HomeMy WebLinkAbout19930376 Ver 1_Complete File_19930510Soil & 'Environmental Consultants, Inc.
3818 Bland Road ¦ Raleigh, North Carolina 27609 ¦ (919) 790-9117 ¦ Fax (919) 790-1728
May 5, 1991,
NRCD - DEM U.S. Army Corps of Engineers
Attn: Mr. John Dorney Attn: Mr. Eric Alsmeyer.
PO Box 29535 6512 Falls of the Neuse Rd., Suite 105,
Raleigh, NC 27626 Raleigh, NC 27615-6846
Dear Messrs. Alsmeyer and Dorney:"
The purpose of this letter is to request Nationwide Permits 14 and
26, and a Section 401 Water Quality Certification for the project
to be known as Hunter Valley. The project is located in Apex, NC
(Wake County) and is bordered by S.R. 1160-to the south as shown
on the enclosed plans and vicinity maps.
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.
,r ?x . quire e con ,rust a roadway end, :a
ti 9
resident ira?pldevelopm
It will be necessary to fill .31 acres (see map) of jurisdictional
wetlands above' headwaters for placement of the proposed facilities
utilizing Nationwide 26. An additional .16 acres (see map) will
be filled for road crossings under Nationwide Permit 14. Road
crossings are perpendicular to wetland alignments, in order to
minimize impacts. Lot configurations have also been designed to
minimize wetland impacts. We realize we are not required to
notify the Corps for impacts less than 1 acre nor DEM for
Nationwide 26 impacts less than 1/3 acre but we have chosen to do
so as a professional courtesy. We would like written confirmation
from both agencies that we are authorized to utilize.the above
named permits, and certifications. We would also like tonote that
the original lot layout utilized smaller lots and would have
required greater wetland impact's. Therefore, the developer and
engineer revised the plan utilizing larger lots and minimizing and
avoiding impacts as much as possible. Some proposed impacts occur
along an existing sewer line.
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:
U.S. Fish and Wildlife Service, National Marine Fisheries, NC
Soil/Site Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Environmental Audits
On-Site Waste Treatment Systems, Evaluation and Design
Cultural Resources 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,
Kevin C. Martin,
President
cc: (with. enclosure) David Franklin, Wilmington Corps
USF&WS
NC Cultural Resources
John Dorney, DEM Water Quality Planning
National Marine Fisheries service
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1
DEM ID: % MZ ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): 14 a n d 2 6
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 ENVIRO
NC DEPARTMENT OF IIWIR ,
AND NATURAL RESOURCES
P.O. Box 29535 MAY -
Raleigh, NC 27626-0535
ATTN: MR. JOHN DORNEY ,; DS GROUP
Telephone (919) 733-5083 N?ATER UALmr SFt% nu
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF CMERS.
-TT
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: H.H. and J.G. Partnership c/o Gilleece and Associates
2. Owners Address: 875 Walnut St., Cary, NC 27511 Suite 350
3. Owners Phone Number (Home):
(Work): 919/469-1101
4. If Applicable: Agent's name or responsible corporate official, address, phone number.
Soil and Environmental Consultants, Inc
3818 Bland Rd, Raleigh,'NC 27609
919/790-9117
5. Location of work (MUST ATTACH MAP). County: W a k e
Nearest Town or City: Apex
Specific Location (Include road numbers, landmarks, etc.). North of . Hunter St. (S . R . 1160),
and just west of Fairview Rd. (S.R. #unknown)
6. Name of ClosestStream/River. Intermittant stream - Beaver Creek
7. River Basin: Cape Fear River
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS 11? 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:
Approximately 1.4 acres
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Nationwide 26 Nationwide 14
Filled: .31 .16
Drained:
Flooded:
Excavated:
Total Impacted: .31 .16
12., Description of proposed work (Attach PLANS-8 It2" X 11" drawings only):
Filling portions of two wetland areas.
13. Purpose of-proposed work: Try hu; 1 8 roadways and a resi dential development
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. Wetlands must be filled somewhat. i n order to
. use uplands. Roadways and lots are aligned to minimize wetland impacts
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/orNadonal 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 projem Have you done so? YES [ 9 NO ( l
FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You ace required to contact the State Historic Preservation Officer (SHFO) regarding the presence of historic
properties in the permit area which maybe affected by the proposed project? Have you done so? YES [ X] NO[
l
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. H 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?
Residential and undeveloped rural.
F. If applicable, what is proposed method of sewage disposal?
-QVMeV'x
Agent's
Municipal Sewer
4b?
Date
1-414A-1 C;- VA J / 7 ROUTINE ONSITE D0N METHOD
COORDINATOR: TIME: DATE: 2_/ 0 /93 COUNTY:
NEAREST TOWN: /? ex WATERWY:
QUAD: LOCATION: PAR•PY DOING WORK:(NAME/ADDRESS)
I'KUPh:ItTY OWNER: (NAI•IE/ADDRLS5 )
r- ?GrT PAS i?
Soil and Environmental Consultants
1?7? t.?ti/.,,.rt Jf-??C^r• 3818 Bland Road
_??_?.,, N L 27 ri1 Raleigh. NC 27609
PHONE:T( PHONE : ?1?) 7 9 0 _S 1 1 7
OTHER INDIYIUUALS PRESENT:
?
OR SEPARATE DISCRETE
IS PROPERTY UNIFORM L-" VEGETATIVE UNITS
l?e
Do normal environmental conditions exist at the plant community?
UjL? Yes No k_ (N no, explain on bade) SeWAr l i 1w- ?- 0 • \J Tuns
Has the vegetation, soils, and/or hydrology been significantly disturbed?
add ^ ?'^t -Fo a a + o? wt.'} a i.
Yes No A_ (If yes, explain on back)
VEGETATION: (IN ORDER OF DOMINANCE, DRAW LINE ABOVE NON-DOMINANT SPECIES)
---------------------------------------------------
TREES: SPECIES--% COVER--INDICATOR GROUND COVER: SPECIES-Y COVER-INDICATOR
1. (?tr•'adQ.v.dw?. -tJVp ,,- -Lo-f. FAC 1. ( o-4co- 10% PAC-W
2. L. ?? ? dto•w b+.r S ,r,,c;?1va, 2o.r GAC Qoso..
w
b
3
A t`' ? 10-1. UA PL
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.
cW ru
.
3.
10.0
4. FAC 4.
5. 5.
SAPLINGS/SHRUBS: 6.
1- f'.;JS-?Sihensc 15°/. FAC- 7•
2. 8.
3. WOODY VINES:
4. 1. Lov.; U.r41- JOIre..:L.- S•/, FAC-
5 . - 2. s w.;1 A ? sP. 5'b i= AL
Percent of dominant species that are OBL
and/or FAC '79
FACW 011a
,
,
Is the hydrop vegetatio criterion met? es
Y No
_
Rationale: ??-
SOILS
Seriestphase: W cA V-&A 1"?L- Subgroup:2
Is the soil on the hydric soils list? Yes _„?L_ No Undetermined
Is the soil a Histosol? Yes No --d Histic epipedon present? Yes No
Is the soil: Mottled? Yes No Y Gleyed? Yes'_ No
Matrix Color. 10 -4 R h i i Mottle Colors:
Other hydric soil indicators:
Is the hydric soil criterion met? Yes X No
Rationale: - (lie tj /?nor l4_
HYDROLOGY
Is the ground surface inundated? Yes No _X Surface water depth:
Is the soil saturated? Yes No _X
Depth to free-standing water in pit/scii probe hole:
List other f id evidence of surface inundation or soil saturation.`
''A? y 4 L1^l?NNCI S'h'oo`vw GVWNhC I
I
Is the wetland hydrology criterion met? Yes V No
Rationale: a CUL&,n.s
JURISDICTIONAL DETERMINATION AND RATIONALE
Is the plant community a wetland? Yes Y_ No
Rationale for jurisdictional decision: All PHOTOS TAKEN: YES NO X AUTHORITY: 10_ 404 10/404 NONE_
JURISDICTION: ABOVE HEADWATFRS ISOLATED ADJACENT NWP It
.-........ .... --"""-. --- Zia' - --. -- ; 'i-t .. - 'ai "•Y •+:..:-..-..:-q;T-q; ?;-•'-•>.-.:-•: -... v. .
.. iiv,J.v„w:.viY:'r.'7 v?ii};::•:::in,?h 'A '>N:i vri,iv:.,ivxw.vJ r• 4,. r .3::: n? •:L; .
..... ....::.?..;.j;...i:::::,}>j::vji}:iaiv,.:v: •i:'., w::: vvvv .,.:::. v, ••v
.i,l •n?i ::: ••. •., lava:,+:•:k3:vv. S: w:•?i: ., +:ahvv:+
:: ?>'.v ,: 4}:.v.... y.•: \,vvix......vtih.. \ h \ , :n h.? .:,4\k%.v.:'wk^.k,: •.v .? :3?h .
..a .,+s•;.;'•t.,::a:k ::.k,t,tkaat:,t,..,,:.,,,...;.. . 4 }., s'.. 3...:.>,:.:a,?•x `: riavt , ,? k?',... ,2.,.
.,:::•:.. ..... ?: ..:.. ..t:.,.,:.:: :..,.,.. ,,. t., k, •ttt,,,; „c.. Via;: ?,.. •ac;;....>„• i..•?2:•:. ,.,?;Y:::>St,a, .. .:
•?.;:.'?.,: •. ,:. .:,u.>awoJaaS:wL.to?3aa?x,R,•,;,a,.s.Mw,y?•: ;-:.. ,,,• c:A,•. , ,, ... ,}-. :.,.. .w r.C+r,:ti ..:• , , ,)}`?k`+: `k??k
map x
NWI wetland type
? Coastal Plain ? Sandhills ? Piedmont ? Mountain •
Nearest stream name F1 C.01,,•e.r c,,... - L
River Basin and sub-basin (24&
1=u, r (2
Stream index number Classification
Wetland area > t acres Wetland width -+, t. o feet
"U Hydrologically connected ? Hydrologically isolated
Endangered, threatened, rare species -
Source (NHP, USFWS, other)
Adjacent special natural areas
Nearest road
Wetland type (select one)
• ? Swamp forest
& Bottomland hardwood forest
? Carol ina bay
• ? Pocosin
? Pine savannah
• ? Wet flat
• ? Perched
? Shoreline
? Stream channe I
? Salt marsh
? Brackish marsh
? Freshwater marsh
? Bog/Fen
? Vernal pool
• Water storage
Bank/ShoreI ine stabi I ization •
• Po I I utant remova I .LV._ '
• >x 5.00 =
:
,
• i:•:i
?ti:i .
:: i:•i: •
•
.
Sensitive watershed
3 '
• Dispersal corridor 2- Weiland score
• «'<''{<? x 0.75 =
............
.
Special ecological attributes 0_ .
• Wildlife habitat
Aquatic I ife value .
x 1.00 =
>>
Recreation/Education
' Economic value • S?
>< x 0."5 =
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO June 17, 1993
Regulatory Branch
Action ID. 199302371 and Nationwide Permit Numbers 4, ®( ?n g
and 26 (Headwaters and Isolated Waters) U j
H.H. and J.G. Partnership
c/o Gilleece and Associates _
875 Walnut Street ° w°A(IDS GROUP
Cary, North Carolina 27511 WATER UALITY SECT10
Dear Sirs:
Reference your application of April 30, 1993, 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 0.47 acre of wetlands (0.16 for road crossings
and 0.31 other) adjacent to, and above the headwaters of, Beaver Creek, for
construction of the proposed Hunter Valley residential development, on the
north side of Hunter Street, east of NC 55, in Apex, Wake County, North
Carolina.
For the purposes of the U.S. Army 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
provided:
a. the discharge does not cause the loss of more than 10 acres of waters
of the United States;
b. the permittee notifies the District Engineer if the discharge would
cause the loss of waters of the United States greater than one acre in
accordance with the "Notification" general condition. For discharges in
special aquatic sites, including wetlands, the notification must also include
a delineation of affected specific aquatic sites, including wetlands; and
c. the discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project.
Authorization, pursuant to Section 10 of the Rivers and Harbors Act of 1899
and Section 404 of the Clean Water Act, was also provided for fills for roads
crossing waters of the United States (including wetlands and other special
aquatic sites) provided:
a. The width of the fill is limited to the minimum necessary for the
actual crossing;
-2-
b. The fill placed in waters of the United States is limited to a filled
area of no more than one-third acre. Furthermore, no more than a total of 200
linear feet of the fill for the roadway can occur in special aquatic sites,
including wetlands;
C. The crossing is culverted, bridged or otherwise designed to prevent
the restriction of, and to withstand, expected high flows and the movement of
aquatic organisms;
d. The crossing, including all attendant features, both temporary and
permanent, is part of a single and complete project for crossing of a water of
the United States; and
e, For fills in special aquatic sites, including wetlands, the permittee
notifies the District Engineer in accordance with the "Notification" general
condition.
Your work is authorized by these nationwide permits provided it is
accomplished in strict accordance with the enclosed conditions. These
nationwide permits do not relieve you of the responsibility to obtain any
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 thae 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
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 this project only, and
impacts of subsequent projects on this property would have to be considered
cumulatively with these, regardless of future subdivision or ownership of the
-3-
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):
Town of Apex
Attn: Ms. Pat Crissman
Planning and Inspections Department
Post Office Box 166
Apex, North Carolina 27502
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
A. Preston Howard, Jr., P.E., Director
May 12, 1993
H.H. & J.G. Partnership
c/o Gilleece & Associates
875 Walnut Street
Suite 350
Cary, N.C. 27511
Dear Sirs:
Subject: Proposed fill in Wetlands or Waters
Hunter Valley development
Wake County
OEM Project # 93376
A'kF.R*A
,?W4
AdWkudMhWdftV
C) EHNR
Upon review of your request for 401 Water Quality Certification to place fill material in
0.47 acres of wetlands or waters which are tributary to Beaver Creek for road crossing and
lot fill located at SR 1160 in Wake County, as described in your submittal dated 5 May, 1993,
we have determined that the proposed fill can be covered by General Water Quality
Certification No. 2732 and 2671 issued January 21, 1992. Copies of the General Certification
are attached. These Certifications may be used in qualifying for coverage under Corps of
Engineers' Nationwide Permit Nos. 14 and 26.
If you have any questions, please contact John Dorney at 919-733-1786
Sincerely,
v---A. Preston Howard, Jr. P.E.
93376.Itr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh Regional Office
Mr. John Dorney
Central Files
Kevin Martin; S & EC
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496
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