19930689 Ver 1_Complete File_19930816

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
September 16, 1993
IN mmy Ht -t:h I u
Regulatory Branch
Action ID. 199303973 and Nationwide Permit Numbers 14 (Road Crossing)
and 26 (Headwaters and Isolated Waters)
Robert C. Rhein, Inc.
c/o Mr. Kevin Martin
Soil and Environmental Consultants, Inc.
3818 Bland Road
Raleigh, North Carolina 27609
Dear Mr. Martin:
ROMP
Reference your application of August 5, 1993, on behalf of Robert C. Rhein
Interests, Inc.,.for Department of the Army authorization to discharge fill
material within waters of the United States, causing the loss of a total of
0.44 acre of wetlands (0.03 for road crossings and 0.41 for lot development)
adjacent, and above the headwaters of, Turkey Creek and an unnamed tributary,
for construction of the proposed Park Ridge residential development, east of
Davis Drive (S.R. 1613), near Cary, 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 (NWP).
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"40neral condition. For discharges in
special aquatic sites, including wetlands,- tfie 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:
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SEP 2 1 1993
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a. The width of the fill is limited to the minimum necessary for the
actual crossing;
b. The fill placed in waters of the United States is limited to a filled
area of no more than 1/3 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 highflows 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, causing the loss of 0.44 acre wetlands, is authorized by these
NWPs provided it is accomplished in strict accordance with the enclosed
conditions and provided you receive_a Sedtion 401 water quality certification.
from the North Carolina Division of Environmental Management. These
NWPs do not relieve you of the responsibility to-obtain other required State
or local approvals.
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 NWP authorization is reissued without modification or the activity
complies with any subsequent modification of the NWP authorization. If during
the 2 years, the NWP authorization expires or is suspended or revoked, or is
modified, such that the activity wa?ld.,,1no longer comply with the terms and
conditions of the NWP, activities which have?`commenced (i.e., are under
construction) or are under contract to commence in reliance upon the NWP will
remain authorized provided the activity is completed within 12 months of the
date of the NWP's expiration, modification or revocation, unless discretionary
authority has been exercised on a case-by-case base 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 this property would have to be
i
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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 Field Office regulatory staff, at telephone (919)
876-8441, extension 23.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
Mr. Mike Coughlin
Environmental Engineer
Wake County Community
Development Services
Post Office Box 550
Raleigh, North Carolina 27602 f
Town of Cary
Attn: Mr. Terry Warren
Post Office Box 1147
Raleigh, North Carolina 27511
r. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
State of North Carolina NMI
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
August 19, 1993
Robert C. Rhein Interests, Inc.
1905-G Ashwood Court
Greensboro, N.C. 27455
Dear Sirs:
Subject: Proposed fill in Wetlands or Waters
Residential development, Park Ridge development
Wake County
DEM Project # 93689
Upon review of your request for 401 Water Quality Certification
to place fill material in 0.44 acres of wetlands or waters which are
tributary to Turkey Creek for residential development located at SR
1613 in Wake County as described in your submittal dated 5 August
1993, we have determined that the proposed fill can be covered by
General Water Quality Certification No.s 2732 & 2671 issued January
21, 1992. Copies of the General Certifications are attached. These
Certifications may be used in qualifying for coverage under Corps of
Engineers' Nationwide Permit No.s 14 & 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.
1786.
If you have any questions, please contact John Dorney at 919-733-
Sincerely,
esn I oward Jr. P . E .
93689.1tr
Attachment
cc: Wilmington District C rps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DEM Regional Office
Mr. John Dorney:'
Central Files
Mr. 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
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Soil & Environmental Consultants.Inc.
3818 Bland Road ¦ Raleigh, North Carolina 27609 _¦ [phone] ¦ Fax; [phone]
n
40
August 5, 1993
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 Dorneys
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 asPark Ridge. The project is located near Cary,-l!
(Wake`County)-.along Davis Drive (S.R. 1613), north of its
.intersectionwith Trade Center Blvd as shown on the enclosed plans
and vicinity maps. Authorization for S&EC to serve as the owner's
agent is enclosed.
The_:C,orps approved deta-iled;wetland,delineation rs shown on the
-attached map: These ,?deline=at ons have heeri"`appr''6ved:7by"Mx . 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, utilities etc:
(see attached plans).
It will be necessary to fill 0.41 acres (see map) of
jurisdictional-wetlands-above headwaters for placement of the
proposed facilities utilizing Nationwide 26. An additional ._03
acres (see map) will be filled for one road crossing under
Nationwide Permit 14. Please note that the area impacted for lot:
contains 30% to 50% upland and therefore if all non-wetland
pockets were exactly flagged and surveyed impacts would be less
than 1/3 acre and would be "automatically" approved. I would be
glad to review this with you on-site. In fairness to the client,
it does not seem justifiable to have the client undergo the
additional costs to locate each of these high ground pockets since,
a'site visit could easily prove this point. The Corps and I have
already discovered this and I believe they agree with my findings-,
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, N.C. Cultural Resources National
Marine Fisheries and David Franklin (Wilmington Corps).
Soil/Site Evaluation ¦ Mapping and Physical Analysis ¦ 'Wetlands Mapping and Mitigation ¦ Environmental Audits'
On-Site Waste Treatment Systems, Evaluation and Design
The small pocket efetland to be impacted for lots (.02 acre
area) is not a v pool, it was actually created by
construction of wer line adjacent to Turkey Creek and is
vegetated but does not contain anything larger than shrub sized
vegetation.
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 C(.L '- 6'.. 9?/'
Kevin C- Martin,
President
Encs.
cc: David Franklin, U.S. Army Corps, District Engineer
USF&WS
Cultural Resources
National Marine Fisheries
KM/jb
DEM ID: 93(099 ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit ft 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
ATIN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIR
AND NATURAL RESOURCES
P.O. Box 29535 }
Raleigh, NC 27626-0535 ( 193
ATIN: MR JOHN DORNEY
Telephone [phone] _ m
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF EN
PLEASE PRINT.
1. Owners Name: Robert C. Rhein Interests, Inc.
2. Owners Address: 1905-G Ashwood Court, Greensboro, NC 27455
3. Owners Phone Number (Home): (Work): 919/288-9355
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: Wake
Nearest Town or City: Cary
Specific Location (Include road numbers, landmarks, etc.): Located along Davis Drive (SR 1613),
approximately 650 feet north of its intersection with Trade Center
Blvd (SR 1615). See attached vicinity maps.
6. Name of Closest Stream/River. Turkey Creek
7. River Basin: Ne u s e
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, DVS L or WS II? YES [ ] NO [x]
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO fiX]
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
<2
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
NW 14 NW 26
Filled: .03 .41
Drained:
Flooded:
Excavated:
Total Impacted: -03 .41
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): Fill of approximately
0.44 acres of wetlands for a road crossing and utilization
of lots.
13. Purpose of proposed work: R e,s i d en t i a l 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. to utilize uplands.
Development has been designed to minimize wetland impacts
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 [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 shoats 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? Rural and residential.
F. If applicable, what is proposed method of sewage disposal? Mu n i c i p a 1 s e w a g e
-Owner"ignature Date
Agent's
.JLIL 29 793 11.3, BYRON ULCUTIVE STES919-2822797
01120/89 21:13 9197909117 S&EU INC.
Ft "u L
Name : 120 T 2r^t +nl„ l?t"? rt r s? s ! } l c..
Address:
Address: r?C.. Forego , l • .. ?2.? 4- _
Phone: . eLe s -?t355 -
Projeat Namejne,scription:
Date : •J 0 L-d Z.q t qR3
Thee Department Of the Army
Xi. S. Army Corps of Engineers
Wilmington District
PC SOX 1990
Wilmington, NC 29402
Attn:
Field office: Ralei0b
Re! wetlands Related Consulting ar"I Peraitting
To Whom It May Concern:'
I, the current projOct ownBr, hereby designate and authorize Scil
and Xnvironmental Consultants, Tnc. to act in my behalf as my
agent in the processing of permit applications, to furnish upon
request supplemental infazzatign i34 support of applications, Gtc.
from this day fvrwaxd. This the -z-3 day of .3%'`-
This notification superaades any parevious correspondence
concerning the agent for this projoct
Ra mr G..!?AAmcr3 iw erGeSm,la?..
owners Name:
T Te:
cc: Mr. John Darn®y
N. c. Department at EK & NR
Division of Env. Mgt.
Water Quality Planning
PO Fox 29535
Raleigh, NC 27626
ter. x6vin Martin
soil and Enviromental COnsultants, Inc.
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