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HomeMy WebLinkAbout19950567 Ver 1_COMPLETE FILE_19950606State 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 June 26, 1995 Cumberland County DEM Project # 95567 f, APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Mr. Edmund McNair Williams 22900 Aberdeen Hwy Lauringburg, N.C. 28352 I D EHNR FILE..-COPY,. Dear Mr. Williams: You have our approval to place fill material in 0.61 acres of wetlands or waters for the purpose of constructing a residential development known as Lancaster at Westin, as you described in your application dated 30 May 1995. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Numbers 2732, 2733 and 2671. These certifications allow you to use Nationwide Permit Numbers 14, 18 and 26 when they are 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 the conditions listed in the attached certification. Deed / restrictions shall be applied to all lots with remaining wetlands to prevent future wetland fill. 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. Sincerely, Pr n Howard, Jr. P.E. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Fayetteville DEM Regional Office Mr. John Dorney Central Files Kevin Martin; Soil and Environmental Consultants 95567.1tr 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 'S 1 2 Z r r'` c? U D D ?m CLt qo U?V"ul,u) x4uaef- /44e 741 1 6?- W/g'' _ILI Q2,v ti .lo f AW/V ?Uem /-w i JUN 2.3 ; PdATER ?'1,5:iJi v'•'? Project name y?ruJ? Count Name of evaluator Nearest road We nd area /D ?- acres Wetland vvidt eet Date 4 " Wetla type (select one)* Bottomland hardwood forest ? Headwater forest ? Swamp forest ? Wet flat ? Pocosin /p/O.V 4 ? Pine savai ? FreshwaU ? Estuarine ? Ephemera ? Carolina E marshes or stream channels *The rating system cannot be applied to salt ?.{ weight ' Water storage x 4.00 / Wetland Score Bank/Shoreline stabilization x 4.00 = -' Pollutant removal x 5.00 Wildlife habitat x 2.00 = :" Aquatic life value _ x 4.00 r / Recreation/Education x 1.00 = ?5 * Add 1 point if in sensitive watershed and > 10% nonpoint disturbance within 1 /2 mile upstream, upslope, or radius ; q Soil & Environmental Consultants, Inc. 3k[244 West Millbrook Road ¦ Raleigh, North Carolina 27609 ¦ (919) 846-5900 ¦ Fax (919) 846-9467 NCDEH&NR-DEM Attn: Mr. John Dorney 4401 Reedy Creek Road Raleigh, NC 27607 Dear Messrs. McLendon and Dorney: May 30,1995 US Army Corps of Engineerg r~ " n71r Attn: Mr. Scott McLendon i P.O. Box 1890 56(;l Z - Nor ? ;, Wilmington, NC 28402 The purpose of this letter is to request Nationwide Permits 14, 18, and 26, and a Section 401 Water Quality Certification for the project to be known as Lancaster at Westin. The project is located near Fayetteville, NC (Cumberland County) and is bordered by US Hwy. 401 on the northern boundary, Little Rockfish Creek on the southern boundary, and NCSR 1102 on the eastern boundary; as shown on the enclosed plans and Cliffdale, NC, USGS Topo Quad vicinity map. The delineation of wetland areas has been approved by Mr. Scott McLendon of the U.S. Army Corps of Engineers. Impacts to wetlands will be required for the infrastructure of a residential development; lot fill is minimal, totaling 0.07 acres under Nationwide Permit 26. It will be necessary to impact 0.61 acres (see map) of jurisdictional wetlands above, and adjacent to, headwaters for placement of some of the proposed roadways and lot. A total of 0.07 acres of wetlands above headwaters will be filled for the placement of lots under Nationwide 26. A total of 0.44 acres (see map) will be filled for road crossings, 0.36 acres under Nationwide Permit 14 and 0.08 acres under Nationwide Permit 26. The road crossings are perpendicular to wetland alignments, in order to minimize impacts. Impacts to wetlands adjacent to headwaters under Nationwide Permit 18 totals 0.10 acres. 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, N.C. Cultural Resources, Ken Averette (DEM) 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. If you intend to perform a site visit please call and we will arrange for someone to accompany you. Sincerely, C? " C' 4?? Kevin C. Martin, President cc: (with enclosures) David Franklin, Wilmington Corps USF&WS N.C. Cultural Resources Ken Averette, DEM Fayetteville Regional Office National Marine Fisheries Service DEM ID: ACTION ID: Nationwide Permit Requested (Provide Nationwide Permit #): 26, 14, & 18 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 ENVIRONMENTAL MANAGEMENT NC DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES 4401 Reedy Creek Road Raleigh, NC 27607 ATTN: MR. JOHN DORNEY Telephone (919) 733-1786 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: EDMUND MCNAIR WILLIAMS 2. Owners Address: 22900 ABERDEEN HWY, LAURINBURG, NC 28352 3. Owners Phone Number (Home): (910) 276-3558 (Work): 4. If Applicable: Agent's name or responsible corporate official, address, phone number: Soil and Environmental Consultants Ph: 919/846-5900 244 W. Millbrook Road Raleigh, NC 27609 5. Location of work (MUST ATTACH MAP). County: CUMBERLAND COUNTY, NC Nearest Town or City: FAYETTEVILLE, NC Specific Location (Include road numbers, landmarks, etc.): SOUTH OF U.S. HWY 401, NORTH OF LITTLE ROCKFISH CREEK, AND WEST OF NCSR 1102. AS PER ATTACHED CLIFFDALE, N.C, USGS TOPO QUAD 6. Name of Closest Stream/River: LITTLE ROCKFISH CREEK 7. River Basin: CAPE FEAR RIVER BASIN 8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WSI, or WS II? 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: 10 ACRES 11. Number of acres of waters of the U.S. including wetlands, impacted by the proposed project: NW26 NW14 NW18 Filled: 0.15 0.36 0.10 Drained: Flooded: Excavated: Total Impacted: 0.15 0.36 0.10 12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): IMPACTS FOR PROPOSED RESIDENTIAL DEVELOPMENT; INCLUDING IMPACTS FOR: LOTS, ROADS, AND DRIVEWAYS. 13. Purpose of proposed work: INFRASTRUCTURE FOR PROPOSED RESIDENTIAL DEVELOPMENT, INCLUDING: LOTS, AND ROADWAYS 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 CROSSED PERPENDICULAR TO FLOW TO ACCESS HIGHGROUND, DEPT. OF TRANSPORTATION LIMITS NUMBER OF ACCESSES TO SUBDIVISION. 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. Welland 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 delineation line. D. If a stormwater management plan is required for this project, attach copy. E. What is land use of surrounding property? AGRICULTURAL AND RESIDENTIAL F. If applicable, what is proposed method of sewage disposal? SANITARY SEWER C? - / C Ci '11/?s-- Agent's Signature Date MY-22-1995 09 t 0i 05119/1995 15:39 FROM MOORMRN-KIZER-REITZEL 9x96469467 TO 19102752557 P.03 r'RRat ne- TO BE COMPLETED BY CCURREW PROPERTY OWNER NO ,EACVN£ - Name: , jt=-17N1-ON p 1?G?lA?/z ),-l, I A,ddrm: _ z. 2 g d o F? F N Addrea: _ /? v 2? N c3c?6z 6 . C 2 Phones / O 2 (0 5? g project Neuonc/I?+cription: The Deputnent of the Army UZ. Army Cm;* of U,gh-eem Witmhq;wrt Duct 1'O Box 1890 Wfini tg? NIC 2W Attn: Meld office: ?C1 IJC. Re: Wedmda Related Cgratsv 6xV and FemltthAg TO Whom it Mqy cmwem 4 the rummt VMM owner, kicreby destgmft m%d authodoe- Soil and lUmiir(mmental C;OM%dtanta„ Im, W act it my behalf as my ag4rkt to t* Proces;nS of pemit opp"ttons, to Ik:aa6h upon request suppLemcnW info:r=smo n in auppott of appucanon9, ei?c. from this day forward. 'this theme day of • .w TI& wt&ati t aaperdedes MY previous cotmpondemee eoneeni ft the agent for this projoa rm Owners Name: rc: Mr. John Dommy N.tr. Depax tent of MI & m Uivicicm of Env. Mgt Water Quality puacv % 4401 Reedy Creek Vwad Raleigh, NC 27607 r"-gg Owner6 Sipwhtre: Mr. XCev1n C. Martin Soil and IRnvfro =enW Gonsslb?cds, Inc. * p?pp?c?X1 M?? 3UVrvns C L 1 F D A L E, N_ C G" SEA CLIFDALE 15QUADRAN N3500 - .W7900/7.5 MILS 1948 20 MILS PHOTOREVISED 1982 DMA 5154 II SE SERIES V842 SCALE 1:24 000 I 0 1 MILL --?- -- 3_ -::--?7-?3- _ --------------- 1000 0 1000 2000 3000 4000 5000 6000 7000 FEET [3_H-7 -E3-- - - ---z---- --?_ { 1 5 0 1 KILOMLTER -- r,nnjjoIIP INTFRVAI 1Tl FFFT 9q - . I I ? ? Delineation Performed by: Soil and Farvirozunental Consultants, Inc. 244 W. Millbrook Road Raleigh,. NC 27609 Ph: 919/8465900 DATA FORM ROUTINE WETLAND MI' MNIINATION (1987 COE Wetlands Delineation Manual) Project/Site: t, j 11 t t 4,'y%i C? tinw?e.? ? ? ?? t? 15LCI4 Date: a - (3 " c? ? APPhrlant/Owner. tat County: f-1Gat ?lv1.NJ Investigator. State: Alf Do Normal Circumstances exist on the site Ye No Community ID: Is the site significantly disturbed (Atypical Situation)? Y ransect M: Is the area a potential Problem Area? Y Plot ID: (If needed, explain on reverse.) VEGETATION Dominant Plant Species Stratum Indicator PwvM" an,.ea G ??T_ 2-gyalf UL 1,4,) =a ?/ 3 Y / ?- 5. rx"c oy-4 ?t - - 6.PICLA fubV-ur,, C1 7, cco , ut cop,-%% Dominant Plant Species 9. feAa ?, 7Ot?+ bOVIa . 10. 1: Ifrano • a.l o'k.1.a 11 F, M I2 13. 14- 15. 16. Stratum Indicator WS ba S4 ML Percent of Dominant species that are OBL, FACW or FAC (excluding FAC-). Remarks: 51= SI1"b -Tr"/c, . TfeI S'o.? 0 IN•fb V t HYDROLOGY Recorded Data (Describe in Remarks) Stream, Lake, or Tide Gauge Aerial Photographs Other No Recorded Data Available Field Observations: Depth to Surface Water. D -(in.) Depth to Free Water in Pit lYA"s l U (in.) Dept,. co Saturated Soil lAb 10 (in.) Wetland Hydrology Indicators: Primary ndicatorw Inundated %/- _Saturated in Upper 12 inches __AZWater Marks ...Drift Lines -Sediment Deposits -?-Drainage Patterns in Wetlands Secondary Indicators (2 or more required): ? Oxidized Root Channels in upper 12 inches Water-Stained Leaves ? i,ocal Soil Survey Data j SOILS Map Unit Name (Series and Phase):, lVt$ 1(jG,Vh Drainage Class s:V? t? Field Observations J Taxonomy(Subgmup): L UVWQ.(,,'S Confirm Mapped Type? Yes No Profile Description Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (ins Horizon unsellMoist WunsellMoist) Abundance /Contrast Structure etc. -A_ Q%f 3 LOOLV h 4L 61 4h- Hydric Soil Indicators: Histosol Concretions Histic Epipedon ?gh Organic Content in Surface Layer in Sandy Soil -'Sulfidic Odor rganic making in Sandy Soils Aquic Moisture Regime Listed on Local Hydric Soils List -?Reducing Conditions ted on National Hydricc Soils List =Gleyed or Low-Chroma Colors Other (Explain in Remarks) Remarks: Wetland Determination Hydrophytic Vegetation Present?< s No (Circle) Is this Sampling Point Within a Wetland? Wetland Hydrology Present? crre3 No Qrcle) Hvdric Soils Present? No YF Nn Remarks: . t Ue(,MO qq - i9T(7 Delineation Performed by: Soil and Environmental Consultants, Inc 244 W. MilIbrook Road Raleigh,. NC 27609 Ph 919/8465900 DATA FORM ROUTINE WETLAND DXI MAIINATION (] 987 COE Wetlands Delieation 41anual) Project/Site: 1( ?? ( 4411S e(w rA. A L 10,15 nkpabe: I a ' 13 - c1 Applidant/Owner. rVV*WIO&l 7-1ai' County. C .FY1 t_?AN? Investigator. Sy,n(- 4,- / t .? 5 Stater[,. U Do Normal Circumstances exist on the site? ®e No Community ID: is the site significantly disturbed (Atypical Situation)? Yes Transect M: Is the area a potential Problem Area? Yes& Plot ID: (If needed, explain on reverse.) Stratum dicator Dominant Plant S ecie_s Stratum Indicator 12.Ecvuc0?_a..t,CIVca, T 13. 15 16. Percent of Dominant species that are OBL, FACW or FAC, (excluding FAC-). 00// Remarks: N K q 1f\'jL HYDROLOGY LM Recorded Data (Describe in Remarks): Stream, Lake, or Tide Gauge Aerial Photographs Other No Recorded Data Available Field.Observations: Depth to Surface Water: 'V `1 (in.) Depth to Free Water in Pit: (in.) Depth to Saturated SoiL• (in. ) Wetland Hydrology Indicators: PrL,nVLry Indicators: A-k-Inundated Saturated in Upper 12 inches Water Marks Drift Lines Sediment Deposits Drainage Patterns in Wetlands Secon Indicators (2 or more required): Oxidized Root Channels in upper 12 inches Water-Stained Leaves Local Soil Survey Lu,,a VEGETATION SOILS Map Unit Name (Series and Phase): Drainage Class:1?? ?lJat/I?LQ 1 Field Observations Taxonomy(Subgroup):--Pfl/f Confirm Mapped Type? Yes No Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions finni a r?i Horizon unsell Moist .? ?oy?. s a 16 4 •6/ Hydric Soil Indicators: (MunsellMoist) Abundance /Contrast Structure eir- I EA-Hist osol NA Concretions Histic Epipedon High Organic Content in Surface Layer in Sandy Soil Sulfidic Odor Organic Streaking in Sandy Soils Aquic Moisture Regime Listed on Local Hydric Soils List Reducing Conditions Listed on National Hydric Soils List Gleyed or Low-Cluoma Colors TOther (Explain in Remarks) Remarks: Wetland Determination Hydrophytic Vegetation Present? Yes (Circle) Is this Sampling Point Within a Wetland? Wetland Hydrology Present? Yes 1?. Hvd is Soils Present? Yes Y<?Nd Remarks: