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HomeMy WebLinkAbout19950696 Ver 1_COMPLETE FILE_19950118State 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 Admodsoldw 'M 1:3 EHNR July 7, 1995 Chatham County DEM Project # 95696 APPROVAL of 401 Water Quality Certification Governors Club Development c/o Mr. Mark P. Ashness McKim & Creed Engineers 5625 Dillard Road, Suite 117 Cary, N.C. 27511 FILE COPY Dear Mr. Ashness: You have our approval to place fill material in 0.10 acres of wetlands or waters for the purpose of constructing three (3) ponds and access roads at Governors Club Phase 16 Dams, as you described in your application dated 28 June 1995. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 2671. This certification allows you to use Nationwide Permit Number 26 when it is issued by the Corps of Engineers. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. For this approval to be valid, you must follow tfte conditions listed in the attached certification. In addition, you should get any other federal, state or local permits before you go ahead with your project. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Environmental Management under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786. 'ncerel`y, r n Howard, Jr. P.E. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office Raleigh DEM Regional Office Mr. John Dorney Central Files 95696.1tr P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper McKIM&CREED June 28, 1995 M&C 0276-0039.OW(40) Mr. David Horning U.S. Fish and Wildlife Service ENGINEERS P.O. Box 33726 i Raleigh, North Carolina 27636-3726 suavEVOas J(fl. 5 1995 ARCHITECTS RE: Endangered Species Governors Club Phase 16 Dams PLANNERS Chatham County Dear Mr. Horning: McKim & Creed Engineers has recently submitted a Nationwide Permit Application on behalf of Governors Club Development. The Nationwide Permit Application is associated with access to Phase 16 of the development and construction of three ponds. This development is located south of Chapel Hill. (See attached U.S.G.S. map.) The Nationwide Permit deals with three proposed ponds with roads crossing 0.1 acres of affected wetlands and is upstream of the headwaters and outside of the 100-yr. floodplain for Cub Creek. Please advise this office of any federally listed or proposed for listing endangered or threatened species or critical habitat in this area. Thank you for your assistance in this matter. Sincerely, McKIM & CREED ENGINEERS, P.A. SUITE 117 BUILDING 1 Mark P. Ashness, P.E., ASLA 5625 DILLARD ROAD Project Manager CARY, NC 27511 cc: Jean Manuele, U.S. Army COE PHONE 9191233-8091 Joe Brinn, Governors FAX 919/233-8031 Q: \02 76\0039\40\06285N H 2. M P A McKIM&CREED June 28, 1995 M&C 0276-0039.OW(40) Mr. John Dorney Water Quality Planning ENGINEERS NC DEM P.O. Box 29535 SURVEYORS Raleigh, North Carolina 27626-0535 r ARCHITECTS 1995 RE: Application for Nationwide Permit #26 PLANNERS Governors Club Phase 16 Dams Dear Mr. Dorney: Please find enclosed the following information for your review: 1. Seven copies of the Joint Form for Notification of Nationwide Permits 2. Three copies of the overall site plan and proposed road crossing locations 3. Letter to U.S. Fish and Wildlife 4. Letter to Cultural Resources 5. U.S.G.S. Quad Map 6. Letter from Jean Manuele, US Army COE If you should require any additional information during the course of your review, please contact this office at your convenience. Sincerely, McKIM & CREED ENGINEERS, P.A. SUI1F 117 BUIII)IN`; I Mark P. Ashness, P.E., ASLA 56261?IIIAM)N,)AI, Project Manager :ARV. NC 21,41 Enclosures IIHON' WY :I:3 t1 N1 cc: Jean Manuele, US Army COE IAX 919,23,5 M):?1 Joe Brinn, Governors Club 0:\0276\0039\40\06285NH 1.MPA Mq<T\4&CREED June 28, 1995 Mr. David Brock ENGINEERS State Historic Preservation Office 109 East Jones Street SURVEYORS Raleigh, North Carolina 27601 ARCHITECTS RE: Historic Properties PLANNERS Governors Club Phase 16 Chatham County Dear Mr. Brock: M&C0276-0039.OR(40) McKim & Creed Engineers has recently submitted a Nationwide Permit Application on behalf of Governors Club Development. The Nationwide Permit Application is associated with access to Phase 16 of the development and construction of three ponds. The affected wetlands total 0.1 acres. This development is located south of Chapel Hill. (See attached U.S.G.S. map.) The Nationwide Permit deals with three proposed ponds with road crossings. Please advise this office of any historic resources in this area. Thank you for your assistance in this matter. Sincerely, McKIM & CREED ENGINEERS, P.A. H4AZ 1 SITE 117 Mark P. Ashness, P.E., ASLA Project Manager BUILDING I 5625 DILLARD ROAD CC: Jean Manuele, U.S. Army COE Joe Brinn, Governors Club CARY, NC 27511 PHONE 919/233-8091 FAX 9191233-8031 Q:\02 76\0039\40\06285N H3.MPA DEM ID: _ C-1 cJ (0 C1 ACTION ID: ' Nationwide Permit Requested (Provide Nationwide Permit #): 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 WATER QUALITY PLANNING CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, ,V I TH, P.O. Box 1890 AND NATURAL RESOURCES ", Wilmington, NC 28402-1890 P.O. Box 29535 ATTN: CESAW-CO-E Raleigh, NC 27626-0535 IY95 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: _ Governors Club Development 2. Owners Address: 10100 Governors Drive 3. Owners Phone Number (Home): ( 919 ) 9 6 8- 8 5 0 0 (Work): (919) 968-8500 4. If Applicable: Agent's name or responsible corporate official, address, phone number. Mark P. Ashness, McKim & Creed Engineers, P.A. 5625 Dillard Road, Suite 117 Cary, N. C. 27511 5. Location of work (MUST ATTACH MAP). County: Chatham Nearest Town or City: Chapel Hill Specific Location (Include road numbers, landmarks, etc.): 5 miles south of Chapel Hill on SR 1008 6. Narr! of Closest Stream/River: Cub Creek 7. River Basin: Cape Fear 8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ J NO [ J 9. Have any Section 404 permits been previously requested for use on this property? YES [K ] NO [ ] Ifyes,explain. 0.6 acres using individual permit, mitigated with 1.24 ac. 2.3 acres o pon s an road 30 acres 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: Filled: 0.04 acres Drained: Flooded: 0.06 acres Excavated: Total Impacted: 0.10 acres 12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): construction of 3 ponds above the headwaters of Cub Creek totaling 0.1 acres 13. Purpose of proposed work: access to lots in Phase 16 14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures taken to minimize wetland impacts. cross inci are required to access lots, the ponds will provide some water quality improvement 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 or proposed for listing endangered or threatened, 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 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/agricultural F. If applicable, what is proposed method of sewage disposal? public sewer 12 -2, Owner's Signature ate N Di I 1 I ZI - - - - - - - - - - - - - - I s LIMITS OF IMPOUNDMENT AREA OF WETLANDS - PROPOSED FOR FILL OR IMPOUNDMENT o g (806 sf/0.018 ac) 4? PLAN 7= loo' 6' 22' 6' SOP OF DAM EL.=396 0 BC TO BC 2.5 1 LAS 'S"OON ?HF LOCKABLE°8"9I -,v - Di / 1 EL.=393.0 --- / --------------- E G 15' TYPICAL SECTION THROUGH DAM #5 NITS GOVERNORS CLUB PHASE 16 CHATHAM COUNTY, N.C. DAM SITE #5 - PLAN 4 SECTION McKUA ENGINEERS* PLANNERS • SURVEYORS WLMINGTON, NORTH CAROLINA RALEIGH, NORTH CAROLINA SMITHFIELD, NORTH CAROLINA ORMOND BEACH, FLORIDA CLEARWATER, FLORIDA FIG. NO. OF 3 LIMITS OF IMPOUNDMENT AREA OF WETLANDS PROPOSED FOR FILL OR IMPOUNDMENT (1600 sf/0.036 ac) 6' 22' 6' &EL.=363.00 (BC TO BC) 2.5 1 ?- 2 - 136 LF 48" RCP ® 7.40% A$LE• D. RIt 4SS "5" WITH LOCK ..... ... _? 5 2 1 EXISTING 15' GRADE TYPICAL SECTION THROUGH DAM #6 NTS GOVERNORS CLUB PHASE 16 CHATHAM COUNTY, N.C. DAM SITE #6 - PLAN 4 SECTION FIG. NO. M(ja Mi 2 ENGINEERS • PLANNERS • SLIRVEYORS WILMINGTON, NORTH CAROLINA RALEIGH, NORTH CAROLINA SMITHFIELD, NORTH CAROLINA ORMOND BEACH, FLORIDA CLEARWATER, FLORIDA OF 3 S DsTe DDae opus DWG 61BWFTeDNO liw, \ 1 l\\ q GC AREA OF WETLANDS PROPOSED FOR FILL OR IMPOUNDMENT (1950 sf/0.04 ac) LIMITS OF IMPOUNDMENT PLAN 1"- loo' 6' 22' 6' SQUARE BOX nTOP OF DAM (BC TO BC) RISER EXTENDED VALVE STEM EL.=338.0 2.51 w/SUPPORTS 3' O.C. RCP o 1.0x NORMAL POOL E?=333.0 Jol TS JOINTS ING (Y) 100 LF 72' 1 CUSS '5' TH LOCKABL -E -0-R ?,. --- ---------- 5 -1 EXISTING) 15' GRADE TYPICAL SECTION THROUGH DAM #7 NTS GOVERNORS CLUB PHASE 16 CHATHAM COUNTY, N.C. DAN SITE 47 - PLAN 4 SECTION FIG. NO. Mc 3 ENGINEERS- PLANNERS - SURVEYORS NQMMIGTON, NORM CAROLINA RALEIGH, NORTH CAROLINA SNIWELO, NORTH CAROL NA ORNOND EEACH, FLORIDA CLEARWATER, FIMA OF 3 -\ 33311 1311 UUUUU'''" O O 1 d ? I >> o a F - A'• c 0 i - ? I Q o r p o• o O p `u I V tI R ? S or m o • o .off NO F III ~ ti V a lil Q I 3001\ r o a ` "i o p .\ a G ,f 1 0 Lp ?? II Wu oy ' - I?I?I?IIII 11? t R© . • G . I 1 11?? ? .I ? • ?II f ? ry•-? • A 11' VIII II:I. uo \? 1`e 7'1 IIIIII 1.• • • I I I'1 ? ??\ •1'1'1'111hhhl I?II111 X15 • ? It O',. )VIII11II1111 1 IIIIII •?'ij ?? r • `If i, 11IIf11II IIIIIIII?<n 7N • N1 ?\ 1` O ; ?1 ? 1 I 1 1 t IIIIIIIII ITI? 1?IT .. r \ \UI IIIIIIIIIIIIIIII 1 IIIIIIIIIIIIIIII ?. \• ? r , ' 1 1 Iyi!'Iyw';y'•L'`i`41IUIIIi O „c\ ,y\Is ' 1111'i 1!?,I 11 V? N /I ?• \• ? \?/,I, 1,1,11 ly oyL ?(??A? .ice ?? ????. ?? ?• ?? ?I O ??E_V--i?11 04 r ?1\^?V J,.?/ ?/\ ^ tll? T ? 111111'I I11'; I ??? ? ?) V O IIIIII, I,I II,1,1 I I , it I I I I I '\ I? I, I, I, , III ? I I,I I .?_-- • i ???? V -:. ? ? •/ / . / _ I 1 ? I ? 1 ? • ?IIII?II?I I'I'' I I I' I I F''.. •r Memorandum To: Mark Ashness, PE, with McKim and Creek Engineers CC: From: Jean B. Manucle Date: June 21, 1995 Subject: Action ID. 199503562, Jurisdictional Site Determination and Nationwide Permit Eligibility for Construction of 3 Ponds in Governors Club Subdivision, south of Chapel Hill, Chatham County, North Carolina. On June 5, 1995, I met with Mr. Mark Ashness, PE with McKim and Creed Eng'neers on the Property of Governors Club Development Corporation, located on approadmately I;000 acres, west of SR 1008, approximately.3 miles southeast of Chapel Hill. in Chatham County. North Carolina. The site is located adjacent to, and above the headwaters of, several unnamed tributaries to Cub Creek The purpose of the site inspection was to determine the presence of wetlands subject to our regulatory authority pursuant to Section 404 of the Clean Watcr Act and to determine whether any Department of the Army (DA) permits will be required for the proposed construction of Dart Nos. 5,6, and 7 within Phase 16 of Governors Club Subdivision off Morehead Drive. The site is located on the Farrington Quad. The site is located on Edwards Mountain and can be characteAzed as mixed pine-hardwood forests, dissected by small intermittent tributaries that drain into Cub Creek The area of the proposed ponds was examined and it was determined that no wetlands are located within the area of the proposed ponds. Instead our regulatory jurisdiction is restricted to the creek channels themselves (bank to bank). See attached wetland data form. Dam 5 has a I foot wide channel, Dam 6 has a 2 foot wide channel, and Darn 7 has a 3 foot wide channel. Mr. Ashness utilized the channel widths along with the limits of the fill associated with the dams and the area of steam channel that would be flooded to calculate the amount of jurisdictional impacts. It was determined that 0.1 acre of impacts to waters of the United States will be impacted by the construction of the proposed ponds. A DA individual permit was issued on January 30, 1989 which authorized the construction of a road access over Cub Creek (0.6 acre of wetland impacts) and 2.3 acres of wetland impacts associated with the construction of four ponds, fairways, sediment basins, and other roads which could not be authorized under NWP No. 14. The impacts associated with the crossing at Cub Creek were mitigated through the restoration of 1.24 acres of wetlands along Cub Creek. Accordingly, the total impacts for NWP No. 26 are 2.4 acres. Mr. Ashncss was advised to submit a Pre-Construction Notification application for the 0.1 acre of impacts associated with Dams 5,6, and 7 since the wetland impacts associated with the development of Governors Club are cumulative in nature with respect to Nationwide Permit No. 26. The permit application was received on June 23, 1995 and subsequently sent out to the agencies for review. The resource agencies (US Fish and Wildlife Service and the State Historic Preservation Service, National Marine Fisheries nervation Office) have 5 business days from June 23, 1995 to contact me by telephone to inform me that they either wish to comment or that their review may take more time and they need an extension. After 5 days, the agencies have another 10 days to submit their comments to this office for review. Provided that there arc no unforeseen concema of the agencies, the Corps will issue the permit for the pond eostructions. If the Corps issues At permit, a 401 Water Quality Certification must also be obtained from the North Carolina Department of Environment. Division of Environmental Management, Health and Natural Resotuccs, permit will be valid. 't' Water Quality Section before the Jean B. Manuele Q. Regulatmy Specialist Raleigh Field Office