Loading...
HomeMy WebLinkAbout19960362 Ver 1_COMPLETE FILE_19960417State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director A IF IT?IW 40& C) F== F11 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 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 Environmental Management under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office Raleigh DEM Regional Office Mr. John Dorney Central Files Sincerely, P-ton , IrP.E. 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 MEMORANDUM (" ( PRINT NAMES: / Reviewer • ? C-A ?-- I'0: JOHN DORNEY WQ SUPV.: ENVIRONMENTAL SCIENCES BRANCH DATE: Z SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS ***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) s, PERMIT YR: 96 PERMIT NO: 0000362 COUNTY: CHATHAM APPLICANT NAME: POLK & DOSSETT TRACTS PROJECT TYPE: RESIDENTIAL & COMM. PERMIT TYPE: 121426 COE #: DOT #: RCD_FROM _CDA: APP DATE_FRM_CDA: 04/17/96 REG OFFICE: RRO RIVER AND SUB BASIN J: 030606 STR INDEX N0: 16-41-2-10-(0.5) STREAM CLASS: WS-IV WL_IMPACT? : ON WL TYPE :&111 - ` '?? WL REQUESTED: ', 5A WL ACR EST?: /N WL_SCORE M :'?,S WATER IMPACTED BY FILL?: Y/6 MITIGATION? Y,? MITIGATION-TYPE: ',;( MITIGATION-SIZE: DID YOU REQUEST MORE INFO?: Y)0 IS WETLAND RATING SHEET ATTACHED?:?/N HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUS 1) D WITH APPLICANT?: ON RECOMMENDATION (Circle One): I SU ISSUE/COND DENY COMMENTS : de v F t? C) Q 11A Le. i d c, td 6 dd 01- u ` v/Icsf io -5 H f -,,jo er 7(j,V ?,k,?Ajp,\)pr-, CAJ.?d 4, qj C/'U F?'6 'd4 t? I ord, c 61 i Ora ?. ? C/ 5 C Do a4 0o Im d of ? t -TP Q1 d'?, /VIA. / 12P A 0 < a SSCVY G 4 b o? ?\ o ? 4 We "! /-Qd S . ?,,Wok, (p CC: Regional Office 5 Central Files i i:t IauiI JYJlC11I 1.0.11_iVl UC aP17)I IC'1 L. 00.11 VI L110.11vJ11 111 r, J11`J VL Ju ?u11L ++++ a - ' Water storaay ? 6o x 4 4..00 = ' Wetland S cre canVSnoreline stabiIizaLon x x.00 Pollutant removal -zo ? 5.00 Wildlife 2.00 / Aqua-ic h e value x 4.00 = -^ ' .f...-! eCreaUon?E:C .c ?.Cn y 1.00 = > A ?C I zcint ii in Sensiti v e '-yatersnec and > I C-- ncnC0lr?t disturbanc -,in I /R mile uascrearn e 'Mz , upsioGe, cr r aCIUS 960362 Soil & Environmental Consultants, Inc. 244 West Millbrook Road ¦ ?4' g larth Carolina 27609 0 (919) 846-5900 0 Fax (919) 846-9467 ir? APR 1 April 10, 1996 NCDEH&NR-DEM Attn: Mr. John Domey 4401 Reedy Creek Road Raleigh, NC 27607 US Army Corps of Engineers Attn: Ms. Jean Manuele 6512 Falls of the Neuse Rd, Suite 105 Raleigh, NC 27615-6846 Dear Ms. Manuele and Mr. Dorney: The purpose of this letter and application package is to request Nationwide Permits 12, 14 and 26 and a Section 401 Water Quality Certification for the initial phase of the project known as The Polk and Dossett Tracts. This project, owned by Governors Club Development, is located near Chapel Hill, NC (Chatham County). The initial site is shown on the attached plans and USGS Topo Quad vicinity map. A Nationwide Permit 26 will be necessary to impact 0.45 acres (see map) of jurisdictional wetlands above headwaters for the construction of a commercial and residential development. An additional 0.05 acres of impacts for a road crossing is requested under Nationwide Permit 14. All impact areas for the initial phase are shown on the attached site development plan. The ultimate design for the two storm water ponds, as shown on the attached plans, is for the hundred year storm event. These ponds are further designed to detain the first 0.5 inches of run-off from impervious surfaces and to reduce the velocity of the storm flow. In light of the eventual development of the tract; these design elements will likely create functional wetland values in the ponds that are greater than the existing on-site functional wetland values. Increased functional values are considered to be: a) storm water storage and retention and the moderation of extreme water level fluctuations, b) storage of sediment, toxic substances, or other pollutants, c) protection of stream banks off-site, and d) habitat for wetland and aquatic dependent organisms. Selectively-cut headwater forest type wetlands will be impacted by the proposed activity. In-fact, jurisdictional areas were likely widened by the timbering activity. See the attached Topo Quad for the orientation of the property and the location of the wetlands within the drainage ways. Note that 0.89 acres of wetlands on-site are "isolated pockets" that are not connected to other wetlands. That is no hydrologic connection to other wetlands' exists within 12 inches of the surface. Soil/Site Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Environmental Audits On-Site Waste Treatment Systems, Evaluation and Design Additional wetland impacts will be requested for this project. However, at the time of this application the initial phase was all that had been designed. Please note that all individuals listed below have been furnished with a complete copy of the permit application. Please call if you have questions or if you intend to perform a site visit. Sincerely, a topheor uBiologist cc: (with enclosures) US Fish and Wildlife Service NC Division of Cultural Resources National Marine Fisheries Service McKim and Creed, Inc., Attn: Mark Ashness Governors Club Development, Attn: William J. Brinn 966362 DEM ID: ACTION ID: 199503160 Nationwide Permit Requested (Provide Nationwide Permit #): 12, 14 AND 26 JOINT FORM FOR Nationwide permits that require notification to the Corps of Engineers Nationwide permits that require application for Section 401 certification WILMINGTON DISTRICT ENGINEER CORPS OF ENGINEERS DEPARTMENT OF THE ARMY P.O. Box 1890 Wilmington, NC 28402-1890 ATTN: CESAW-CO-E Telephone (919) 251-4511 WATER QUALITY PLANNING DIVISION OF ENVIRONMENTAL MANAGEMENT NC DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES 4401 Reedy Creek Road Raleigh, NC 27607 ATTN: MR. JOHN DORNEY Telephone (919) 733-1786 ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT. PLEASE PRINT. 1. Owners Name: GOVERNORS CLUB DEVELOPMENT ATTN: MR. WILLIAM J. BRINN 2. Owners Address: 10100 GOVERNORS DRIVE, CHAPEL HILL, NC 27514 3. Owners Phone Number (Home): (Work): (919) 968-8500 4. If Applicable: Agent's name or responsible corporate official, address, phone Number: SOIL AND ENVIRONMENTAL CONSULTANTS Ph: 919/846-5900 244 W. MILLBROOK ROAD RALEIGH, NC 27609 5. Location of work (MUST ATTACH MAP). County: CHATHAM COUNTY, NC Nearest Town or City: CHAPEL HILL, NC Specific Location (Include road numbers, landmarks, etc.): WEST OF NCSR 1727, AND EAST OF NCSR 1008, APPROX. 5 MI. SOUTH OF CHAPEL HILL. AS PER ATTACHED FARRINGTON, NC, USGS TOPO QUAD. 6. Name of Closest Stream/River: UNNAMED TRIBUTARIES OF CUB CREEK 7. River Basin: CAPE FEAR RIVER 8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WSI, or WS II? YES( ) NO(X) 9. Have any Section 404 permits been previously requested for use on this property? YES ( ) NO ( X ) If yes, explain. 10. Estimated total number of acres of waters of the U.S. including wetlands, located on project site: PLUS 5.0 ACRES FOR ALL PARCELS WITHIN ENTIRE PROJECT. 1 1. Number of acres of waters of the U.S. including wetlands, impacted by the proposed project: PERMIT 12 14 26 FILL: 0.00 ACRES 0.05 ACRES SEE BELOW FLOOD / FILL: 0.00 ACRES 0.00 ACRES 0.45 ACRES EXCAVATE: 0.01 ACRES 0.00 ACRES 0.00 ACRES 12. Description of proposed work (Attach PLANS-8 112' X 11' drawings only): IMPACTS FOR PROPOSED RESIDENTIAL DEVELOPMENT; INCLUDING IMPACTS FOR: STORMWATER PONDS, UTILITIES, AND ROADWAYS. FIRST PHASE OF PROJECT 13. Purpose of proposed work: INFRASTRUCTURE FOR PROPOSED RESIDENTIAL AND COMMERCIAL DEVELOPMENT INCLUDING IMPACTS FOR PROPOSED STORMWATER RETENTION FACILITY. 14. State reasons why the applicant believes that this activity must be carried out in. wetlands. Also, note measures taken to minimize wetland impacts. WETLANDS CROSSED PERPENDICULAR TO FLOW TO ACCESS HIGHGROUND AND STORMWATER PONDS WILL OFF-SET INCREASED VELOCITY OF STORMWATER RUN-OFF TO OFF-SITE WETLANDS. 15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service (NMFS) regarding the presence or any Federally listed or proposed for listing endangered or threatened species or critical habitat in the permit area that may be affected by the proposed project. Have you done so? YES ( X ) NO ( ) RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS. 16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic properties in the permit area which may be affected by the proposed project? Have you done so? YES ( X ) NO ( ) RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS. 17. Additional information required by DEM: A. Wetland delineation map showing all wetlands, streams, and lakes on the property. B. If available, representative photograph of wetlands to be impacted by project. C. If delineation was performed by a consultant, include all data sheets relevant to the placement of delineation line. D. If a stormwater management plan is required for this project, attach copy. E. What is land use of surrounding property? AGRICULTURAL AND RESIDENTIAL F. If applicable, what is proposed method of sewage disposal? SANITARY SEWER is Signature Date TO BE COMPLETED BY CURRENT PROPERTY OWNER --NO EXCEPTIONS- Name: C ors Club Deyelopmeut Address: 10100 Governors Drive Address- Chapel M l. NC Phone- 1919 968_-8500 Project Name/ Deription Polk Tracts 1.2 and 3 Date: 5/15/95 The Department of the Army IIS_ Army Coups ofEngmeers Wilmington District PO Box 1890 Wilmington, NC 28402 Aita Jean Manuele Field Office: Raleigh NC Re: Wetlands Related Consulting and Pitting To Whom ItMay Concern I, the c u rcpt RmR= owner, hereby designat and authorize Soil and Fttvirontn to Couswtants, Inc. to act in my beliaif as my agent in the Fr ig Pert applications, to furnish upon request supplemental information in support of applications, etc. from this dap forwafcL This the 15th dap of May, 1995_ This notification supersedes any previous omiespondence concerning the agent for this project appqa Owners Name_ PM=tv owners Si . cc-. Mr John.Domey N_ C_ Departu?cnt of EH & NR Division of Env. Mgt Water-.Quality Planning 4401 Reedy Creek Road Raleigh, NC 27607 Mr. Sevin C_ Martin Sort and Envira?uucuW Consultant, Inc_ 41p776 GOVaiwMSt 65oh? JMQ n U.S. ARMY CORPS OF ENGINEERS Wilmington District Action ID: County: Notification of Jurisdictional Determination r- rc•,c Property owner/Authorized Agent Gn\L Address C tC, e- ?cE'C' kPC, ?c ?Oyon ?L aVe ccv?? Telephone Number Size and Location of Property(waterbody, Highway name/number, town, etc.) 1 s S cj n `Ch ` ON, D.r Indicate Which of the following apply: O • 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 ,r years from the date of this notification. RNA 4Q • There are no wetlands present ion the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed three years from the date of this notification. • The project is located in one of the 20 Coastal Counties. You should contact the nearest State Office of Coastal Management to determine their requirements. Property owner/Authorized Agent Signature Project Manager Signature Expiration Date SUR PLAT OR FIELD SBE ATTACHED TO TIME YELLOW (FILE) COPY OF THIS FO DELINEATION FORM MUST (:(SAW form N6 10(l 92 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 ._ _ r- % r,k U1r - SITE VICINITY MAP APPROXIMATE BOUNDS OF THE POLK PARCEL FROM: FARRINGTON, N.C., U.S.G.S. TOPO. QUAD SCALE: 1:24 000 LAT: 35° 51' 40" LON: 79° 01'55" N1 \/l ?_A V, v? rt` Delineation Performed by: Soil and Environmental Consultants, Inc. 244 W. Millbrook Road Raleigh, NC 27609 Ph: 919/846-5900 DATA FORM ROUTINE WETLAND DETERMINATION , (1987 COE Wetlands Delineation Manual) Project/Site: Date: s-?-c1S Applicant/Owner. County c?(?1 Investigator. State:- 1C /1;=1h Do Normal Circumstances exist on the site? No CommunityID: Is the site significantly disturbed (Atypical Situation)? Yes Transect ID: is the area a potential Problem Area? Y Plot ID: (If needed, explain on reverse.) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator ? 2? ?G?• i 1 Sty ?? 1 . ?W ?-_ 4. ?. a 5. 13. 6. ' 14. 7 U 15. 8 N ntT Sit 16. Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-). Remarks: HYDROLOGY NP( Recorded Data (Describe in Remarks): Stream, Lake, or Tide Gauge Aerial Photographs Other No Recorded Data Available Field Observations: Depth to Surface Water: (in.) Depth to Free Water in Pit (in.) Depth to Saturated Soil (in.) Wetland Hydrology Indicators: Primary Indicators: Inundated Saturated in Upper 12 inches Water Marks Drift Lines Sediment Deposits Drainage Patterns in Wetlands Secon ary indicators (2 or more required): Oxidized Root Channels in upper 12 inches Water-Stained Leaves ,Local Soil Survey Data FAC-Neutral Test Other (Explain in Remarks) Remarks: SOILS Map Unit Name (Series and Phase): -y 1^nC Drainage Class: wvr-?- Field Observations Taxonomy(Subgroup):,G )?L V-CJ- ?.11C 1 f?1 Confirm Mapped Type? Yes No Profile Description Depth Matrix Color L?Lio Horizon Manselloist (Munsell Moist) Abundance/Contrast Hydric Soil Indicators: ?v ? Histosol Concretions Histic Epipedon High Organic Content in Surface Layer in Sandy Soil Sulfidic Odor Organic Streaking in Sandy Soils Aquic Moisture Regime Listed on Local Hydric Soils List Reducing Conditions Listed on National Hydric Soils List Gleyed or Low-Chroma Colors Other (Explain in Remarks) Remarks: Wetland Determination Hydrophytic Vegetation Present? Yes No (Circle) Is this Sampling Point Within a Wetland? Wetland Hydrology Present? Yes No (Circle Hydric Soils Present? Yes No Yes o Remarks: Mottle Colors Mottle Texture, Concretions, r Wez? 5 x`g Delineation Performed by: Soil and Environmental Consultants, Inc. 244 W. Millbrook Road Raleigh, NC 27609 Ph: 919/846-5900 DATA FORM ROUTINE WETLAND DETERNIINATION (1987 COE Wetlands Delineation Manual) Project/Site: ?o?k 7VG_C.V # Date: -:H Applicant/Owner: County: Investigator. State: lV y (Atypical Situation)? Y Transect ID: Is the area a potential Problem Area? Y Plot ID: (If needed, explain on reverse.) Do Normal Circumstances exist on the site? 6 No Community ID: Is the site significantl disturbed VEGETATION Dominant Plant Species Stratum Indicator 'TA A - A. 4B 2 3. It 4. 5? S N 5 6 VIM 7. 8. 4e, Dominant Plant Species Stratum Indicator 10. 11. 12 13. 14. 15. Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-). h= TVA. v vt?v? s- s?P??c?C7 HYDROLOGY Recorded Data (Describe in Remarks): Stream, Lake, or Tide Gauge Aerial Photographs Other No Recorded Data Available Field Observations: pp,,' ? Depth 6Surface Water. 6AA (in.) Wetland Hydrology Indicators: SC V\A d Primary?dicatoxs: ?K<C V? Inundated -TSaturated in Upper 12 inches -Water Marks Drift Lines -Sediment Deposits 1/_Dramage Patberns in Wetlands Secondary indicators (2 or more required): ?/ Oxidized Root Channels in Depth to Free Water in Pit- b? S(in.) Depth to Saturated SoiL• W ' J k6 (in.) upper 12 inches Water-Stained Leaves Local Soil Survey Data FAC-Neutral Test Other (Explain in Remarks) Remarks: SOILS Map Unit Name (Series and Phase): l? E XlC?.S ak?L Drainage Class: ???C, - --? ?Field Observations Taxonomy(Subgroup): }- \ )k3- ,Kyk!?? \-Acyp onfirm Mapped Type Ye o Profile Description Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (ins.) Horizon Munsell Moist Munsell Moist Abundance /Contrast Structure etc. 10 y E ?C G v? ( v 1 to (06JA, Hydric Soil Indicators: Histosol Concretions Histic Epipedon High Organic Content in Surface Layer in Sandy Soil -Sulfidic Odor Organic Streaking in Sandy Soils uic Moisture Regime -1LisLd on Local Hydric Soils List educing Conditions "Listed on National Hydric Soils List Gleyed or Low-Chroma Colors Other (Explain in Remarks) Remarks: Wetland Determination Hydrophytic Vegetation Present? No (Circle) Is this Sampling Point Within a Wetland? Wetland Hydrology Present? No cle) Hydric Soils Present? No a No Remarks: ? C i Moog, 0 o) ?.. ? I? xV C v 3 3 ? ? .?? a 9 09 ?I i r 1 i /Z \ ? ? ?111.1? lli ? ° 111 ?l 0 f? Z ? W O O W cvz z c Q oz x Ww W T f J ,r J co CC', V, v w ?p'V j. F- W --------------- Wit l 11 ll ` ? "llll l?? ll z I? C N w tY N Uw Qw v u Q 0 N V V II O U- Q 1 3 (n w„ Q C) 0 Q 4w z Q LJ o Q W J z¢ < z u o w W- w Z W 3 Q QQ Z U Qp O O ? z :z z O D oLU w -T LLI ?a z QJ 1i < cy Q zo - O v T N w Q (V N N w w v u Q ? o O z O (L C) w N O O a. N (s)w C Q z< w? 3-- a a !I n FIGURE I DATE: 04 APRIL G6 DESIGN Br: f1.P.A. POLK PARCEL W DRAWN BY r7J.E.y MODIFIED P l_ r1 N 300' 150' 0 300' 600' SCALE I" = 300' ll V ' V .L? J o ? ? r w '80 L Z Q I- Z 0 ?w u U Z Q Q W Z LLj T CL/ Z WU o< p/ ? L L1 CC) W? \? 111 ? ?? ? l 11 ? l r V ill R 1 I I I l ? \ ? 1 11/ i tf' III r/? ? l l i?"TrC-rte GI ? ???111.1<<i111? '? N ?,7 1 ??? l 1 1 i? _n Z G ?y i l ?-? I 1I r'?