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HomeMy WebLinkAbout19930775 Ver 1_Complete File_19930913 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 October 26, 1993 IN HW-LT MCFt% 1 V Regulatory Branch n C WN NOV - 31994 WETLANDS GPOLIP WATER QUALITY SEU Action ID. 199303974 and Nationwide Permit Numbers 14 (Road Crossing) and 26 (Headwaters and Isolated Waters) Mr. Kevin Martin Soil and Environmental Consultants, Inc. 3818 Bland Road Raleigh, North Carolina 27609 Dear Mr. Martin: Reference our letters of June 16 and September 17, 1993 (Action ID. 199302366), confirming nationwide permit authorization for discharges of fill material impacting wetlands adjacent and above the headwaters of an unnamed tributary to Crabtree Creek, associated with development of Preston Village, Phase I, residential subdivision, on the west side of Davis Drive (S.R. 1613), in Morrisville, Wake County, North Carolina. Reference also your application of September 8, 1993, submitted on behalf of Preston Development Company, for additional Department of the Army authorization to discharge fill material within waters of the United States, impacting an additional 0.14 acre of wetlands (0.06 for road crossings, and 0.08 for lot fills, for a total of 0.37 acre under Nationwide Permit No. 26), for development of Preston Village, Phase II. For the purposes of the U.S. 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" 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. -2- 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; 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 is authorized by these NWPs 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. These NWPs do not relieve you of the responsibility to obtain other required State or local approvals. You should contact Mr. John Dorney at telephone (919) 733=1786 regarding water quality certification This verification, authorizing 0.14 acre additional wetlands impacts, will be valid for two 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 would no 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 -3- 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 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 Town of Morrisville Attn.: Mr. Mike Johnson Community Development Director Post Office Box 166 Morrisville, North Carolina 27560 /`11 ' 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 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 September 14, 1993 W. Greyson Quarles, Jr. Preston Development Co. SAS Institute Campus Drive Cary, N.C. 27511 Dear Mr. Quarles: Awe* 0 C) EHNR Subject: Proposed fill in Wetlands or Waters Preston PUD development Wake County DEM Project # 93775 Upon review of your request for 401 Water Quality Certification to place fill material in 0.08 acres of wetlands or waters which are tributary to Crabtree Creek for residential development located at SR 1613 in Wake County as described in your submittal dated 9 September 1993, we have determined that the proposed fill can be covered by General Water Quality Certification Nos. 2664, 2732 & 2671. Copies of the General Certifications are attached. These Certifications may be used in qualifying for coverage under Corps of Engineers' Nationwide Permit Nos. 12, 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, r res on Howar Jr. P.E. 93775.1tr y Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office Raleigh DEM Regional Office Central Files Kevin Martin; Soil and Environmental Consultants P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 509k recycled/ 10% post-consumer paper • soil & Environmental Consultants, Inc. 3818 Bland Road ¦ Raleigh, North Carolina 27609 ¦ (919) 790-9117 ¦ Fax. (919) 790-1728 SEP 1113 101 " 4+ Septe 9, 1993 WETLANDS GROUP WATER UALITY SECTION NC DEH&NR, DEM y orps of Engineers Water Quality Planning Attn: Eric Alsmeyer Attn: Mr. John Dorney 6512 Falls of the Neuse Road, P.O. Box 29535 Suite 105 .Raleigh, NC 27626 Raleigh, NC 27615-6846 Dear Messrs. Alsmeyer and Dorney: The purpose of this letter is to request Nationwide Permits 12, 14 and 26, and a 401 Water Quality Certification for the project known as Preston PUD. The project is located in Wake County; as plans. Larry Sink of our firm previously, shown on the enclosed tl. and mete with Eric Alsmeyer'of the Corps, on=site to review the we delineation. The detailed wetland delineations are shown on the t1rk3t74esi _ ;w..°u;i --NSi'.p".-k ?tita?? map sT??..?.c-+-*.ti .m:?n4 +a € .':?:,c°.?• 4- C ''N- "rMHt .. .J ,.•.,. w+ ,. . I-mpacts yt'o" wetlands and Waters of the U ill_,b.e.Arequar?ed. forte <;- r ? z .. .. a,...? , ?.. . ,w. . crossin s sewer lines and residentially: lots in;a reside oad r... g nt i.a--1, development. -Impacts will total .08 acre: approximately 190 sq. ft. under NW12, 1135 sq. ft. under Nationwide 14, and 2365 sq. ft. under Nationwide 26. Nationwide permits 12, 13, 14, ISand 26 have been obtained previously for this project to utilize the property for a combination golf course and residential development. Previous impacts under these permits totaled 4.61 acres 3.26 acres under Nationwide 26, 06 acres under Nationwide 14, 11 acres under Nationwide 12, 1.14 acres under Nationwide 13, and .04 acres under Nationwide 18. Wetlands on the site areprimarily ditches. Road crossings are perpendicular to wetlands to minimize impacts. To expedite the permitting process and to ease the process for 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, N.C. Cultural Resources 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 Please call if you have questions or'require further information. Sincerely, Kevin C. Martin, President cc: (with enclosures) David Franklin, Wilmington USF&WS NC Cultural Resources Karl Schafer, DEM Raleigh Regional Office - National Marine Fisheries Service DEM ID: ACTION ID: - - Nationwide Permit Requested (Provide Nationwide Permit ft 12, 14 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 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 ATIN: CESAW-CO-E Raleigh, NC 27626-0535 Telephone (919) 251-4511 ATTN: MR. JOHN DORNEY Telephone (919) 733-5083 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' Preston Development Co., Division of-SAS Institute 2. Owners Address: Campus Dr . , Cary, NC 27511 3. Owners Phone Number (Home): (Work): 919/677-8000 4. If Applicable: Agent's name or responsible corporate official, address, phone number. S&EC, Inc. 3818 Bland Rd. Raleigh, NC 27609 919/790-9117 5. Location of work (MUST ATTACH MAP). County: wake. Nearest Town or City: Mo r r i sv i lie Specific Location (Include road numbers, landmarks, etc.): See attached vicinity map. 6. Name of Closest Stream/River. Crabtree Creek 7. River Basin: nrA„ -- 8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO [A 9. Have any Section 404 permits been previously requested for use on this property? YES f ] NO [ ] If yes, explain. NW 12•, 13, 14, 18 and 26 used re ly for golf course and resider is eve opmen , to a ing 4.61 acrgs 10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: NW 1'2 NW 14 NW 26 Filled. 190 sq.ft. 1135 sq. ft. 2365 sq.ft: Drained: Flooded: Excavated: Total Impacted: 190 s q. ft. 1135 s q. f t. 2365 s g. ft. 12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): F i l l as s o c i a t e d w i t h roadways, utility lines, and residential lots. See attached plans.- 13. Purposeofproposedwoda Residential 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. See attached letter from S& E C. 15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service (NM FS) regarding the presence or any Federally listed or proposed 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 maybe 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 a:: 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 the delineation line. D. If a stormwater management plan is required for this project, attach copy. E. What island use of surrounding property? R G i d n i a l or undeveloped rural F. U applicable, what is proposed method of sewage disposal? 'M u n i c i p a 1 sewage er?3ignature gent's Daze 1000 0 1000 2000 3000 4000. 5000 6000 7000 FEET 1 5 0 1 KILOMETER N Preston PUD, ? Nw,?t S:- oJJ? ? ? ti Z lJu [e6 J N S . J .u J 1620 Vicinity Map J C_- 3A J Y/ \ 310 i JJ •o? _ J 50.E ' at-? ??I<J?j ? 0 1 _? ?o ?9 O ? 0 343 'M 305 _ 111 l? 0 0 0 17 O' ro° J