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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 A? :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 TOTAL P.01 us \ \ 1 I I I / 1 1 ? I ? I \ \ 1 1 \ dop { /? 1 1 ? , I 1\ 1 / AARGE 1 + >r, I I I ? ? ? 1 I I i `ll ? •1 I \ _ I c? c? ? ? c ceG e 1 , • I I \, 1 ' 1 1 I -, dlet 1 ? I 1 1` I I I 1 i"? ` ; 41D Ohm 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_ l ")F 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 ?'-/. ?.? 1 ( ?1 ? i ice- _ _ _ _ _ _ _ _ ? \ ? t ?J 1 _ r 1 ww `` 1 ? 1 i - I `? ? rg \1 1 1 I I I / 1 I l i 1 1 I ? 1 1 ? ? ? I I 1 1 /\ -5 1 1 I i 1A - \ ` 1 y 5 I 1 1 I /\ ? /1 I \ ? \1 I 1 1 1/ / \'OA14G L 1 Akrzx? 4?QQ(OS?? ?..? 1 acceG e I ? I v`1 0+ ? \ I 1 \ 1 ' 5N 4 3 -?, , 1 ? 1' I I I ' 1` ? L •. 1 I 1 . I ? C.? Li` i I-S AL- t ? ? ,? r ? ? (` a o•-? Gr--? r s ??? CA. a .? ?'? e. S S o C- 6.,-_ ? ?„? ? fir- ??-? -?• ? ?--??„L.. ?0,?--_ d`?S-Q- ctyf TT 4b -4za v-, i Z S 11 7/'? 3 4,v G ?tGC2LL ?v L / 7 LvZ'?/Gf rt r" Xxv y, f ? ;1 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. /ds F P 1, -{ i t- :1 ra 01 14 P . r rFI :(_+1 -,-F -, - „'i i.-1' • X19' a I b, -.900,