC 27614
T. APPLICANT'S PHONE NOS. W/AREA CODE 10. AGENT'S PHONE NOS W/AREA CODE
a. Residence a. Residence
b. Business (919) 895-6050 E b. Business (919) 846-5900
11. STATEMENT OF AUTHORIZATION
I hereby authorize, * see Aqent Authorization to act in my behalf as my agent in the processing of this application and to
furnish, upon request, supplemental information in support of this permit application.
APPLICANT'S SIGNATURE DATE
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE (sc,, instrucrions
GOVERNORS VILLAGE
13. NAME OF WATERBODY. IF KNOWN Id»nw-hlel
UT to Cub Creek
15. LOCATION OF PROJECT
Chatham NC
COUNTY STATE
16, OTHER LOCATION DESCRIPTIONS, IF KNOWN, tserinstruetions)
LAT 35.8515587 N / LONG 79.024759 W
14. PROJECT STREET ADDRESS rl appllcaarc)
Governors Village
Village Park Drive
Chapel Hill, NC 27517
17. DIRECTIONS TO THE SITE
The site is located in Governors Village on Mt. Carmel Church Road, Chatham County, NC- To
get to the site from Raleigh: Take 40 West to NC54, Exit 273A toward Chapel Hill; Turn left
onto Farrington Rd. (follow signs towards Governors Club); Take Farrington Rd to Mt. Carmel
Church Road; Turn right on Mt. Carmel Church Rd; Turn right into Governors Village.
NG FORM 4345, Jul 97 EDITION OF FEB 94 IS OBSOLETE. (Proponent: CECW-OR)
IS. Nature of Activity (Description of projecf, include all /eaturesi
see attached "Block 18"
19. Project Purpose (Describe the reason or purpose of the project, see ins-tructioasl
see attached "Block 19"
USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(si for Discharge
see attached "Block 20"
21 . Type(s) of Material Being Discharged and the Amount of Each TVDe in Cubic Yards
see attached "Block 21"
22. Surface Area in Acres of Wetlands or Other Waters Filled (see insrruchons/
see attached "Block 22"
23. Is Any Portion of the Work Already Complete? Yes Q No L:=1 IF YES. DESCRIBE THE COMPLETED WORK
see attached "Block 23"
24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here,
please attach a supplemental list).
see attached "Block 24"
25. List of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agencies for Work Described in This Application.
AGENCY TYPE APPROVAL' IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED
SEE ATTACHED "BLOCK 25"
USACE 404 1995503160, etc. 04/10/96 04/26/96 n/a
DWQ 401 96-0362 04/10/96 06/08/96 n/a
DWQ 401 96-0884 09/05/96 10/18/96 n/a
"Would include but is not restricted to zoning, building and flood plain permits
26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this
applcation is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the
duly authorized agent of the applicant. J
Ao ds,
SIGNATURE OF APPLICANT DATE S E F A NT DATE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly
authorized agent if the statement in block 11 has been filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States
knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or
fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or
fraudulent statements or entry, shall be fined not more than $ 10,000 or imprisoned not more than five years or both.
GOVERNORS VILLAGE
BLOCK SHEETS
BLOCK 18 - Nature of Activity
The project involves the completion of development of Governors Village mixed-use
commercial and residential subdivision located in northern Chatham County, NC. As
described further in Block 23, much of the development has already been completed.
Construction of Governors Village began in the mid-1990s. Approvals have been
received by both the U.S. Army Corps of Engineers (USAGE; Action ID 199503160 and
199600078) and the N.C. Division of Water Quality (DWQ; Project No. 96-0392 and 96-
0884). No additional impacts to waters beyond those previously approved or requested
within this application are anticipated at this time.
The applicant is requesting approval to impact waters for an existing road crossing (see
Impact Map #2 and the USACE Notification of Unauthorized Activity provided in the
attached Prior Project History section of this application). In addition to this road
crossing the applicant is requesting approval to impact wetlands and waters for the
construction of one additional road crossing (see Impact Map #3), utility crossings and lot
fill. Many of these impacts were previously approved, but they have not yet occurred and
the previous approvals have expired. These activities and the dimensions of the
structures are illustrated in the attached "Impact Maps".
The materials to be used include earthen fill to construct the base for the roads and lots.
The roads and parking areas will be paved and use curb and gutter to manage stormwater
runoff. Paving materials include asphalt and concrete. Curb and gutter materials include
concrete metal drop inlets and reinforced concrete pipes (RCP). The existing road
crossing (see Impact Map #2) was constructed using twin 42" RCPs (see Site Photo).
The proposed second crossing (see Impact Map43) will be installed using a single 54"
RCP. The residential structures both already built and proposed include stick-built
single-family homes and townhomes with concrete driveways and walks. The
commercial buildings are constructed of typical commercial building materials including
primarily steel, concrete block, brick and glass.
The previously approved and constructed pond commonly referred to as the "Village
Pond" is a large, stormwater management pond required by the County to meet the
Chatham County Water Supply watershed stormwater requirements for Governors
Village (see attached letter from Chatham County dated April 29, 2005 provided within
the attached Prior Project History section of this application). Stormwater runoff from
Governors Village (including the proposed development areas not currently constructed)
drain to and are managed by this pond.
GOVERNORS VILLAGE
BLOCK SHEETS
BLOCK 19 - Project Purpose
Project Purpose:
The purpose of this project is to complete construction of development of Governors
Village, a mixed-use commercial and residential development located between Mt.
Carmel Church Road, Whipporwill Lane and Old Farrington Road in northern Chatham
County, NC. There are basically three properties that have not been developed within
Governors Village. The properties north and west of the "Village Pond" were previously
approved by the USACE and DWQ for impacts to wetlands and waters. The property
east of the "Village Pond" was added to Governors Village this spring. No jurisdictional
wetlands or waters are proposed to be impacted on this property other than the road
crossing impacts (see Impact Map #3) to connect this property to the rest of Governors
Village. Properties to the south of the "Village Pond" are not part of Governors Village
and consist of existing residential properties.
Project Need:
Governors Village provides retail, office, other commercial services and housing for
residents within the surrounding community as well as existing and future residents
within Governors Village. This development helps to address service and housing needs
of the community's growing population.
GOVERNORS VILLAGE
BLOCK SHEETS
BLOCK 20 - Reasons for Discharge
Proposed Commercial / Retail Area - The wetland impact proposed on Impact Map #1 is
required to complete construction of the commercial / retail section of Governors Village
previously planned for the development in the mid-1990s. These impacts were
previously approved by both the USACE and DWQ (see the Prior Project History section
attached to this application).
Existing Road Crossing - The existing road crossing (see Impact Map #2) was required
to provide a second access for the existing townhomes north of the "Village Pond". The
crossing not along improves traffic flow through Governors Village, it also provides for
multiple points of ingress and egress in case of any emergency.
Proposed Second Crossing - The proposed second crossing (see Impact Map #3) is
required to connect the new 49-lot single-family residential subdivision east of "Village
Pond" to the remainder of Governors Village. Without this crossing the residents of this
community would need to utilize existing state roads (Old Farrington Road, etc.) and at
least one intersection of state roads just to drive from their home to the retail area of
Governors Village. This is not only twice the distance it will also lead to unnecessary
traffic congestion on these state roads. In addition to connecting the subdivision to the
remainder of Governors Village, this crossing will provide a second point of ingress and
egress for the community.
Proposed Townhomes - The wetland impact proposed on Impact Map #4 is to fill
wetlands within a drained pond bottom to allow for the construction of residential
townhomes west of the "Village Pond". This property (previously known as the Dossett
Parcel) has recently been approved by Chatham County for the construction of 76
townhomes from the previously approved commercial / office development. The wetland
area has a surface connection to the "Village Pond" via a channel that is not depicted on
either the USGS topographic map or Chatham County Soil Survey. The channel was
determined by S&EC staff to be an ephemeral ditch below the wetland / drained pond
and above the existing walking trail around the "Village Pond". The applicant does not
dispute the jurisdiction of this wetland area or it's determination as non-isolated.
However it should be noted that S&EC staff do not believe that this original pond in this
location was constructed on either an intermittent or perennial stream. The quality and
functions of this wetland area are low compared to other wetland systems.
Utilities - Impacts to wetlands and waters for utility crossings are also proposed on
Impact Maps #2 and #3. These impacts are required to provide utility services to
development areas described within this application.
GOVERNORS VILLAGE
BLOCK SHEETS
BLOCK 21 - Type of Material Being Discharged and the
Amount of Each Type in Cubic Yards
WETLAND IMPACT TABLE
Wetland Impact Type of Wetland Type of Area of Volume of
Site Number
Type of Impact
{e.g., forested, marsh, Material Impact Discharge
(indicate on herbaceous bog, etc.) Being (sq. yds.) (cubic yds.)
map) Discharged * *?`
Map #1, IA Commercial Fill Herbaceous No 533 178
Map #1, 1B Rip-Rap Dissipater Herbaceous No 39 13
Map #2, 2A Utility (temporary) Herbaceous No 59 20
Map #3, 3C Utility (temporary) Headwater Forest No 107 36
Map 44 Residential Fill Herbaceous No 1,031 344
(Drained Pond)
Total Wetland Impact (acres) 591
* Areas are rounded up to the nearest square yard.
* * Volumes are rounded up to the nearest cubic yard and assume wetlands to be 0.333 yards
deep and do not account for discharge materials above this 0.333-yard assumed depth.
STREAM IMPACT TABLE
Stream Impact
Type of
Area of Impact Volume of
Number Stream Type of Perennial or
Material Being
{sq. yds.) Discharge
(indicate on Name Impact Intermittent?
Discharged (cubic yds.)
map)
Map #2,2A UT Teility Perennial 3 10 4
p•
Map #2, 2B UT Road Perennial 3 39 13
Map #2, 2C UT Rip-Rap Perennial 5 20 7
Map #3, 3D UT utility Intermittent 2-5 25 9
Temp.
Total Stream Impact (by length and acreage) 33
* Areas are rounded up to the nearest square yard.
* * Volumes are rounded up to the nearest cubic yard and assume an average depth of streams
to be 0.333 yards and do not account for discharge materials above this 0.333-yard assumed
depth.
GOVERNORS VILLAGE
BLOCK SHEETS
BLOCK 21 - Type of Material Being Discharged and the
Amount of Each Type in Cubic Yards (cant.)
OPEN WATER IMPACT TABLE
(Including all Waters of US excluding Wetlands, Intermittent Streams & Perennial
Streams listed above.)
Open Water Type of Waterbody
Impact Type of (lake, pond, estuary, Area of Impact Volume of Discharge
Site Number Impact sound, bay, ocean, (sgyds.) {cubyds.}
(indicate on map) etc.)
Map #3,3A UT Road 78 26
Map #3, 3B UT Rip-Rap Dissipater 121 41
Total Open Water Impact (acres) 67
Areas are rounded up to the nearest square yard.
** Volumes are rounded up to the nearest cubic yard and assume an average depth of streams
to be 0.333 yards and ponds to be 1 yard and do not account for discharge materials above
these assumed depths.
GOVERNORS VILLAGE
BLOCK SHEETS
BLOCK 22 - Surface Areas of Wetlands and Other
Waters Filled
WETLAND IMPACT TABLE
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number
Type of Impact
{e.g., forested, marsh, 100-year Nearest Impact
(indicate on
herbaceous Uog etc.} Floodplain Stream (acres)
map) (yes/no) (linear feet)
Map #1, lA Commercial Fill Herbaceous No 48 0.110
Map #1, 1B Rip-Rap Dissipater Herbaceous No 0 0.008
Map #2,2A** Utility (temporary) Herbaceous No 0 0.012
Map #3, 3C Utility (temporary) Headwater Forest No 0 0.022
Map 44 Residential Fill Herbaceous No - 200 0.213
(Drained Pond)
Total Wetland Impact (acres) 0.365
All impacts have been rounded to the nearest 111000 of an acre.
* * Impact 2A included both wetland and stream impacts.
STREAM IMPACT TABLE
Stream Impact Stream Perennial or Average
Number Name Type of Intermittent? Stream Width Impact Length Area of Impact
(indicate on
**
Impact
***
Before Impact
(linear feet) k
(acres) '
map)
Map #2,2A UT Teility Perennial 3 20 0.002
p•
Map #2, 2B UT Road Perennial 3 115 0.008
Map #2, 2C UT Rip-Rap Perennial 5 33 0.004
Map #3, 3D UT utility Intermittent 2-5 34 0.005
Temp.
Total Stream Impact (by length and acreage) 148 (Perm.) 0.019
54 (Temp.)
* All impacts have been rounded to the nearest 111000 of an acre & foot
** UT = Unnamed tributary to Cub Creek (03-06-05, 16-41-2-10-(0.5), WS-IV NSW)
*** See Stream Forms
GOVERNORS VILLAGE
BLOCK SHEETS
BLOCK 22 - Surface Areas of Wetlands and Other
Waters Filled {cant.}
OPEN WATER IMPACT TABLE
(Including all Waters of US excluding Wetlands, Intermittent Streams & Perennial
Streams listed above.)
Open Water Name of Type of
Impact Waterbody Waterbody Area of Impact
Site Number (if applicable) Type of Impact (lake, pond, (acres)
(indicate on estuary, sound,
ma bay, ocean, etc.
Map #3, 3A UT Road Pond 0.016
Map #3, 3B UT Rip-Rap Dissipater Pond 0.025
Total Open Water Impact (acres) 0.041
UT = Unnamed tributary to Cub Creek (03-06-05, 16-41-2-10-(0.5), WS-IV" NSW)
All impacts have been rounded to the nearest 1/1000 of an acre
IMPACT SUMMARY
Stream Impact (acres): 0.019
Wetland Impact (acres): 0.365
Open Water Impact (acres): 0.041
Total Impact to Waters of the U. S. (acres) 0.425
Total Stream Impact (linear feet): 202
GOVERNORS VILLAGE
BLOCK SHEETS
BLOCK 23 - Is Any Portion of the Work Already
Complete?
Existing Conditions:
The project involves the completion of the development of the Governors Village
residential and commercial mixed-use development located on Mt. Carmel Church Road
(SR 1008) in Chatham County, NC. A large portion of the development has already been
constructed, residential and commercial lots have been sold, buildings and homes have
been constructed, and businesses and residents are occupying their buildings and homes.
The road ! driveway crossing depicted on Impact Map #2 has already been constructed.
The owner believed that all appropriate 404 and 401 approvals had been received at the
time the road was constructed. However, the owner was notified in a letter dated
December 27, 2004 from Mr. Todd Tugwell of the U. S. Army Corps of Engineers
(US ACE) that this activity was not authorized (Action ID 200520149). The USACE and
DWQ previously authorized impacts to these waters as described in the attached Prior
Project History. Although as Mr. Tugwell explains in his letter, the permit had expired
prior to construction of the roadway, and the plans have been modified from the
originally proposed plans.
The additional impacts proposed within this application have not yet been constructed.
Dredged or Fill Material Already Discharged:
The activities within Waters of the U. S. that have already occurred include the discharge
of fill into wetlands and other waters for the development of roads, utilities, and
commercial and residential lots. Waters have also been impacted by both fill and
flooding for the construction of the stormwater management pond.
Previous Agency Involvement & Approvals:
Please refer to the attached Prior Project History for additional information and reference
materials. Approvals have been received from the DWQ (DWQ Project No.(s) 96-0362
& 96-0884) and USACE (Action ID 199503160 and 199600078) for impacts to 3.889
acres of waters within the Governors Village development. The impacts proposed within
this application include both modifications to these previous approvals and new impacts
not yet approved.
GOVERNORS VILLAGE
BLOCK SHEETS
BLOCK 24 - Names & Addresses of Adjoining Property
Owners, Lessees, et., Whose Property Adjoins the
Project Site.
(The addresses of property owners whose property adjoins the project site (Governors
Village) list below were obtained from the Chatham County GIS website and do not
include current property owners within the project site.)
BB Endeavors, LLC Horton, Todd Brantley
23107 Umstead Road 1742 Old Arbor Way
Chapel Hill, NC 27514 Mebane, NC 27302
Harris, Kelli Leigh & Charles E. McCrimmon, Lewis M. & Linda M.
111 McKenzie Circle 211 Old Farrington Road
Clayton, NC 27302 Chapel Hill, NC 27514
Boggs, Samuel G. Goodwin, Thelma H.
118 Mt. Carmel Church Road 136 Mt. Carmel Church Road
Chapel Hill, NC 27514 Chapel Hill, NC 27514
Wilson, Michael T. & Joan G. Governors Village P.O.A.
172 Mt. Carmel Church Road PO Box 99149
Chapel Hill, NC 27514 Raleigh, NC 27624
Governors Club Ltd. Partnership Village Custom Homes Co.
PO Box 3923 721 Mt. Carmel Church Road
Sanford, NC 27331 Chapel Hill, NC 27517
L & E Holdings, LLC Nature Trail Associates
781 Mt. Carmel Church Road 9073 Nemo Street
Chapel Hill, NC 27516 Los Angelas, CA 90069
The Caryle Group, Inc. Cheek, Ben Ford
9073 Nemo Street 1130 Madison Womble Way
Los Angelas, CA 90069 Cha el Hill, NC 27514
Sparrow, Carol C. Carolina Meadows, Inc.
204 Graduate Court 100 Carolina Meadows
Durham, NC 27713 Chapel Hill, NC 27517-8505
Porter, Lester Ray Jr. Porter, Donald Brack
998 Whippoorwill Lane 706 Copperline Apt. 102
Chapel Hill, NC 27517-7542 Chapel Hill, NC 27516
Carpenter, John William & Sue A.
256 Old Farrington Road
Chapel Hill, NC 27514
GOVERNORS VILLAGE
BLOCK SHEETS
BLOCK 25 - Information about Approvals or Denials by
other Agencies.
Local Approvals:
Numerous local approvals have been granted for the Governors Village development
including Erosion & Sediment Control Permits, stormwater, subdivision plan approvals,
and many others. These approvals have not been included within this application, but can
be provided upon request.
N.C. Division of Water Quality Compliance:
The N.C. Division of Water Quality (DWQ) has approved impacts for the entire
development (DWQ Project No. 96-0362 & 96-0884). Please refer to the attached Prior
Project History section of this application for additional information about these
approvals. The new developer is requesting approval of a water quality certification from
the DWQ as part of this application.
AGENT AUTHORIZATION FORM
All Blanks To Be Filled In By The Current Landowner
Name: 60 ve-/t U(.5 e4-L L- I m r-kd ESC i/clS ?!!)'
Address: P. (), -8 0 X 3 7a3
x7
Phone: C c/ l 5? ?3/ r 605V
Project Name/Description: C70V" Y10r5
Date: 5- /?K/o 5
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
P.O. Box 1890
Wilmington, NC 28402
Attn: Todd Tugwell
Field Office: Raleigh Regulatory Field Office
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:
I, the current property owner, hereby designate and authorize Soil & Environmental Consultants, PA 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. The _A- day of
May 2 a 0.S
This notification supersedes any previous correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied by S&EC staff. You should call S&EC
to arrange a site meeting prior to visiting the site.
6oyeino? C/?6 ?irrlr?c? ??ie?lt»
Print Property Owner's Name
Property Owner's Signature
cc: Ms. Cyndi Karoly
NCDENR - DWQ
2321 Crabtree Boulevard
Raleigh, NC 27604
cc: Bob Zarzecki
Soil & Environmental Consultants, PA
N
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A Date: Soil & Environmental Consultants, PA
Farrington, NC EI
ez 5.2.05 USGS Quad 11010 Raven Ridge Rd.• Raleigh, NC 27614
Governor's Village (919) 846-5900 • (919) 846-9467
Chatham County, NC Web Page: www.SandEC.com
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Project Date:
Mgr.: BZ 05-02-05
Chatham County
Soil Survey
Governor's Village
Chatham County, NC
536-B = Creedmoor-Green Level Complex, 2 - 6%
536-C = Creedmoor-Green Level Complex, 6 - 10%
5A = Chewacla and Wehadkee soils, 0 - 2%
Soil & Environmental Consultants, PA
11010 Raven Ridge Rd.- Raleigh, NC 27614
(919) 846-5900 - (919) 846-9467
Web Page: www.SandEC.com
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Governors Village Parcel "E"; Wetland Impact No. IA, Wetland Impact Map # 1
Proposed; Photo looking North
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5t?•'fi'< -
GOVERNORS VILLAGE
SITE PHOTOS
Governors Village Parcel "E" Impact No. 1B; Wetland Impact Map # 1;
Proposed; Photo looking North to existing 24" pipe
GOVERNORS VILLAGE
SITE PHOTOS
Stream & Wetlands to be Avoided; South of Impact No. 1 B, Wetland Impact Map # 1
Stream & Wetlands Avoided; North of Impact No. 2A, Wetland Impact Map # 2.
Road Crossing Impact No. 2B & 2C; road is existing and impacts have already occurred;
Area includes portion of Utility Impact No. 2A;
Wetland Impact Map # 2; Photo looking South towards Existing Road Crossing
Wetland & Stream South of Road Crossing Impact No. 2B & 2C;
Wetland Impact Map # 2; Photo looking South towards Existing Walking Trail &
Stonnwutcr Pond
GOVERNORS VILLAGE
SITE PHOTOS
GOVERNORS VILLAGE
SITE PHOTOS
Location of Proposed Road/Driveway Crossing No. 3A & 313; Wetland Impact Map # 3;
Open Water Impact to back waters of existing stormwater pond;
Photo looking South towards existing Walking Trail & Stormwater Pond
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Approximate Location of Proposed Utility / 8" Sanitary Sewer Crossing;
Temporary Impacts to Stream & \k'etland;
Impact No. 3C & 3D; Wetland Impact Map # 3
GOVERNORS VILLAGE
SITE PHOTOS
Typical Wetlands & Stream Avoided; Wetland Impact Map # 3
Aerial Photo of Drained Pond; )ATetland Impact Map # 4;
2002 Photo taken from Chatham County GIS N,\, ebsite
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LAND U5E EVALUATION
CIVIL ENGINEERING 60' 0 60' 120' WETLAND IMPACT MAP #1
C0145TRUCTION MANAGEMENT
1051 Permberton Hill Road, 5u1te 201 Apex, NC 27502 CHATHAM COUNTY NO
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ASSOCIATION
IMPACT TOTALS
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L.F. 115 STREAM
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LAND USE EVALUATION
CIVIL ENGINE'fRING 60' 0 60' 120' WETLAND IMPACT MAP #2
CONSTRUCTION MANAGEMENT
1051 Permberton Hill Road, Suite 201 Apex, NC 27502 CHATHAM COUNTY, NO
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LAND U51= EVALUATION WETLAND IMPACT MAP #3
CIVIL f=NGINf zF ING 50' 0 ®50' 100'
CON-9TRUCTION MANAGEMENT CHATHAM COUNTY, NC
1051 Permberton HIII Road, Su to 201 Arer, NC 27502
Voice (919)3G7-8790-Fax(919)3G7-8791 SCALE: -50 (`H01"IZ.)
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LAND U5E ffVALUATIQN
CIVIL. If NGIN1=1=1ZIN67' 60' a 60' 120' WETLAND IMPACT MAP #4
CONSTRUCTION MANAGEMENT
1051 Permbvton Hill Road, 5urte 201 Apex, NC 27,502 CHATHAM COUNTY, NC
Voice (919)367-8790.fax (a 19) 397-8791 SCALE.- 1"=60' (Horiz.)
DATA FORM - ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Wetland Delineation Performed by Soil & Environmental Consultants, PA
Project/Site: Governor's Village Date: 2/23/2005
Applicant/Owner: Governor's Club County: Chatham
Investigator: Bob Zarzeckl State: NC
Do Normal Circumstances exist on the site? Yes Community ID:
Is the site significantly disturbed (Atypical Situation)? No Transect ID:
Is the area a potential Problem Area? No Plot ID: Upland
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Andropogon virginicus PNG FAC- 9.
2. Pinus taeda NT FAC 10.
3. Juncuseffusus PNEGL FACW+ 11.
4. Rubus spp. NS FACU- 12.
5. Quercus alba NT FACU 13.
6. Acer rubrum NT FAC 14.
7. Carya glabra NT FACU 15.
8. Juniperus virginiana NT FACU- 16.
Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-)
25%
Remarks:
HYDROLOGY
Recorded Data (Describe in Remarks):
Stream, Lake, or Tide Gauge
Aerial Photographs
_Other
X No Recorded Data Available Wetland Hydrology Indicators:
Primary Indicators:
Inundated
Saturated in Upper 12 Inches
Water Marks
Drift Lines
Sediment Deposits
Field Observations: Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
Depth of Surface Water: >12 (in.) X Oxidized Root Channels in Upper 12 Inches
Water-Stained Leaves
Depth to Free Water in Pit: >12 (in.) Local Soil Survey Data
FAC-Neutral Test
Depth to Saturated Soil: >12 (in.) Other (Explain in Remarks)
Remarks:
SOILS
Wetland Delineation Performed by Soil & Environmental Consultants, PA
Map Unit Name
(Series and Phase): Creedmoor Sandy Loam Drainage Class: Moderately Well
Field Observations
Taxonomy (Subgroup): Aquic Hapludults Confirm Mapped Type? Yes
Profile Descriptions:
Depth Matrix Color Mottle Colors Mottle Abundance/ Texture, Concretions,
(inches) Horizon (Munsell Moist) (Munsell Moist) Size/Contrast Structure, etc,
0-12 10 YR 712 7.5 YR 518
Hydric Soil Indicators:
_ Histosol Concretions
_ Histic Epipedon High Organic Content in Surface Layer in Sandy Soils
_ Sulfidic Odor Organic Streaking in Sandy Soils
Aquic Moisture Regime Listed on Local Hydric Soils List
X Reducing Conditions Listed on National Hydric Soils List
X Gleyed or Low-Chroma Colors Other (Explain in Remarks)
Remarks
Low chroma mixed with bright mottles
WETLAND DETERMINATION
Hydrophytic Vegetation Present? YES (Circle) (Circle)
Wetland Hydrology Present? NO
Hydric Soils Present? INO Is this Sampling Point Within a Wetland? Na
Remarks
Approved by HQUSACE 3192
DATA FORM - ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Wetland Delineation Performed by Soil & Environmental Consultants, PA
Project/Site: Governor's Village Date: 2/1112005
Applicant/Owner: Governor's Village County: Chatham
Investigator: Bob Zarzecki State: NC
Do Normal Circumstances exist on the site? Yes Community ID:
Is the site significantly disturbed (Atypical Situation)? No Transect ID:
Is the area a potential Problem Area? No Plot ID: Wetland
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Juncuseffusus PNEGL FACW+ 9. Smilax rotundifolia NWV FAC
2. Nyssa sylvatica NT FAC 10. Ludwigia alternifolia PNEF OBL
3. Acer rubrum NT FAC 11.
4. Carex spp. PNGL FACW 12.
5. Lonicera japonica FAC- NSWV 13.
6. Rubus spp. NS FACU 14.
7. Salix nigra NT OBL 15.
8. Liriodendron tulipifera NT FAC 16.
Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-)
80%
Remarks:
HYDROLOGY
Recorded Data (Describe in Remarks):
Stream, Lake, or Tide Gauge
Aerial Photographs
_Other
X No Recorded Data Available Wetland Hydrology Indicators:
Primary Indicators:
X Inundated
X Saturated in Upper 12 Inches
X Water Marks
X Drift Lines
X Sediment Deposits
Field Observations: X Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
Depth of Surface Water: 0 (in.) X Oxidized Root Channels in Upper 12 Inches
X Water-Stained Leaves
Depth to Free Water in Pit: 0 (in.) Local Soil Survey Data
FAC-Neutral Test
Depth to Saturated Soil: 0 (in.) Other (Explain in Remarks)
Remarks:
SOILS
Wetland Delineation Performed by Soil & Environmental Consultants, PA
Map Unit Name
(Series and Phase): Wehadkee silt loam Drainage Class: poorly drained
Field Observations
Taxonomy (Subgroup): Fluvaquentic Endoaquepts Confirm Mapped Type? No
Profile Descriptions:
Depth Matrix Color Mottle Colors Mottle Abundance/ Texture, Concretions,
(inches) Horizon (Munsell Moist) (Munsell Moist) Size/Contrast Structure, etc,
0-6 Al 10 YR 4/2 silt loam
6-10 B21 g 10 YR 511 silty clay loam
10712 B22g 10 YR 411 fine sandy clay loam
Hydric Soil Indicators:
Histosol X Concretions
_ Histic Epipedon High Organic Content in Surface Layer in Sandy Soils
_ Sulfidic Odor Organic Streaking in Sandy Soils
Aquic Moisture Regime X Listed on Local Hydric Soils List
X Reducing Conditions X Listed on National Hydric Soils List
X Gleyed or Low-Chroma Colors Other (Explain in Remarks)
Remarks
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes (Circle) (Circle)
Wetland Hydrology Present? Yes
Hydric Soils Present? Yes Is this Sampling Point Within a Wetland? Yes
Remarks
Approved by HQUSACE 3192
DATA FORM - ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Wetland Delineation Performed by Soil & Environmental Consultants, PA
Project/Site: Governor's Village - Dosset Tract Date: 2/23/2005
Applicant/Owner: Governor's Club County: Chatham
Investigator: Bob Zarzecki I Jessica Regan State: NC
Do Normal Circumstances exist on the site? Yes Community ID: Drained Pond
Is the site significantly disturbed (Atypical Situation)? No Transect ID:
Is the area a potential Problem Area? No Plot ID: Upland
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Andropogon virginicus HERB FAC- 9.
2. Pinus taeda SAPLING FAG 10.
3. Juncuseffusus HERB FACW+ 11.
4. Rubus spp. HERB NI 12.
5. 13.
6. 14.
7. 15.
8. 16.
Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-)
50%
Remarks:
HYDROLOGY
Recorded Data (Describe in Remarks):
Stream, Lake, or Tide Gauge
Aerial Photographs
_Other
X No Recorded Data Available Wetland Hydrology Indicators:
Primary Indicators:
Inundated
Saturated in Upper 12 Inches
Water Marks
Drift Lines
Sediment Deposits
Field Observations: Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
Depth of Surface Water: >12 (in.) X Oxidized Root Channels in Upper 12 Inches
Water-Stained Leaves
Depth to Free Water in Pit: >12 (in.) Local Soil Survey Data
FAC-Neutral Test
Depth to Saturated Soil: >12 (in.) Other (Explain in Remarks)
Remarks:
SOILS
Wetland Delineation Performed by Soil & Environmental Consultants, PA
Map Unit Name
(Series and Phase): Creedmoor Sandy Loam Drainage Class: Moderately Well
Field Observations
Taxonomy (Subgroup): Aquic Hapludults Confirm Mapped Type? Yes
Profile Descriptions:
Depth Matrix Color Mottle Colors Mottle Abundance/ Texture, Concretions,
(inches) Horizon (Munsell Moist) (Munsell Moist) Size/Contrast Structure, etc,
0-12 10 YR 712 7.5 YR 518
Hydric Soil Indicators:
_ Histosol Concretions
_ Histic Epipedon High Organic Content in Surface Layer in Sandy Soils
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) (Circle)
Wetland Hydrology Present? NO
Hydric Soils Present? NO Is this Sampling Point Within a Wetland? Na
Remarks
Approved by HQUSACE 3192
DATA FORM - ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Wetland Delineation Performed by Soil & Environmental Consultants, PA
Project/Site: Governor's Village - Dossett Tract Date: 2/23/2005
Applicant/Owner: Governs Village County: Chatham
Investigator: Bob Zarzecki I Jessica Regan State: NC
Do Normal Circumstances exist on the site? Yes Community ID: Drained Pond
Is the site significantly disturbed (Atypical Situation)? No Transect ID:
Is the area a potential Problem Area? No Plot ID: Wetland
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Juncuseffusus HERB FACW+ 9.
2. 10.
3. 11.
4. 12.
5. 13.
6. 14.
7. 15.
8. 16.
Percent of Dominant Species th at are OBL, FACW or FAC (excluding FAC-)
100%
Remarks:
HYDROLOGY
Recorded Data (Describe in Remarks):
Stream, Lake, or Tide Gauge
Aerial Photographs
_Other
X No Recorded Data Available Wetland Hydrology Indicators:
Primary Indicators:
X Inundated
X Saturated in Upper 12 Inches
Water Marks
Drift Lines
Sediment Deposits
Field Observations: Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
Depth of Surface Water: >12 (in.) X Oxidized Root Channels in Upper 12 Inches
Water-Stained Leaves
Depth to Free Water in Pit: >12 (in.) Local Soil Survey Data
FAC-Neutral Test
Depth to Saturated Soil: >12 (in.) Other (Explain in Remarks)
Remarks:
SOILS
Wetland Delineation Performed by Soil & Environmental Consultants, PA
Map Unit Name
(Series and Phase): Wehadkee silt loam Drainage Class: poorly drained
Field Observations
Taxonomy (Subgroup): Fluvaquentic Endoaquepts Confirm Mapped Type? No
Profile Descriptions:
Depth Matrix Color Mottle Colors Mottle Abundance/ Texture, Concretions,
(inches) Horizon (Munsell Moist) (Munsell Moist) Size/Contrast Structure, etc,
0-6 Al 10 YR 4/2 silt loam
6-10 B21 g 10 YR 511 silty clay loam
10712 B22g 10 YR 411 fine sandy clay loam
Hydric Soil Indicators:
Histosol X Concretions
_ Histic Epipedon High Organic Content in Surface Layer in Sandy Soils
_ Sulfidic Odor Organic Streaking in Sandy Soils
Aquic Moisture Regime X Listed on Local Hydric Soils List
X Reducing Conditions X Listed on National Hydric Soils List
X Gleyed or Low-Chroma Colors Other (Explain in Remarks)
Remarks
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes (Circle) (Circle)
Wetland Hydrology Present? Yes
Hydric Soils Present? Yes Is this Sampling Point Within a Wetland? Yes
Remarks
Approved by HQUSACE 3192
.J?-
O"FICE USE ONLY: USACE AID# DWQ #
? ,q?u its: r.
? ? STREAM QUALITY ASSESSMENT WORKSHEET
1. Applicant's Name: h 2. Evaluator's Name: t3? b L? c? IF.
3. Date of Evaluation: c3?' ? ? c 4. Time of Evaluation: 1 .
5. Name of Stream: t) t {-a b C? eat 6. River Basin: L, (2e Te"?
7. Approximate Drainage Area: "io uL?=S 8. Stream Order: k S±
9. Length of Reach Evaluated: - i 30 10. County: C
11. Location of reach under evaluation (include nearby roads and landmarks): C %c<?e? of J l lc ?, To,a , %n...'I e s
12. Site Coordinates (if known): 3 i S S ?5 -1 r,? -i q . O ? u - C ,
13. Proposed Channel Work (ifan
- Y):
14. Recent Weather Conditions: a,? c.sr,? ?l nrg . / ?? ?/y N wl,? 1c 5i w Nall
15. Site conditions at time of visit: l i?•? ,? w 1? c h nor
16. Identify any special waterway classifications known: -Section 10 -Tidal Waters -Essential Fisheries Habitat
Trout Waters -Outstanding Resource Waters _XNutrient Sensitive Waters Water Supply Watershed N (I-IV)
17. Is there a pond or lake located upstream of the evaluation point? YES Q N If yes, estimate the water surface area
18. Does charnel appear on USGS quad map? YES N( 19. Does channel appear on USDA Soil Survey? YE NO
20. Estimated Watershed Land Use: * % Residential % Commercial % Industrial _% Agricultural
,.30 % Forested % Cleared / Logged % Other (
21. Bankfull Width: 22. Bank Height (from bed to top of bank): .
23. Channel slope down center of stream: ?t Flat (0 to 2%) Gentle (2 to 4%) -Moderate (4 to 10%) -Steep (>10%)
24. Channel Sinuosity: Straight XOccasional Bends -Frequent Meander -Very Sinuous -Braided Channel
Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on
location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to
each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics
identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot
be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where
there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may
be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned
to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality.
Total Score (from reverse): LAS
Evaluator's Signature ??' Date 1x1/i/
This channel evaluation is intended to be used only as a guide to assist landowners a ironmental professionals in
gathering the data required by the United States Army Corps of Engineers in order to make a preliminary assessment of
stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a
particular mitigation ratio or requirement. Form subject to change - version 05/03. To Comment, please call 919-876-8441 x 26.
STREAM QUALITY ASSESSMENT WORKSHEET
North Carolina Division of Water Quality -Stream Identification Form; Version 3.1
Date: I t y Project: Latitude: 3 c3 a ( r57Sad
Evaluator: BCb _ r-Lec<<, Site: >??,rti? '? /fig ^'l:? I Longitude: ?4 - u
Total Points: Other C, • ,rA d
Stream is at least intermittent County:
ifz 19 or perennial if? 30 31 e.g. Quad Name:
A. Geomorphology (Subtotal Absent Weak Moderate Strong
la. Continuous bed and bank 0 1 2
2. Sinuosity 0 1 2 3
3. In-channel structure: riffle-pool sequence 0 1 2 3
4. Soil texture or stream substrate sorting 0 1 2 3
5. Active/relic floodplain 0 1 0,-). 3
6. Depositional bars or benches 0 1 2 3
7. Braided channel 0 1 2 3
8. Recent alluvial deposits 0 1 2 3
9 a Natural Levees 0 1 2 3
10. Headcuts 0 1 2 3
11. Grade controls 0 0.5 1 1.5
12. Natural valley and drainageway 0 0.5 1 1.5
13. Second or greater order channel on existing
USGS or NRCS map or other documented
evidence. ?,
No ?J
F 11
Yes = 3
'Man-made ditches are not rated; see discussions in manual
1
B. Hvdroloav (Subtotal = 1
14. Groundwater flow/discharge 0 1 2 3
15. Water in channel and > 48 hrs since rain, or
Water in channel -- d or growing season 0 1
_ 2
--?:'
16. Leaflitter 1.5 1 0.5 0
17. Sediment on plants 0 0. 1 1.5
18. Organic debris lines or piles (Wrack lines) 0 0.5 1 1.5
19. Hydric soils (redoximorphic features) present? No = 0 Yes - 1.
C. Biolow (Subtotal = q )
20b. Fibrous roots in channel 3 2 1 0
21 b. Rooted plants in channel 2 1 0
22. Crayfish 0 1 1.5
23. Bivalves 0 1 2 3
24. Fish 0 0.5 1 1.5
25. Amphibians 0 0.5 1 c 1.5
26. Macrobenthos (note diversity and abundance) 0 0.5 1 1.5
27. Filamentous algae; periphyton 0 0.5 1 1.5
28. Iron oxidizing bacteria/fungus. 0 0.5 1.5
29 b. Wetland plants in streambed FAC = 0.5; FACW = 0.75; OBL = 1.5 SAV = 2.0; Other 0
Items 20 and 21 focus on the presence of upland plants, Item 29 focuses on the presence of aquatic or wetland plants.
Sketch:
2
Notes: (use back side of this form for additional notes.)
Nuy W (l btream ulasslucdtlun r orm
Project Name: River Basin: &p,, e.. j, County: C 1?r c ?o Evaluator: &,,o '
DWQ Project Number: Nearest Named Stream: C_V, C.el-tL Latitude: 35 . ?515S?? Signature: ,d
Date: lr (?'S USGS QUAD: Longitude: 4=t.tl,? 4 T zj Location/Di i ns`'
C
*PLEASE NOTE: If evaluator and landowner agree that the feature is a man-made ditch, then use of this form is not necessary.
if in the best professional judgement of the evaluator, the feature is a man-made ditch and not a modified natural stream-this
rwgng system should not be used* Primary Field Indicators: (Circle One Number Per Line)
2) Is The USDA Texture
(Or Relic)
11 Hydroloey Absent Weak Moderate Strone
1) Is There A Groundwater
Flow/Discharge Presents 0 2 3
PRIMARY HYDROLOGYINDICATOR POINTS: I
3) Does
A
11 Hydroloey Absent Weak Moderate Strom
1) Is This Year's (Or Last's) Leaflitter .k_ -
4) Is Water In Channel And >48 Hrs. Since 0 -5 U
Last Known Rain? (*NOTE.- Ditch Indicated In #9 Above Ski i to And # Below*
5) Is There Water In Channel During Dry 0 .5 1.5
8) Are Wetland Plants In Streambed? SAV Mostly OBL Mostly FACW Mostly FAC Mostly FACU Mostly UPL
(* NOTE: If TotaWsence Of All Plants In Streambed 2 1 .75 .5 0 0
ti
1 JTAL POINTS (Primary + Secondary)= (If Greater Than Or Equal To 19 Points The Stream Is At Least Intermittent)
(*NOTE: If Bed & Bank Caused By Ditching And WITHOUT Sinuosirv Then Score=0*J
10) Is A 2nd Order or Greater Channel (As Indicated
PRIMARY BIOLOGY INDICATOR P011VIN t
'Adary Field Indicators: (Circle One Number Per line)
11 OFFICE USE ONLY: USACE AID#
DWQ#
f i l STREAM QUALITY ASSESSMENT WORKSHEET ?4?
1. Applicant's Name: 2. Evaluator's Name:
3. Date of Evaluation: oti 4. Time of Evaluation: p?
5. Name of Stream: t-u t_.-:', b C c 6. River Basin: .??
7. Approximate Drainage Area: -RP(4?.4e,) 8. Stream Order: j s
9. Length of Reach Evaluated: -(0 0 10. County: C-w?}-+'??^-•
11. Location of reach under evaluation (include nearby roads and landmarks):
12. Site Coordinates (if known): 35 . f' `?- ( s52? 1 t.°L ?j • ?? y `t
13. Proposed Channel Work (if any): v ti ?,i
14. Recent Weather Conditions:-
15. Site conditions at time of visit:
16. Identify any special waterway classifications known: -Section 10 -Tidal Waters -Essential Fisheries Habitat
-Trout Waters -Outstanding Resource Waters( Nutrient Sensitive Waters Water Supply Watershed (I-IV)
17. Is there a pond or lake located upstream of the evaluation point? YESIf yes, estimate the water surface area:
18. Does channel appear on USGS quad map? YES 0) 19. Does channel appear on USDA Soil Survey? (!?-FS NO
20. Estimated Watershed Land Use: 40/o Residential % Commercial % Industrial % Agricultural
3c),% Forested % Cleared / Logged % Other ( )
21. Bankfull Width: 3 22. Bank Height (from bed to top of bank): I-A
23. Channel slope down center of stream: Flat (0 to 2%) -Gentle (2 to 4%) Moderate (4 to 10%) -Steep (>10%)
24. Channel Sinuosity: Straight Occasional Bends -Frequent Meander -Very Sinuous -Braided Channel
Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on
location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to
each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics
identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot
be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where
there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may
be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned
to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality.
Total Score (from reverse): .3(a Comments:
Evaluator's Signature it J a Date -Z r oj-
This channel evaluation fo intended to be used only as a guide to assist landowners and environmental professionals in
gathering the data required by the United States Army Corps of Engineers in order to make a preliminary assessment of
stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a
particular mitigation ratio or requirement. Form subject to change - version 05/03. To Comment, please call 919-876-8441 x 26.
STREAM QUALITY ASSESSMENT WORKSHEET
North Carolina Division of Water Quality - Stream Identification Form version 3.1
Date: Project: Latitude;
?, I t l (;..? V °
Evaluator: Site: Longitude:
Total Points: / Other
.r:-
Stream is at least intermittent County: e,g., Quad Name:
if z 19 or perennial if ? 30
Geomorphology (Subtotal = ?' )
A Absent Weak Moderate Strong
.
1a. Continuous bed and bank 0 1 2 3
3
2. Sinuosity 0 1
1 2
2 3
In-channel structure: riffle-pool sequence
3 0
.
Soil texture or stream substrate sorting
4 0 2 3
.
5. Active/relic floodplain 0 1 2 3
3
6. Depositional bars or benches 0 1 2 3
7. Braided channel 0
0 1
1 2 3
8. Recent alluvial deposits
9 a Natural levees 0 1 2 3
3
10. Headcuts lay
0 1
0.5 2
1 1.5
11. Grade controls 1 5
1
12. Natural valley or drainageway 0 0.5 .
13. Second or greater order channel on existing
0
Yes 3
=
USGS or NRCS map or other documented No
avidPnre_
aMan-made ditches are not rated; see discussions in manual
l_
B. Hydrology butmoiai =
1
2
3
14. Groundwater flow/discharge 0
15. Water in channel and > 48 hrs since rain, or 0 1 2' 3
Water in channel -- d or rowin season
5
0
0
16. Leaflitter 1 5 .
1 1.5
17. Sediment on plants or debris 0 EA;E
18. Organic debris lines or piles (Wrack lines) 0 1 1.5
19. Hydric soils (redoximorphic features) present? No = 0 Yes 1.5
R 1<
C. tsiology (aupiotat = n- "
2
1
0
Fibrous roots in channel
20b 3
.
21 . Rooted plants in channel 3 2 1 0
22. Crayfish 0 0.5 1 1.5
0 1 2 3
23. Bivalves 1 5
1
24. Fish 0 0.5
0
5 1 .
5
1
25. Amphibians 0 1
,
5 1 .
5
1
Macrobenthos (note diversity and abundance)
26 0 0 .
.
27. Filamentous algae; periphyton 0 0. 1 1.5
28. Iron oxidizing bacteria/fungus. 0 1.5
29 b. Wetland plants in streambed FAC CW 75 OBL = 1.5 SAV = 2 .0; Other = 0
Items 20 and 21 tocus on the presence or upwiu pianos, -.1 <1 _ r---- - z-
Sketch:
Notes: (use back side of this form for additional notes.)
,yVt1 Jtream l,lass,,,car,?„ r?„a,
jrojectName: River Basin: t 4` CC'_ County: ^i?4 Evaluator: ?'- u
DWQ Project Number: Nearest Named Stream: Cd't*, C ,,y._Latitude: 3q. "GSI3!? q Signature:
Dir ns:16 6,1 ?
Date: USGS QUAD: Longitude: -fc(. : aN?? Location[
*PLEASE NOTE: If evaluator and landowner agree that the feature is a man-made ditch, then use of this form is not necessary. V u'lh, ?-u
if in the best professional judgement of the evaluator, the feature is a man-made ditch and not a modified natural stream-this
riutng system should not be used*
Primary Field Indicators: (Circle One Number Per Line)
4) Is Water In Channel And >48 Hrs. Since - 0 1.5
Last Known Rain? *N TE: I Ditch Indicated In #9 Above Ski is re nd #S Below*
5) Is There Water In Channel Dwing Dry 0 .5 1 1-5
SECONDARY HYDROLOGY
8) Are Wetland Plants In Streambed?
(* NOTE: If Total Absence Of All Plants In Streambed
tj
x .J'TA L POINTS (Primary + Secondary)='(IfGreater Than Or Equal To 19 Points The Stream Is At Least Intermittent)
II Hvdrolo¢y Absent Weak Moderate Strong
1) Is There A Groundwater /1?
;dare Field Indicators: (Circle One Number Per Line)
1 11. Absent Weak Moderate Strone
1) Is This Year's (Or Last's) Leaflitter -
e
GOVERNORS VILLAGE
PRIOR PROJECT HISTORY
DATE ACTION
Ma 17, 1995 Jurisdictional Determination
October 16, 1995 USACE Memo re: Project Area
April 26, 1996 USACE General Permit Verification
June 8, 1996 DWQ Approval #1
October 18, 1996 DWQ Approval #2
December 27, 2004 USACE Notification of Unauthorized Activity
April 29, 2005 County of Chatham Letter re: Stormwater Pond
Jurisdictional Determination (see attached) - The attached jurisdictional determination
(Action ID 199503160) was issued to the development on May 17, 1995. Also, attached
are sketch maps of the delineation that were attached to the determination.
USACE Memo re: Project Area (see attached) - On October 16, 1995 Ms. Jean
Manuele wrote a "Memorandum for the Record" stating that the Polk and Dossett Tracts
(now Governors Village) will be considered separate developments from the Governors
Chub subdivision as it pertains to the applicability of Nationwide Permit No. 26. We
have since received verbal confirmation from the USACE that the Governors Village
development will be considered a separate development from the Governors Club
subdivision.
USACE General Permit Verification (see attached) - On April 26, 1996, the USACE
issued a General Permit Verification for the use of Nationwide Permits 12, 14 & 26 for
impacts to 0.51 acres of waters at the area now know as Governors Village (Action ID
199503160 & 199600078).
DWQ Approval #1 (see attached) - On June 8, 1996, the DWQ issued approval for the
use of General Water Quality Certifications for impacts to 0.51 acres of waters (DWQ
Project No. 96-0362). Impacts maps provided in the original application dated April 10,
1996 are attached.
DWQ Approval 92 (see attached) - On October 18, 1996, the DWQ issued approval for
the use of General Water Quality Certifications for impacts to 3.889 acres of waters
(DWQ Project No. 96-0884). Impacts maps provided in the second application dated
September 5, 1996 are attached.
In a conversation with Todd Tugwelll of the USACE on February 9, 2005, we understand
that the USACE have documentation that the impacts proposed within the second
application dated September 5, 1996 have been approved but there is no copy of the
approval letter in their files. This application was submitted by S&EC. We have
searched our old files, but we have not been able to locate a copy of this letter.
GOVERNORS VILLAGE
PRIOR PROJECT HISTORY
USACE Letter of Unauthorized Activity I Permit Noncompliance (see attached) -
The USACE issued a letter of Notification of Unauthorized Activity / Permit
Noncompliance (Action ID 200520149) on December 27, 2004 for this development. In
this letter the USACE notified the owner that the construction of the road across a stream
was not authorized; that a permit had previously been authorized for impacts in the same
area (AID 199503160); that the permit had expired prior to the construction of the road;
and that the plans have been modified from the originally proposed plans. The remedial
action requested within this letter was for the owner to submit an "after-the-fact"
individual permit application for the stream impacts caused by the road and for any
additional fills within waters of the US for completion of the proposed project
(Governors Village).
County of Chatham Letter re: Stoinnwater Pond (see attached) - The Chatham
County Planning Director describes in this letter dated April 29, 2005 that the "Village
Pond" was previously approved by the County to meet the County Water Supply
Watershed stormwater requirements for Governors Village.
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: c) 3 \? Q County:
Notification of Jurisdictional Determination
Property owner/Authorized Agent
Address ?C,, Mc (3?,C%VN , ?r C e c?s.c C 1h? C>h
J i
Telephone Number
Size and Location of Property(waterbody, Highway name/number, town, etc.)
o1k cc c.? C1 O? 6, c c G, t. o? Sc \oQ?? , ?' -r W o? SFZ ?`?a
Indicate Which of the following aPP1Y: ?" Cv e. 4 ?e acL w ?? e c s CA ' - n- e
?o Cab Cc eek,
• 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 years from the date of this notification.
• There are no wetlands present onthe 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
frorp 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
n?cN \e_ at ""S `cyV 0 .
Property owner/Authorized Agent Signature
Project Manager
Date`` n ;Expiration Date ' \n,, \--\, QC)G C)
SURVEY 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
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Memorandum
To: MEMORANDUM FOR THE RECORD
CC:
From: Jean B. Manuele
Date: 'October 16, 1995
Subject: - Action ID. 199503160 and`. 199600078, Nationwide Permit
No. 26 Applicability to Subdivision for Governors Club
Limited Partnership, Polk and Dossett Tracts, South of
Chapel Hill, Chatham County, North Carolina.
On October 16, 1995, I contacted Mr. Joe Brinn, Jr. with Governors Club
Limited Partnership to inform him of our decision regarding the applicability of
Nationwide Permit No. 26 to the proposed development of Polk Tracts I, II
and III and the Dossett Tract, owned by the aforementioned partnership. Mr.
Brinn was informed that the developers would be allowed to apply for a
separate Nationwide Permit No. 26 for the Polk and Dossett Tracts since they
are located outside of the main Governors Club subdivision development and
will not be entitled to any of the amenities offered within the main
development. Accordingly, the acreage already issued by nationwide permit in
the main subdivision, 2.4 acres, would not be cumulatively affected by wetland
permits for the Polk and Dossett tracts. Mr 4Brinn stated that he had no
problem with this interpretation.
Jean B. Manuele
Regulatory Specialist
Raleigh Field,-Office
KIr
3 ;1to?? lob
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 199503160 4 ft`'° County Chatham
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner/Agent Governors Club Development, ATTN: Mr. William J. Bri
Address 10100 Governors Drive
Chapel Hill. North Carolina 27514
Telephone No. - (919) 986-8500
Size and Location of project (waterway, road name/number, town, etc.) 223.696 acres west of
S.R. 1727 and east of S.R. 1008. approximately 5 miles south of Chapel Hill, N.C. The site is
located adjacent to, and above the headwaters of, several unnamed tributaries to Cub Creek
Description of Activity
Filling, flooding and excavation activities associated with the construction of stormwater ponds
utilities and roads within a proposed residential and commercial development Jurisdictional
impact totals are as follows: NWP No. 12-0.01 acre, NWP No. 14-0.05 acre and NWP No 26-
X Section 404 (Clean Water Act, 33 USC 1344) only.
Section 10 (River and Harbor Act of 1899) -only.
. Section 404 and Section 10.
11 14 & 26 Nationwide Permit Number.
Any violation of the conditions of the Regional General or Nationwide Permit referenced above
may subject the permittee to a stop work order, a restoration order, and/or appropriate legal
action.
This Department of the Army Regional General/Nationwide Permit verification does not relieve
the undersigned permittee of the responsibility to obtain any other required Federal, State, or
local approvals/permits. The permittee may need to contact appropriate State and local agencies
before beginning work.
Regulatory Project Manager Signatures
Date__ April 26.1996 Expiration
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
State of North Carolina I',
Department of Environment,
Health and Natural Resources + • •
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary C) E I---1 N F=tp
A. Preston Howard, Jr., P.E., Director
June 8, 1996
Chatham County
DEM Project # 960362
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. William Brinn
Governors Club Dev.
10100 Governors Drive
Chapel Hill, NC 27514
Dear Mr. Brinn:
You have our approval to place fill material in 0.51 acres of wetlands or waters for the purpose of
residential development, stormwater ponds utilities and roadways at The Polk and Dossett Tracts at
Governors Club Development, as you described in your application dated 10 April 1996. After reviewing
your application, we have decided that this fill is covered by General Water Quality Certification
Numbers 3022, 2732 and 2671. These certifications allow you to use Nationwide Permit Numbers 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. Additional
written DEM approval is needed for the stormwater pond before construction begins. 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 150E 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 Environmental Management under Section 401
of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786.
Sincerely,
ton Howar , r. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DEM Regional Office
Mr. John Dorney
Central Files
960362.1tr
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
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State of North Carolina
Department of Environment,
Health and Natural Resources •
Division of Water Quality A&4
JJamesB. Hunt, J r.,
1-b Governor ED EH N F?
Jonathan B B. . Howe es, Secrets ry
A. Presto n Howard, Jr., P.E., Di recto r
October 18, 1996
Chatham County
DWQ Project # 960884
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. William Brinn
Governors Club Development
10100 Governors Club
Chapel Hill, NC 27514
Dear Mr. Brinn:
You have our approval to place fill material in 3.889 acres of wetlands or waters for the purpose of
constructing a residential and commercial development at Polk, Dossett and Harris Tracts at Governors Club
Development, as you described in your application dated 5 September 1996. After reviewing your
application, we have decided that this fill is covered by General Water Quality Certification Numbers 3026,
3022, 2665, 2732 and 2671. These certifications allow you to use Nationwide Permit Numbers 3, 12, 13, 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 except as
modified below. 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
and any additional conditions listed below. Additional written DWQ approval is required for stormwater
management for the commercial area. The plan shall be submitted before wetland filling occurs. Deed
restrictions shall be added to all 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 including (but not limited to)
Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations.
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 at 919-733-1786.
S' cerel
?I
A. Preston Howard, lr. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Feld Office
Raleigh DWQ Regional Office
john Dorney
Central Files
Chris Huysman; Soil and Environmental Consultants
960884.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
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CHARLES EDWARD HARM
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DATE REVISION INIIIAL
GOVERNORS VILLAGE
PHASE ONE
(SEE REF Ha 7)
l 16 1
24 23 11 22 21 20 19
; 1811
17
JORDA
LAKE
RNORS CLUB /
ERTY BOUNDARY /
NTL /
NTLEY NEKTON
E AP. 111 1)
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VICINITY MAP
(NOT TO SCALE)
GENERAL NOTES;
t. ALL DIENS311S SHONN HEREON ARE HORRONTAL OWM YEASUREMEIR
NO APPEAR III FAT ND OEOMNS THEREOF, NO GRID FACTOR LAS BEEN
APPLIED.
2 ALL BEARINGS SH10Mi HEREON ARE BASED ON GOVERNORS VLLADE
PROJECT NORTH UNLESS OTERWSE NOTED. GOVERNORS ADAGE PROJECT
5 00' OO' 23' NEST OF KG GRID NORTH.
3. TOTAL AREA OF RACTS 31-A 31-8, t 31-C IS HL316 ACRES
IL AREAS IRE OEi CANED BY OOORDNATE 00 PUTAIIOK COMM AS NOTED.
S. PROPERTY LINES SHOWN DASHED ARE NOT A PART OF THIS SURVEY AND
ARE rA E N FROM REFERENCES SHOWN HEREON.
6. THE REMAINING PORTIONS OF TRACT 1 OWNED BY CHARLES EDWARD HARRIS. k. AND
TRACT 2 OWNED 6Y KOLU LE101 HA S (SEE REF..0 1) ARE NOT APPROVED FOR
BULDINC OEVELOPMEHT AND 00 NOT MEET THE REOURDHEN'S OF THE S03DPASION
REGULATIONS, BUT ARE APPROVED FOR RECORDNO PURPOSES ONLY.
7. PJ.K'S 9796-00-33-0000
9796-00-34-0000
REFERENCES:
1. CNAIV" COUNTY PS 23 PG 99 (HORTON)
2 CHATHAM COUNTY PS 7 PG 77 (COOK)
3. CHATHAM COUNTY PS 87 PG 72 (MORTON RE-q V.)
4. CHATHAM GOUTY D& 606 PG. 66 (OOv. CLUB - G.C.LP.)
S. CHATHAM COUNTY PLAT SUDS 92-440 k 441 GO V. CLUB BOUHOARI?
6. CHATHAM COUNTY PLAT S1JOE 96-216 k 219 GOV. VTI.L?DE PHASE E)
7. CHATHAM COUNTY PS 96 PG 216 (GOV. ALA PH-1)
CHATHAM COUNTY PUT BOOK 32 PG. 72
CHATHAM COUNTY PLAr a" 32 PG 73
CHATHAM COUNTY PLAr SUCE 66-370
LEGEND:
NP -
Ep - DOSTNO IRON PIPE
EW - EXISTING CONCRETE MCNDNENT
R - RIGHT-OF-WAY
- D® BOON
M. - PAGE
N/F - NOW OR FORMEU6_Y
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GRAPHIC SCALE
T%iiiiii
0 SO 100 200 30'
MCKIM&CREED GOVERNORS VILLAGE PROJECT NO. - 0276,0063
ENGINEERS. SURVEYORS, AND PLANNERS WETLAND SURVEY MAP C
DRAWN HECK BY _ JJ
CHECK BY - JJJ
1035 MT. CARMEL CHURCH RD. F.B. - W458-21
CHAPEL HILL, N.C. 27514 Y LLIAMS TWP. CHATHAM COUNTY, NC oWO - WETUAO
TEL: <919> 933-9540 DATE: SEPTEMBER 5, 1996 SCALE: 1" = 200'
d
NETLANDS
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n PROPOSED PONDS I I/
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C - J COMMUNITY
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MMUNITY
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COMMUNITY
PARK
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t~ / Dl? I I WETLANDS
O y 1r t a, I (0.023 ACRES)
0.682 ACRES
? ??? `j; I SOUTH GOVERNORS POND
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0.682 ACRES
SOUTH GOVERNORS POND
RESIDENTIAL LOTS
0.043 ACRES
GOVERNORS PARK
RESIDENTIAL LOTS
0.048 ACRES
/
i
TOTAL WETLANDS AREA = 1.553 ACRES
TOTAL TRACT AREA = 6q.605 ACRES
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: 200520149 County: Chatham
NOTIFICATION OF UNAUTHORIZED ACTIVITY / PERMIT NONCOMPLIANCE
Responsible
Party Governors Club Development Corp.
Attn: Dane Vincent
Address Post Office Box X
Hot Springs, VA 24445
Telephone Number
Authorized
Agent Mr. Sean Clark
Soil & Environmental Consultants, Inc.
Address 11010 Raven Ridge Road
Raleigh, NC 27614
Telephone Number 919-876-8441
Size and Location of Property (waterbody, Highway name/number, town, etc.): The property is
located adjacent to the Governors Village Town home site, east of Mt. Carmel Church Road, north of Old
Farrington Road, southeast of Chapel Hill, Chatham County, North Carolina. The site contains wetlands
and unnamed tributaries to Cub Creek, in the Cape Fear River Basin.
Description of Unauthorized Activity / Permit Noncompliance: Construction of a road across a stream
and wetland system, without permit authorization. A permit had previously been authorized for impacts
in the same area (AID 199503160), however the permit had expired prior to construction of the road way,
and the plans have been modified from the originally proposed plans. Construction of the road has
resulted in the loss of an undetermined length of stream channel. Previous impacts associated with the
subdivision currently exceed 0.5 acres, which is the limit for nationwide permit authorization. Additional
impacts, including the unauthorized road construction will require individual permit authorization.
Indicate Which of the Following Apply:
X Unauthorized Activity River and Harbor Act, Section 10 (33 USC 403)
Noncompliance with Permit X Clean Water Act, Section 301 (33 USC 1311)
Unless you tave a Department of the Army Permit for the above-described activity, it is a violation of federal law
as specified above. You have agreed to do no further work in waters or wetlands without the required Department
of the Army Permit. Any further unauthorized work in waters or wetlands will be considered an intentional
violation of federal law. If you do no further work in waters and wetlands, and perform the remedial action
requested below, the Corps of Engineers will take no further action in this matter. If you continue to
work in waters and wetlands without the required authorization, and/or fail to perform the requested
remedial action, the Corps will take further administrative action, and.may request the U.S. Attorney to
file suit against you. If you need further information about the Corps of Engineers regulatory program,
please contact Todd Tugwell at telephone number (919) 876 - 8441 extension 26
?. s
Action ID: 200520149 County: Chatham
Remedial Action Requested: As indicated during the site meeting of December 20, 2004 with Mr. Joe
Faulkner of CE Group, Inc. and Mr. Sean Clark with Soil & Environmental Consultants, Inc., submittal of
an after-the-fact individual permit application (enclosed) is required. In addition to applying for existing
impacts associated with the road crossing, the application should include all additional fills within waters
of the U.S. required for completion of the proposed project. Existing streams and wetlands within the
project area must be delineated and surveyed to accurately determine the proposed impact. A plan to
mitigate for all unavoidable impacts must also be included with your permit application. Alternatively,
should you choose not to apply for after-the-fact permit authorization, you must submit a plan to restore
all impacted wetlands and stream channels on the project site. Your application or restoration plan should
be submitted to the Raleigh Field Office no later than February 4, 2005. Please contact me if additional
time is require for preparation of the application materials.
Your signature acknowledges receipt of this notification. Return a signed copy of this notification to
the Raleigh Regulatory Field Office in the enclosed pre-addressed envelope.
Property Owner / Responsible Party
Regulatory Project Manager Sign
Date December 27. 2004
WETLAND DELINEATION FORM MUST BE ATTACHED TO THE FILE COPY OF THIS FORM.
Enclosure
Copy Furnished (without enclosure):
Mr. Joe Faulkner
CE Group, Inc.
1051 Pemberton Hill Road
Suite 201
Apex, NC 27502
04/29/05 FRI 13:41 FAX
COUNTY OF CHATHAM
PLANNING DEPARTMENT
POST OFFICE BOX 54
PTTTSBORO, N. C. 27312-0054
ORGANIZED 1770 707 SOLJARP MALES
April 29, 2005
Governors Village Commercial LLC
Attn: Dane Vincent
PO Box X
Hot Springs, VA, 24445
RE: Governors Village Pond
Dear Mr. Vincent:
2001
PnONE: 919-542-8204
FAX: 919-542.0527
tntell: keith.nlegginsonLpemail.nCI
Recently the County Board of Commissioners approved the Planned Unit Development
Modification for Governors Village Commercial LLC. The approval provides for the
expansion of the PUD to include 18.95 additional acres east of the existing Governors
Village Pond. You will be developing this area as 49 single family home sites. The area
west of the existing pond was previously approved for development as office buildings
and associated parking. This recent PUD modification approval allows for the
development of 76 town homes in place of the office development.
The existing Village Pond was previously approved by the County to meet the County
Water Supply Watershed stornlwater requirements for Governors Village. Prior to
submission of preliminary and final plat for the proposed town homes and new single
family area, you will be required to show that the existing pond can accommodate any
change in impervious area or make modifications to the pond in order to comply with our
order,< ::,d.
Please feel free to contact me should you have any questions.
Since
ely,
r
Keith Megginson, Planning Director
Post-ie Fax Note 7671 oath, y_o ? Pages 1. g"
To FPOm
Co./Dept. ^ C
L Co. f / ,S
C
Phone ft ? _ F.2 o
..... .57(/
Fax 11 O /J / Fax # ?? - l7 S
GOVERNORS VILLAGE
MITIGATION PLAN
The applicant does not believe that on site mitigation is practicable beyond avoidance to
any additional wetlands, streams and buffers. As such, the applicant proposes to make a
payment into the Wetlands Restoration Fund administered by the North Carolina
Ecosystem Enhancement Program (NCEEP). The applicant has not yet formally
requested the acceptance for this payment from NCEEP. This request will be submitted
as soon as the agencies have verified that the impacts listed within this application are
correct, have provided guidance on the feasibility of these impacts being approved, have
agreed upon the appropriate mitigation ratios, the applicant is both willing and able to
make such payment, and NCEEP accepts the requested payment. If in the case that the
applicant is neither willing nor able to make this payment once determined by the
agencies or NCEEP is not willing to accept the payment, then the applicant will propose
an alternative mitigation plan.
At this time the applicant proposes to mitigate through payment into the Wetlands
Restoration Fund for all permanent wetland impacts (4.365 acres). At this time the
applicant is proposing a 1:1 mitigation ratio for these impacts. No mitigation for impacts
to open waters and other waters is proposed.
The previously approved delineation did not indicate a stream within the location of the
road crossing depicted on Impact Map #2 and no stream mitigation was required at that
time. We understand that 1" order, headwater streams were not always depicted on
delineation maps in 1996 because the agencies did not account for impacts in stream
length. However, given that the impacts have already occurred and that we have no
documentation of a stream existing within this drainage prior to the impacts occurring it
is not clear if a stream ever existed within this location let along the type or quality of
stream if one did exist. Also, the DWQ does not require stream mitigation for permanent
stream impacts less than 150 feet. Other than the avoidance of additional permanent
impacts to streams (including those within areas previously approved for impacts), the
applicant does not propose any additional mitigation for the 148 feet of permanent,
perennial stream impacts. If this is not acceptable to the USAGE, then the applicant
proposes payment into the Wetlands Restoration Fund (as described above) for any
required stream mitigation. Based on the quality (see Stream Forms) of the stream reach
upstream from the crossing the applicant does not believe that a mitigation ratio greater
than 1:1 should be required if the USACE requires mitigation.
Amount of stream mitigation requested (linear feet): 148 (if required)
Amount of buffer mitigation requested (square feet): 0
Amount of Riparian wetland mitigation requested (acres): 0.365
Amount of Non-riparian wetland mitigation requested (acres): 0
GOVERNORS VILLAGE
PUBLIC INTEREST ISSUES
In a document provided by the U.S. Corps of Engineers titled "Wetlands & Corps
Wetland Regulations" and dated August 13, 2001, the Corps of Engineers lists 21
specific factors that will be reviewed related to Public Interest. These factors are similar
to the "Evaluation Factors" listed on Page 8 of the U.S. Army Corps of Engineers,
Regulatory Program, Application Information document dated May 1985. These items
are as follows:
Conservation Safety Economics
Water Quality Aesthetics Fish & Wildlife Values
Wetlands Historic Properties Shore Erosion and Accretion
Flood Hazard Water Supply Food & Fiber Production
Floodplain Value Navigation Environmental Concerns
Land Use Energy Needs Property Ownership
Recreation Mineral Needs Needs and Welfare of the People
Responses to each of the 21 Public Interest Issues are presented below
Conservation:
No additional impacts are proposed to the remaining wetlands, streams and riparian
buffers on the site beyond those that have already occurred or those proposed within this
new application.
Water Quality:
What is commonly referred is as "Village Pond" located in Governors Village is actually
a large stormwater management pond required by Chatham County to meet the County
Water Supply Watershed stormwater requirements to control stormwater runoff from
Governors Village (see the April 29, 2005 letter from Keith Megginson, Chatham County
Plaiming Director attached to the Prior Project History section of this application). As
such, the applicant believes that this pond will be sufficient to meet the DWQ Water
Quality Certification requirements (15A NCAC 02H.0506(b)(5)) for the protection of
downstream water quality standards through the use of onsite stormwater control
measures.
The construction will meet all of the local, State and Federal design requirements with
regards to protection of water quality. The surface waters on site are classified by the
DWQ as "WS-IV, NSW". The development will comply with all DWQ water quality
standards for class "WS-IV, NSW" waters.
Wetlands:
No additional impacts are proposed to the remaining wetlands on the site beyond those
that have already occurred or those proposed within this new application. Wetland
functions will therefore be retained within these areas.
GOVERNORS VILLAGE
PUBLIC INTEREST ISSUES
The applicant proposes to avoid additional impacts to wetland areas that were previously
approved for impacts in 1996 as described within this application and the Wetland Impact
Maps. Also, additional wetlands and waters beyond those previously determined to be
jurisdictional in 1996 exist on the site today. These areas will be avoided as depicted on
the Wetland Impact Maps.
Flood Hazard:
The project site is located outside of the 104-year floodplain and only has approximately
an 80-acre watershed above the stormwater pond therefore flooding is not of concern.
The culverts below the proposed road / driveway crossings have been reviewed and
approved by the local municipality to ensure the proper passage of any high water events.
Floodplain Value:
The site is located outside the 100-year floodplain, therefore there are no impacts to any
existing FEMA designated floodplain areas. No significant flood plains exist along the
headwater stream systems located on the project site.
Land Use:
The proposed development is currently being or has already been developed as a mixed-
use commercial and residential community. The surrounding properties are primarily
residential with some commercial and vacant woodland.
Recreation:
No existing public or private recreational facilities will be negatively affected by the
development and operation of the facility. Governors Village property owners will be
able to enjoy the recreational activities within the community, including but not limited
the walking trails around the "Village Pond".
Safety:
All entrances to the development along state roads have already or will meet the
standards of the North Carolina Department of Transportation (NCDOT). In addition to
the NCDOT constraints imposed for the sake of safety, there are also constraints on the
construction process by state law and the Occupational Safety and Health Administration.
Aesthetics:
The applicant does not believe that Governors Village will negatively the affect aesthetics
of the surrounding properties and many people may feel that this well landscaped
community including the large "Village Pond" enhances the aesthetics of the area.
GOVERNORS VILLAGE
PUBLIC INTEREST ISSUES
Historic Properties:
The State Historic Preservation Office, North Carolina Listings in the National Register
of Historic Places by County document provided on their web site (see
http:/; NvNvNv.hpo.dcr.state.nc.usirirlist.htm) does not list any historic places within the
property boundaries. The State Historic Preservation Office has been contacted and a
copy of their February 22, 2005 response letter is attached. In it they state that they are
aware of no historic resources that would be affected by the project.
Water Supply:
The site is located within the Jordan Lake water supply watershed. Chatham County has
reviewed the development under their water supply ordinances. The development will
comply with all local water supply ordinances as required and approved by the DWQ.
The development will comply with all surface water standards for "WS-IV NSW" waters.
"Village Pond" was required by the County to control stormwater runoff from the
Governors Village as described in the April 29, 2005 letter from Keith Nlegginson,
Chatham County Planning Director attached to the Prior Project History section of this
application. The applicant does not believe that development of the site and the resulting
water needs will adversely affect any existing off-site water supplies.
Navigation:
The wetlands and waters proposed to receive fill materials are not located in navigable
waters. No impacts to navigation are anticipated as a result of site development.
Energy Needs:
Electrical energy for the development will be supplied by the local network as operated
by Progress Energy. The development will not generate any of its own power and will
not have energy needs in excess of normal residential development.
Mineral Needs:
Neither supply nor demand for mineral resources will be negatively affected by the
development of this site.
Economics:
The applicant does not believe that the development will have a negative affect on the
economy of the surrounding community. In fact, the new residences and businesses will
provide new property taxes and spark retail and service related businesses within the
nearby communities.
GOVERNORS VILLAGE
PUBLIC INTEREST ISSUES
Fish & Wildlife Values:
The following species have been federally listed as Threatened or Endangered for
Chatham County:
Bald Eagle Haheetus leucocephalus Threatened
Red-cockaded woodpecker Picoides borealis Endangered
Cape Fear Shiner Notropis mekistocholas Endangered
Harperella Phlimnium nodosum Endangered
Of these, the Bald Eagle is the only federally listed Threatened or Endangered species
listed on the Farrington, NC USGS topographic quadrangle.
Utilizing the N.C. Natural Heritage Program (NHP) database of all recorded protected
species occurrences, S&EC found that there are no federally listed species occurring
onsite. However, within a three-mile radius of the site, five occurrences of the Bald
Eagle (Haliaeetus leucocephalus), as recently as 2003 have been recorded. These
occurrences are shown on the attached map. It is not expected that activities at the
subject property will have a detrimental effect on the Bald Eagle population.
No direct or secondary adverse impacts to federally listed species are expected from the
construction of the proposed subdivision.
Village Pond located on the property and retained stream, wetland and riparian corridors
are anticipated to provide habitat and wildlife corridors both within and through the
community.
Shore Erosion & accretion:
This public interest issue is not applicable to this application as the development will not
affect shore erosion or accretion.
Food & Fiber Production:
The development will produce neither food nor fiber as part of the facility operations.
Environmental Concerns:
1'V oise
No adverse impacts to noise levels in the area are anticipated from the development of
this site.
GOVERNORS VILLAGE
PUBLIC INTEREST ISSUES
Prevention ofContainination
All construction activities and resulting infrastructure will be in compliance with
applicable environmental laws. No facilities are planned that have a significant risk for
production or release of environmental contaminants.
Erosion and,' "ediTnentation
Construction at the site will be performed under an approved Erosion and Sedimentation
Control Plan to minimize sedimentation and erosion in the construction areas.
StoiYn«vater during construction will be managed using sedimentation basins and other
control devises that will reduce the sediment load in runoff and will attenuate peak flow
rates to prevent downstream erosion.
Air Quality
No adverse impacts to local air quality are anticipated as a result of this development.
Property Ownership:
The applicant currently owns the portions of the development where impacts to waters
are proposed. Many of the properties within the remainder of the development have been
sold and currently have multiple different property owners. Adjacent property owners to
Governors Village are listed in Block 24.
Needs and Welfare of the People:
The applicant believes that the completion of this development will go towards meeting
the increasing needs of housing and services for the future residents of this community
and Chatham County and will in turn enhance the welfare of the people of this
community and it's future residents.
?
% &
FEB 2 4 2005 JU
North Carolina Department of Cultural Resources
State Historic Preservation Office
Peter B. Sandbeck, Administrator
Michael F. Easley, Governor Office of Archives and History
Lisbeth C.-Evans, Secretary Division of Historical Resources
Jeffrey J. Crow, Deputy Secretary David Brook, Director
February 22, 2005
Jessica Regan
Soil & Environmental Consultants, PA.
1101O,Raven Ridge Road
Raleigh, NC 27614
Re: Governor's Village, S&EC Project No. 8951.W2, Chatham County, ER 05-0219
Dear Ms. Regan:
Thank you for your letter of February 2, 2005, concerning the above project.
We have conducted a review of the proposed undertaking and are aware of no historic resources which would
be affected by the project. Therefore, we have no comment on the undertaking as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR
Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. In all future
communication concerning this project, please cite the above referenced tracking number.
Sincerely,
eter B. Sandbeck
Location Mailing Address Telephone/Fax
ADMINISTRATION 507 N. Blount Street, Raleigh NC 4617 Mail Service Center, Raleigh NC 27699-4617 (919)733-4763/733-8653
RESTORATION 515 N. Blount Street, Raleigh NC 4617 Mail Service Center, Raleigh NC 27699-4617 (919)733-6547/715-4801
SURVEY & PLANNING 515 N. Blount Street, Raleigh, NC 4617 Mail Service Center, Raleigh NC 27699-4617 (919)733-6545/715-4801
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8951.W2 1
:4000 Farrington Quad
Project Date:
Mgr.: SC 01.20.05
Governor's Village
Chatham County, NC
Soil & Environmental Consultants, PA
11010 Raven Ridge Rd. - Raleigh, NC 27614
(919) 846-5900.(919) 846-9467
Web Page: www.SandEC.com