HomeMy WebLinkAbout19950039 Ver 1_COMPLETE FILE_19950214State 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
APPROVAL of 401 Water Quality Certification
Sunset Lake Ltd. Partnership
1330 Ashleybrook Lane
Winston-Salem, N.C. 27103
Dear Sirs:
?EHNR
May 1, 1995
Wake County
DEM Project # 95039
FILE COP'
You have our approval to place fill material in 0.44 acres of wetlands or waters for the purpose
of Devils Ridge (SSL Limited Partnership) at SR 1393 and SR 1152, as you described in your
application dated 12 January 1995. After reviewing your revised application, we have decided that this
fill is covered by General Water Quality Certification Numbers 2664 and 2671. These certifications
allow you to use Nationwide Permit Numbers 12 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. 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 30 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 Domey at 919-733-1786.
Sincerely,
P ston Howard, Jr E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DEM Regional Office
Mr. John Domey
Central Files
Kevin Martin; Soil and Environmental Consultants
95039.1tr
P.O, Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496
An Equal Opportunity Aff,mative Action Employer 50% recycled/ 1096 post-consumer paper
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:1;244 Soil & Environmental Consultants, Inc.
West Millbrook Road ¦ Raleigh, North Carolina 27609 ¦ (919) 846-5900 ¦ Fax (919) 846-9467
January 12, 1995
NRCD-DEM
Attn: Mr. John Dorney
4401 Reedy Creek Rd.
Raleigh, NC 27607
USACOE
Attn: Ms. Amy Ohlberg
6512 Falls of the Neuse Rd., Sbe.105
Raleigh, NC 27615-6846
Dear Mr. Dorney and Ms. Ohlberg:
The purpose of this letter is to request revisions to an existing Section 401 Water
Quality Certification and Nationwide Permits for the project previously known
as the Sunset West Development currently called Devils Ridge owned by SSL
Limited Partnership. The project is located near Holly Springs, NC (Wake
County) and is bordered by SR #1393, SR # 1152 and Basal Creek as shown on
the enclosed plans. The original permits were for a golf course and two different
residential developments each owned by a different entity but for regulatory
purposes they were considered one project.
Our firm has performed the detailed wetland delineation shown on the attached
map for new property added to the project and revised the old delineation by
Needham, Jernigan and Associates for the old sections. These delienations have
been approved by Mr. Eric Alsmeyer and/or Ms. Amy Ohlberg of the U.S. Army
Corps of Engineers.
Fill in the wetlands will be required to utilize the property for residential
development utilities and roads. Significant revisions were made to the
proposed development plan of the new tract which minimized wetland impacts.
Total impacts by the current plan in this area are .439 acres (see map) of wool
jurisdictional wetlands above headwaters for placement of the proposed
development. .29 Acres (see map) will be filled under Nationwide Permit 26
and .149 acres will be impacted by utility lines. (See attached 26 large plan.)
Previously our client was permitted to impact.59 acres in this area (see attaacl
small plan).
Previously a total 43.34 a res was authorized for the entire development (bc
residential areas an a olf). Nationwide Permit 14 acreage was.51 and
Nationwide 26 was 2.83 acres.
- .
C".:.
a
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,
T,,t? G 04k?
Kevin C. Martin,
President
Encs.
cc: Mr. Danny Smith (DEM)
Mr. David Franklin (Wilmington Corps)
USF&WS
NC Dept of Cultural Resources
National Marine Fisheries
KCM/jmb
DEM ID: ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #):
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) 2514511
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. Box 29535
Raleigh, NC 27626-0535
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: Sunset Lake Limited Partnership
2. Owners Address: 1330 Ashleybrook Ln., Winston-Salem, NC 27103
3. Owners Phone Number (Home): (Work): 919/765-0160
4. If Applicable: Agent's name or responsible corporate official, address, phone number.
Soil and Environmental Consultants, Inc .919/846-5900
244 W. Millbrook Rd.
Raleigh, NC 27609
5. Location of work (MUST ATTACH MAP). County: Wake
Nearest Town or City: Holly Springs
Specific Location (Include road numbers, landmarks, etc.): A d j a c e n t t o S r 13 9 3, S r 115 2
and Basal Creek
6. Name of Closest Stream/River. Basal Creek
7. River Basin: N P u s P
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO [q
9. Have any Section 404 permits been previously requested for use on this property? YES [x ] NO [ ]
If yes, explain.
ave-
a cc,?r,a r
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
unknown
11. Number of acres of waters of the U.S., including wetlands, im cted by the proposed project:
Filled: Cec?uc?onll,, lac: L
Drained: 2 AIcIA ?e 4e S , `
Flooded: .? c t P ??? - u w Qa k1 S: 3 ea I Cr C
Excavated: ??me yr ?,?t?o?\y bcL u feA
Total Imvacted: o ??e t S ar e n r d n-o S ?c7? e
C?1-1?-19y? fit,: or i.. r i,:ul i Ut, i HIY r NUt Lt. i i L--I+
12. Desedptioa ofprupowd work (Attach PLANS-8 Ill" X II" map ady)= development
Construction of roads, lots and utilities ties for
res"id
13. pwpoae ofp gored wodC E x a n
14. State rbasotis wiry the applieawt bsliev"t1?i[vi?y t be canted out in wedauds. Also, note mcASUtes .
tea t0 wgtlmt?d Wp?Cts See a ? a c t1 e letter from S & E C .
1S. You to to contact the U.S. Pish ad Wadlih Service MSFWS) SlWor Nativoa1114at1Ae Fuheaies Service
(TtMFS) m w?tho practice at auY FaderQ Z Usf or proposed for li Saud uBerod a tlareateaod ?excis or critical
babttat io patih am that may be aff, the propoeod projoct. Have yoo dace so? YES ( j NO [ j - :,
RESPONSES PRO14 THE USPW3 ANviolt Nmn SHOULD BE PoRWARDED TO CORPS.
16. You are required to eoutact to ItW Hbtadc Pmomatioa Officer (SHPO) m Izib S the preseaec of historic
pt+opo+rpew In the permit area which may be aaveled by the Pia projrct? Haws you done so? YES (x ) NO t l
ROPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Addidowd infotmadon required by DIM:
A. WWwd d4u ad= asap dwwtng all watlaads, am m and labs m the pmpaty.
B. U avdiabla, repsuorttative phmpropb of wedsn& to be bWacaed by project.
C. if delinaadon was performed by a cooaultent, Include al! daft sheets reievaot to the phwernent of the
delineatiou lim -
D. V a #Mmwater mawip=att plan Is required for this projaM attadt OM.
L What is lard UN of avtronn"g Pr'Op017? ...E P-s i d e i jj or .$i1 r a--L P?telaPe d -
F if appbcabie, what Is proposed methOtl of eowa6e dispaal? mu n i c i p a 1 ew
' ?j L S 'r ?/'!L
OWMI iPatM Date
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State of North Carolina 3A
Department of Environment,
Health and Natural Resources
Division of Environmental Management A"&T4*A
James B. Hunt, Governor
p E H N FR
Jonathan B. Howes, , Secretary
A. Preston Howard, Jr., P.E., Director
March 3, 1995
Mr. Kevin Martin
Soil and Environmental Consultants, Inc.
244 West Millbrook Road
Raleigh, NC 27609
Dear Mr. Martin:
Subject: Revisions to 401 Water Quality Certification for Devils Ridge
Staff from this office have reviewed your January 12 request on
behalf of Sunset Lake Limited Partnership for revisions to an existing
401 Water Quality Certification. In order to keep our record of
wetland fill complete and accurate, we will require additional
information from your office. Please provide us with two legible
maps showing wetland impacts for the project as it was originally
submitted as well as the revised project. The wetland impacts
should be labelled with the acreage of impact and the permit type
(i.e. NW12, NW14, or NW26).
We will be able to process your request for this revision when we
have the additional information. Thank you for your assistance with
this matter.
Sincer ,
J n R. orne Supervisor
etlands and echnical Review Group
Jcc: Sunset Lake Limited Partnership
RO. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496
An Equal opportunity Affirmative Action rmployer 50% recycled/ 10% post-consumer paper
t
NRCD-DEM
January 12, 1995
/o?) I
T_
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C?
ultants, Inc.
244 West Millbrook Road ¦ Raleigh, North Carolina 27609 ¦ (919) 846-5900 ¦ Fax (919) 846-9467
Attn: Mr. John Dorney
4401 Reedy Creek Rd.
Raleigh, NC 27607
Dear Mr. Dorney and Ms. Ohlberg:
USACOE
Attn: Ms. Amy Ohlberg
6512 Falls of the Neuse Rd., Ste. 105
Raleigh, NC 27615-6846
The purpose of this letter is to request revisions to an existing Section 401 Water
Quality Certification and Nationwide Permits for the project previously known
as the Sunset West Development currently called Devils Ridge owned by SSL
Limited Partnership. The project is located near Holly Springs, NC (Wake
County) and is bordered by SR #1393, SR # 1152 and Basal Creek as shown on
the enclosed plans. The original permits were for a golf course and two different
residential developments each owned by a different entity but for regulatory
purposes they were considered one project
Our firm has performed the detailed wetland delineation shown on the attached
map for new property added to the project and revised the old delineation by
Needham, Jernigan and Associates for the old sections. These delienations have
been approved by Mr. Eric Alsmeyer and/or Ms. Amy Ohlberg of the U.S. Army
Corps of Engineers.
Fill in the wetlands will be required to utilize the property for residential
development utilities and roads. Significant revisions were made to the
proposed development plan of the new tract which minimized wetland impacts. ; 5
?--.J mow'
'''
Total impacts by the current plan in this area are .439 acres (see map) of woode c- C
jurisdictional wetlands above headwaters for placement of the proposed rl
development .29 Acres (see map) will be filled under Nationwide Permit 26
and .149 acres will be impacted by utility lines. (See attached 26 large plan.) ,._.
Previously our client was permitted to impact.59 acres in this area (see attache'__a
small plan).
Previously a total of 3.34 acres was authorized for the entire development (both
residential areas and the golf). Nationwide Permit 14 acreage was .51 and
Nationwide 26 was 2.83 acres.
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,
?eZ,`
Kevin C. Martin,
President
Encs.
cc: Mr. Danny Smith (DEM)
Mr. David Franklin (Wilmington Corps)
USF&WS
NC Dept of Cultural Resources
National Marine Fisheries
KCM/jmb
DEM ID:
ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #):
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
P.O. Box 29535
Raleigh, NC 27626-0535
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: Sunset Lake Limited Partnership
2. Owners Address: 1330 Ashleybrook Ln., Winston-Salem, NC 27103
3. Owners Phone Number (Home):
(Work): 91 9 L7 6 6- 01 6 0
4. If Applicable: Agent's name or responsible corporate official, address, phone number.
Soil and Environmental Consultants, Inc
244 W. Millbrook Rd.
919/846-5900
Raleigh, NC 27609
5. Location of work (MUST ATTACH MAP). County: Wake
Nearest Town or City: Holly Springs
Specific Location (Include road numbers, landmarks, etc.): Adjacent to 8r 1393, Sr 1152
and Basal Creek
6. Name of Closest Stream/River. Basal Creek
7. River Basin: N P 1] s P
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO [x]
9. Have any Section 404 permits been previously requested for use on this property? YES [x ] NO [ ]
If yes, explain. See-attached S&EC letter ToNuVw,4oAs ace- VtN_ ,,n2s
lc o n
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
unknown
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: `
Filled: \ S GJC e A, C+ ko Y\ • L?CQ L
Drained: e C"k c A `e e S
Flooded: C u c ??? -b't«\ w Qv k? s 3% a
Excavated: lam, roe ?..,? C,? t? a c.4 D c u f e?Q
Total Impacted: _ o} t S a v e Q 4 !O-n.0 S eck
01-12- I'J 3 o Ot, ? ,_ ?f I • r r.i.,l , [Jh I f 11 v r r.ur u, I «-„ A I
12. Dosoription of pcvposod work (Attach PLANS-8 111' X 11" drowinp ody): deve1o
Construction of roads, lots and utilities for residt-ntjal - pment-=
13. Purpose orytoposed wort ,E x a
la. State reasens why the applicapt tKlievZS?lut t1us? ctivtr t be carried out in wetlands. Also, note measures .
taken to minimlZO wttlimd impsKU e e a a c eal e t t e r from S& E C.
1S. You an to contact the V.S. Dish ad WadUh Sesviae MSPWS) and/or Nativoal Marine Fuharies Service
=rtg the press oraAy Pe UsW or p vposed for Usdng eta&mgaod a tt rmcaod specie or critical WMA area that may be affected the proposed project. Have Yoe donc so? YES( NO[
)
RESPONSM FROM 'T M USVWS ANDlOR NIB'S SWKW BE FORWARDED TO CORPS.
16. You are roquimd w contact ft SuDe Histatk Pm vadcm Of m (SHPO) r ag the presence of hintorie
properpew to dw permit area which may be affootcd by Uw pmiosed project? HAvo YOU dove so? YES [x ) NO [ l..: .
ROPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORM.
17. Addidoal information req+aited by VEX
A. WcdmW dtaUDaWon map showing all wadods, aUOtrtt3, and Wzs oa the property.
B. If available, tevpresanta6ve photopapb of wetlands to be impacted by project.
C. N delirmstion was performed by a omisultant, Include aH dots shorts relevant to the ph cement of the
delineation line.
D. 9 a saormwaaw amnagennut plan is voqu vd for this p vjmt, sttadt dopy.
8. Wbat is land tub of iui amding property? „ Fes id ee nit J a I ,$ u r a t 11 e v a 1 e pig d
F. if applicabka when Is proposed method of wwaie d qMW? municipal ew r
5LL S .. /u
0WOU' iPUM Data
TOTAL P.01
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Wetland type (select one)*
? Bottomland hardwood forest El Pine savanna
i
i' 2rHeadwater forest ? Freshwater marsh
? Swamp forest ? Bog/fen
r. ? Wet flat ? Ephemeral wetland
? Carolina Bay
? Pocosin
? Bog forest ? Other
19
*The rating system cannot be applied to salt or brackish marshes or stream channels
n weight
IN x 4.00
Water storage
Wetland Score
% Q Bank/Shoreline stabilization x 4.00 =
r i
VV% * x 5.00 =
??
ollutant removal
=
ir' Wildlife habitat _L- x 2.00
S Aquatic life valued x 4.00 =
UV Recreation/Education x 1.00 =
Add 1 point if in sensitive watershed and > 10% nonpoint disturbance within 1/2 mile upstream, upslope, or radius ;
57
15 Feb. 1995
Sunset Lake Limited Partnership - Revision
Wake County
Please note: As per a request from Kevin Martin, I waited to
schedule this (# 00039 ) project until I received the adjacent
Sunset Phase - Sunset Lake West 401 package (#00087).
On the attached map labeled as #1, the previous approved wetland
impacts have been indicated. Apparently, the developer chose a
different "lay out" for the subdivision (see map #2). All of the
subject wetland impacts on map #2 have already been complete. S&EC
indicated in the attached letter the subject wetland impacts are
less than originally permitted total.
Since I was unable to find RRO's initial file for this project and
due to the lack of clarity of the permit application I offer the
following comments:
1) It appears that the applicant decided to "swap" impact
acreage between both NW 14 and NW 26. As a result, impacts from
road crossing to wetland that housed significant function have
occurred.
2) The road crossings that are indicated on the attached map
#2 parallel large section of wetlands and waters of the state (vs
crossing perpendicular). Also, paved streets and completed single
family houses are already in place along these impacts.
3) From visual inspection of both maps #1 and #2 it is unclear
if the total wetland impact acreage is accurately depicted in the
application.
Sunset Lake is a multi-phase project. If appropriate under
current DEM policy, this portion of the Sunset Lake project
warrants mitigatory requirements from Division. Also, current work
on an additional phase of this project has also resulted in
significant wetland impacts without receipt of a WQ
Certification... please see Sunset Lake West Package.
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