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
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