19930857 Ver 1_COMPLETE FILE_19931007

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS D?
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890 NOV - 3
IN REPLY REFER TO October 28, 1993 r=
WULANDS GRDILP
_. ?? WATER?Ut+LIT? SEA
Regulatory Branch
Action ID. 199304756 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
Bill Clark Construction Company
P.O. Box 31028
Raleigh, North Carolina 27622-1028
Dear Mr. Clark:
Reference your applications of August 30 and October 4, 1993,
respectively, submitted on your behalf by Soil And Environmental Consultants,
Inc., for Department of the Army authorization to discharge fill material
within waters of the United States, causing the loss of a total of 0.63 acre
of wetlands adjacent to, and above the headwaters of, Bachelor Branch and
unnamed tributaries, for construction of Fieldstone Phase 1 (0.42 acre
wetlands loss) and Phase 2 (0.21 acre wetland loss) residential subdivision,
on the north side of S.R. 1615 (Green Level Church Road), west of NC 55, west
of Upchurch, Wake County, North Carolina.
For the purposes of the Corps of Engineers' Regulatory Program, Title 33,
Code of Federal Regulations (CFR), Part 330.6, published in the Federal
Register on November 22, 1991, lists nationwide permits. Authorization was
provided, pursuant to Section 404 of the Clean Water Act, for discharges of
dredged or fill material into headwaters and isolated waters.
Your work, causing a total of 0.63 acre wetlands loss, is authorized by
this nationwide permit provided it is accomplished in strict accordance with
the enclosed conditions and provided you receive a Section 401 water quality
certification from the North Carolina Division of Environmental Management.
This nationwide permit does not relieve you of the responsibility to obtain
other required State or local approval.
This verification will be valid for 2 years from the date of this letter
unless the nationwide authorization is modified, reissued, or revoked. Also,
this verification will remain valid for the 2 years if, during that period,
the nationwide permit authorization is reissued without modification or the
activity complies with any subsequent modification of the nationwide permit
authorization. If during the 2 years, the nationwide permit authorization
expires or is suspended or revoked, or is modified, such that the activity
would no longer comply with the terms and conditions of the nationwide permit,
activities which have commenced (i.e., are under construction) or are under
-2-
contract to commence in reliance upon the nationwide permit will remain
authorized provided the activity is completed,within 12 months of the date of
the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify,
suspend, or revoke the authorization.
Please note that this authorization is valid for the work described above
only, and impacts of subsequent projects on these properties would have to be
considered cumulatively with these impacts, regardless of future subdivision
or ownership of the property. Questions or comments may be addressed to
Mr. Eric Alsmeyer, Raleigh Regulatory Field Office, at telephone (919) 876-
8441, extension 23.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copy Furnished (with enclosure):
Mr. Kevin Martin
Soil and Environmental Consultants, Inc.
3818 Bland Road
Raleigh, North Carolina 27609
Copies Furnished (without enclosure):
Mr. Mike Coughlin
Environmental Engineer
Wake County Community
Development Services
Post Office Box 550
Raleigh, North Carolina 27602
Town of Cary
Attn.: Mr. Terry Warren
P.O. Box 1147
Cary, North Carolina 27511
John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
State of North Carolina
' Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary E H N F1
A. Preston Howard, Jr., P.E., Director
October 12, 1993
Mr. Bill Clark
Bill Clark Construction Company
P.O. Box 31028
Raleigh, N.C. 27622-1028
Dear Mr. Clark:
Subject: Proposed fill in Wetlands or Waters
Residential development
Wake County
DEM Project # 93857
Upon review of your request for 401 Water Quality Certification
to place fill material in 0.21 acres of wetlands or waters which are
tributary to Bachelor Branch for residential development located'at
Fieldstone Phase II in Wake County as described in your submittal
dated 6 October 1993, we have determined that the proposed fill can be
covered by General Water.Quality Certification No. 2671. A copy bf
the General Certification is attached. This Certification may be used
in qualifying for coverage under Corps of Engineers' Nationwide Permit
No. 26.
If this Certification is unacceptable to you, you have the right
to an adjudicatory hearing upon written request within thirty (30)
days following receipt of this Certification. This request must-be in
the form of a written petition conforming to Chapter 150B of the North
Carolina General Statutes and filed with the Office of Administrative
Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. Unless such
demands are made, this Certification shall be final and binding.
If you have any questions, please contact John Dorney at 919-733-
1786.
Sincerely,
P eston oward r. P.E.
93857.1tr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DEM Regional Office
Mr. John Dorney
Central Files
KEvin MArtin; Soil and Environmental Consultants
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
•
• Soil & Environmental Consultants, Inc.
OCT - 61993
NRCD - D
Attn: Mr. John Dorney
PO Box 29535
Raleigh, NC 27626
North Carolina 27609 ¦ [phone] ¦ Fax [phone]
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"i
September 22, 1993
US. Army Corps of Engineers
Attn: Mr. Eric Alsmeyer
6512 Falls of the Neuse Rd., Suite 105
Raleigh, NC 27615-6846
Dear Messrs. Alsmeyer and Dorney:
The purpose of this letter is to request a Nationwide Permit 26,
and a Section 401 Water Quality Certification for the project to
be known as Fieldstone Phase II. The project is located near
Cary, NC (Wake County) and is bordered to the east by NC 55, and
to the north by Bachelor Branch as shown on the enclosed plans and
vicinity maps. We previously submitted an application for
Fieldstone Phase I which currently is and has always been under
completely separate ownership. However, since impacts to wetlands
are minimal even if the projects are linked we are not currently
proposing to separate them for wetland permitting purposes.
The Corps approved detailed wetland delineation is shown on the
attached map. These delineations have been approved by Mr. Eric
Alsmeyer of the U.S. Army Corps of Engineers.
Fill in the wetlands will be required to utilize the property for
a residential subdivision including lots, roads, etc. (see
attached map). Most of the wetlands on the tract do not appear to
be high quality; most consist of only channels which seem to be
remnants of old agricultural practices on-site. The plans have
been configured to minimize wetland impacts.
It will be necessary to fill .21 acres (see map) of jurisdictional
wetlands above headwaters for placement of the proposed
facilities utilizing Nationwide 26. .42 acres of wetland impacts
have been applied for previously for Fieldstone Phase I. Total
wetland impacts for Fieldstone Phase I & II are .63 acres, all
under NW 26. We realize we are not required to notify the Corps
for above headwaters impacts less than one acre but are doing so
as a professional courtesy.
It could be argued that Fieldstone Phase I and Phase II, since
they are adjacent, are one and the same project. However, Phase I
and Phase II have separate landowners, and always have, so they
Soil/Site Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Environmental Audits
On-Site Waste Treatment Systems, Eva)-4-ion and Design
are being submitted as separate permit applications, but the
impacts are considered cumulative on the application.
To expedite the permitting process and to make "life easier" on
everyone involved, the following individuals/agencies have been
provided with a complete copy of this entire application package:
N.C. Cultural Resources, Karl Schafer (DEM) and David Franklin
(Wilmington Corps).
Please call if you have questions or require further information.
If you intend to perform a site visit please call and we will
arrange for someone to accompany you.
Sincerely,
I '? r
Kevin C. Martin,
President
cc: David Franklin, US Army Corps, District Engineer
Cultural Resources
Karl Schafer, DEM
DFM ID• ?IM5`7 ACTION ID:_
Nationwide Permit Requested (Provide Nationwide Permit #): 2 C,
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 WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, HEALTH,
P.O. Box 1890 AND NATURAL RESOURCES
Wilmington, NC 28402-1890 P.O. Box 29535
ATM. CESAW-CO-E Raleigh, NC 27626-0535
Telephone [phone] ATTN: MR JOHN DORNEY
Telephone [phone]
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 N a m e : R i l l C l a r k r'' n n c J•• r t i ,n •1. i n n C7 nm i a n
2. Owners Address: PO Box 31028, Raleicth, NC 27622-1028
3. Owners Phone Number (Home): (Work): A l q/4 6 7- A n 8 n
4. N Applicable: Agent's name or responsible corporate official, address, phone number.
Soil and Environmental Consultants
3818 Bland Road
Raleigh, NC 27609 [phone]
5. Location of work (MUST ATTACH MAP). County: w n i
Nearest Town or City: ilt,hu r c h
Specific Location (Include road numbers, landmarks, etc.): T,n a +-_ A (-J- a , „n r. >\rr jV L-t ^ i t h ci.f
6. Name of Closest Stream/River. Bachelor Branch
7. River Basin: Cabe Fear
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS H? YES [ ] NO [x]
9. Have any Section 404 permits been previously requested for use on this property? YES [)q NO [ ]
If yes, explain. -4 acg-nrav? i ou G 1 y a ];D1 i Pri f nr ; n Fi 1 dG .on haG T rind r NW 26,
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: C. 5 a c r e s
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: .21 acres (Nationwide 26)
Drained:
Flooded:
Excavated:
Tntn i Trnnerrs.i- -?I acre q
I'. Description of proposed work (Attach PLANS-81/2" X 11" drawings only):
Fill-of connected and isolated wetlands and ditches.
13. purpose ofproposedwork: Residential development and roadways
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken tominimiwetland impacts. Wetlands must be impacted in order to-utilize
-uplands. See attached letter.
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 orproposed for listing endangered orthreatened species or critical
habitat in the permit area that may be affected by the proposed project Have you done so? YES [ ] NO [x ]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (S)HPO) 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 lake, 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 the
delineation line.
D. If a stormwater management plan is required for this project, attach copy.
E. What is land use of surrounding property? Undeveloped/rural and residential
F. If applicable, what is proposed method of sewage disposal? Municipal sewage
AgEn•s Signature Date
Aff
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S?? 1 ROUTINE ONSITE DETERMINATION METHODt
4ri'tt-
lrw'
&W W
COORDINATOR: TIME: DATE: Z /1_/? COUNTY:
NEAREST TOWN: C, y?r>c _WATERWAY:11 ,..tea
QUAD :lam I -L-u OCATION :-(.W- C.RNI ISC _ e* Isl. r-,
PROPERTY OW14ER:(N •lE/AD RESS) PARTY DOING WORK:
.4cz-r' 1? s ?Q ?? I Kra o?T
IRPv t r,r?4 * Lp ML CA
2r?t? X31 A
? ?y C
sn? U

;ADDRESS
s4r.c
PHONE :.( )4__1160i PHONE (1(±)?_-_CN 7__ - -
OTHER IND VLDUALPRESENT:
IS PROPERTY UNIFORM OR SEPARATE DISCRETE ?./ VEGETATIVE UNITS
---------------------------------------------------
Do normal environmental conditions exist at the plant community?
Yes L,,*' No (N no, explain on back)
Has the vegetation, soils, and/or hydrology been significantly disturbed?
Yes No _% (If yes, explain on back)
VEGETATION: (IN ORDER OF DOMINANCE,
TREES: SPECIES ---% COVER--INDICATOR
2. T,,4c
3.
4.
5.
SAPLINGS/SHRUBS:
2. L_,?4u?nAric..ST`rR,awatvq-?
3.
4.
5.
DRAW LINE ABOVE NON-DOMINANT SPECIES)
GROUND COVER: SPECIES-Y. COVER-INDICATOR
1. L?ci?w4 ?dl?rl?=4. - MAP-
2.
3.
4.
5.
6.
7.
8.
WOODY VINES:
1.
2.
Percent of dominant species that are OBL, FACW, and/or FAC 1120
Is the hydrophytic vegetation criterion met? Yes No
Rationale: } 124", . ?A L.L - 5 .? r= C-
a rz w
SOILS
Seriestphase: - /KN,d.t?l«1d Subgroup:2 `r?EIC._
Is the soil on the hydric soils list? Yes No Undetermined
Is the soil a Histosol? Yes No Histic epipedon present? Yes No
Is the soil: Mottled? YesNo Gleyed? Yes _y No
Matrix Color. o`er Mottle Colors: 'r-
Other hydric soil indicators:
Is the hydric soil criterion met? Yes No
Rationale: C)4&cl..4.d-44
?ui
HYDROLOGY
Is the ground surface inundated? Yes No ? Surface water depth:
Is the soil saturated? Yes ?/ No
Depth to free-standing water in pit/soil probe hole: (may
List other field evidence of surface inundation or soil saturation.
Is the wetland hydrology criterion met? Yes ? No
Rationale: i? v?h.Et )=10- -?>r r2,4?? , w Y K? 1,1 --r op
--
--Sic-ill t'? ?c-?? ]?- T-cT ??? .
JURISDICTIONAL DETERMINATION AND RATIONALE
Is the plant community a wetland? Yes No
Rationale for jurisdictional decision: AA 3 G2 I ?- A Ili 5_7 T
PHOTOS TAKEN: YES NC AUTHORITY: 10 404 10/404 NONE
JURISDICTION: ABOVE HEADWATERS /ISOLATED ADJACENT NWT _//
us???a rvnm
ST?c-?T ROUTINE ONSITE DETERMINATION METHODt S1-t-f?_ 2
COORDINATOR: TIME: --
WATERWAYS DATE: Z ?/? COUNTY: W,?r
NEAREST ' TOWN: c ,,v.3-t R F-t5 or
?SAGI-lt?? I_12.?1
Q[JAD :c ?{ LOCATION :
PROPERTY OWNER:(NAME/ADDRESS)
?w ?;r R . c• 275 --
PHONE :.ta)4zy -'- 1101
OTHER INDIVLD ALS PRESENT:
PARTY DOING WORK:(NAME/ADDRESS)
,?yl l ? ?2rz'??cE- ?5 ?r?C 1
3?t1? cst..,,e??, r<cta.
PHONE: qa)-
do -=I
IS PROPERTY UNIFORM OR SEPARATE DISCRETE V VEGETATIVE UNITS
Do normal environmental conditions exist at the plant community?
Yes V No (If no, explain on back)
Has the vegetation, soils, and/or hydrology been significantly disturbed?
Yes No _vl' (if yes, explain on back)
VEGETATION: (IN ORDER OF DOMINANCE, DR
TREES: SPECIES ---% COVER--INDICATOR
1 • L_1 F;"lQ 1E?ltM4TL,19
3. Tyr ups Ttco? -??, ??c
4.
5.
SAPLINGS/SHRUBS:
2.
3.
4.
5.
Percent of dominant species that are OBL, FACK
Is the hydrophytic vegetation criterion met? Yes
Rationale: r-?,-, i ,.e i<'PCi
,W LINE ABOVE
GROUND COVER:
1. L.-al \1 I C-U.A,
2.
3.
4.
5.
NON-DOMINANT SPECIES)
SPECIES-% COVER-INDICATOR
AWPJICA - 6-1o9 - FAC
6.
7.
8.
WOODY VINES:
1.
2.
Vor FAC ( (00 7
No
1a
SOILS
Series/phase: f'14.,-ec 1-t Subgroup:2
Is the soil on the hydric soils list? Yes No ?o Undetermined
Is the soil a Histosol? Yes No Histic epipedon present? Yes No ?
Is the soil: Mottled? Yes No Gleyed? Yes No
Matrix Color: b y? 4?`- Mottle Colors:
Other hydric soil indicators: -'
Is the hydric soil criterion met? Yes No
Rationale: ?Il??? ct.,-,a of f,,, cz)-111 M Co lab 1 ? up tZ- i L /,
HYDROLOGY
Is the ground surface inundated? Yes No --v/ Surface water depth:
Is the soil saturated? Yes No
Depth to free-standing water in pit/soil probe hole: ? 18`/
List other field evidence of surface inundation or soil saturation.
Is the wetland hydrology criterion met? Yes No
Rationale: Y . o 1V 1 x i, , k , ,,_,
11
JURISDICTIONAL DETERMINATION AND RATIONALE
Is the plant community a wetland? Yes No
Rationale for jurisdictional decision: OWL-le O t
PHOTOS TAKEN: YES NO AUT RITY: 10 404 1-0/404 NONE
JURISDICTION: ABOVE HEADWATERSSOLATED ADJACENT NWP I/