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HomeMy WebLinkAbout19950788 Ver 1_COMPLETE FILE_19951012State 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 A&LIFNWAA ID EHNR November 16, 1995 Wake County DEM Project # 95788 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Ms. Mildred Lewey 6705 Lewey Drive Apex, NC 27502 Dear Ms. Lewey: FILE COP" You have our approval to place fill material in 0.417 acres of wetlands or waters for the purpose of constructing the Lewey Farms Subdivision at SR1610, as you described in your application dated 6 October 1995. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Numbers 3022, 2732 and 2671. These certifications allow you to use Nationwide Permit Numbers 12, 14 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 or similar measures shall be placed on all lots with jurisdictional wetlands to prevent future fill. Fill shall not be placed in wetlands on lots 263, 272, 273, 236 and 237. Stormwater from the cul-de-sac and nearby lots shall be directed to flow into the wetland on lot 263 to maintain its hydrology. 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 Domey at 919-733-1786. Sincerely„ 1 LnHlard, tJr. P. . Attachment J 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 95788.1tr 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 i__i .• 11rO..! t°1 1 1 -; J 1 1. i v o i 'Lo k? tlot al ? -76 Project Name -- County - ---? Name rj evaluator 7 J,l n ?J Nearest Road Wetland Area acres Wetland Width feet n)76 Date 1 v 1 (f - rWetland Location - on pond or lake _ on perennial stream _1,,-6n intermittent stream _ within interstream divide other Soil series predominantly organic - humus, muck, or peat `predominantly mineral - non-sandy - predominantly sandy Hydraulic factors steep topography ditched or channelized total wetland width Z 100 feet Adjacent land use (within 1/2 mile upstream, upslope, or radius) forested/natural vegetation % ft) agriculture, urban/suburban % - impervious surface % Dominant y eg tat'on (1) (2) (3) cat, Flooding and wetness semipermanently to permanently flooded or inundated _ seasonally flooded or inundated intermittanly flooded or temporary surface water _ no evidence of flooding or surface water Wetland type (select one)* Bottomland hardwood forest _ Pine savanna -ieadwater forest Freshwater marsh Swamp forest - Bog/fen Wet flat - Ephemeral wetland _ Pocosin Carolina Bay Bog forest _ Other ___________ *the rating -system cannot be applied to_salt or brackish marshes or stream channels R Water storage 2 weight J x 4.00 = Wetland A Bank/Shoreline stabilization 3 x 4.00 = Rating T ollutant removal 3 - x 5.00 - Q I Wildlife habitat 1 - x 200- N Aquatic life value I x 4.00 = 2 G Recreation/Education x 1.00 = *Add 1 point if in sensitive watershe d and >10% nonpoint disturbance within 1/2 mile upstream, u slo e, or radius ___ -------------------------------- ---------------------------------- ------------ ---------------- :1 A 2 0 C15-7 gg 1 46 Soil & Environmental Consultants, Inc. 244 West Millbrook Road ¦ Raleigh, North Carolina 27609 ¦ (919) 846-5900 ¦ Fax (919) 846-9467 October 6,1995 NRCD - DEM Attn: Mr. John Dorney PO Box 29535 Raleigh, NC 27626 Dear Mr. Dorney and N^° The purpose of this L Permits 12,14 and 26 of the Lewey Farms S (Wake County) and is White Oak Creek; as sI The wetland delineatior Brandon DeRosa of the I E wk ?;e Nationwide the establishment in Apex, NC ), and south of 3ved by Mr. It will be necessary to iml i"waters of the US" for placement of t .2, 0.063 acres for proposed roads under. acres for lots and the dam under Nationwide 26. In o _...,,uze impacts the dam was located away from vegetated wetlands and aligned to be perpendicular to the wetland channel. The resulting pool of the permanent sediment control/wet detention pond will flood a total of 0.060 acres of jurisdictional wetlands and "waters of the US" under Nationwide 26. The subsequent natural conversion of the pond margin and areas upstream of the pool to wetland (an estimated 1.08 acres including the pool) will help offset losses caused by construction. Although a sedimentation and erosion plan will be installed to preserve water quality, the pond will provide additional benefits. Water storage, pollutant removal and aquatic habitat values will significantly increase. The DEM rating value for the wetland on the property was 54 (See attached form). US Army Corps of Engin Attn: Mr. Brandon Deno 01, 6512 Falls of the Neuse RT., §c ite 105 Raleigh 6846 OCT I 0 ICJ ti.... 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, Kevin C. Martin, President cc: (with enclosures) Chief Regultory Branch, Wilmington Corps Danny Smith, NC DEM North Carolina Dept. of Cultural Resources National Marine Fisheries Service US Fish & Wildlife Service KCM/jfs DEM ID: ACTION ID: Nationwide Permit Requested (Provide Nationwide Permit #) :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 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: Mildred A. Lewey 2. Owners Address : 6705 Lewey Drive Apex, North Carolina 27502 3. Owners Phone Number (Phone) : (919) 362-7752 (FAX) 4. If Applicable: Agent's name, address, phone number: Soil and Environmental Consultants phone: (919) 846-5900 244 W. Millbrook Road Raleigh, NC 27609 5. Location of work (MUST ATTACH MAP). County: Wake Nearest Town or city: Apex Specific Location (Include road numbers, landmarks, etc.) : East of NC Highway 55, north of SR 1610, and south of White Oak Creek. 6. Name of Closest Stream/River: White Oak 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 () 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: 0.7 acres 11. Number of acres of waters of the U.S. including wetlands, impacted by the proposed project: NW26 NW14 NW12 Filled: 0.437 0.063 0.024 Drained: Flooded: 0.060 Excavated: Total Impacted: 0.497 0.063 0.024 12. Description of proposed work (Attach plan-8 112" X 11" drawings only): Construction of a residential subdivision (see map). 13. Purpose of proposed work: To provide access to upland portions of the property. 14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures taken to minimize wetland impacts. The streams must be crossed to utilize uplands. Road crossings are all nearly at right angles to drains. Rear lot lines have been adjusted parallel to the wetland. Therefore the wetlands contained within lots will maintain some of their values and functions (eg. They may be cleared but not filled for the construction of the home). 15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service (NMFS) regarding the presence 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 delineation line. D. If a stormwater management plan is required for this project, attach cop3r. E. What is land use of surrounding property? residential development and agriculture. F. If applicable, what is proposed method of sewage disposal? Sanitary sewer. OMrgr o Sigtslaturo D?otcs hl, _ - ? ,- 13 '? 111 11 I Updiurch• 334. 94 -?/G //itj/ \` (. c 1 400 I-- x SITE 1 400 !v r r .. . vv ' ? )l f?l -/ ? v, f ? 1 1 ? ?? \ 1 1I ub? J .I. 44? I ? ( ??'c\? •Cem' I / } ?1 /? iPf?. I \I C`? ` .•' t aletn`il ' `? ?( ?LI•-\ APPROXIMATE SITE LOCATION LEWEY FARM SUBDIVISION FROM: C'ARY, NC, ., USGS, TOPO., QUAD. SC'A I.1 ? : 1:24000 A,0._l'' D COMPLEJl 1:'.J n? _?1?'+? $. 'C.'?A`?..J6i.•b??.7I. ??'?h? C YS ' 4 y , ` , yf f ` t1 P. ?? ..47 s Addmcn _?O7o ?o?.?o ;vc .-,Qp eX "VC Z7sot -? Phone: 2 - 7 '75 Project Naine/ Descriptio e_?? o ff, ?F?.-?'? ------------ - Elate: .7/565? rffte Department of the Arn-iy U.S. Army Corpu of Engineer. rrurYtu?}to1i a)i!iui4? PO Box 1890 Wilmington, NC 28402 Attu: Eric A19meyer Field Office: Raleigh Re-: Wetlands RelaW - Consultiatg ttxt6 r? ittisi a To Whom It May Concern; 1, the current property owner, hereby clesipate and aaatftnrize Soil and Environinentf?1 Consultants, Inc. to act in my behalf wj ray agent in the l?rocessini; of porrzut: applications, to furnish upon request 8uppl??menta3 ir.forr_>ation in aul?poyl of applications, etc. from this day forward. 11is the day a! ._._Su1 'T'his notification supersedes any pmvioti ,- wa?Yesportrience ,t,once•mdng the agent for this project. 1'ro f Owners Name N n ex hv i rs d8ignacc; Mr. John Dorney N.C. Department of 1;1-i &r, tJ Division of Env. Mgt. Water Quality Plannijir 4401 Reedy Creek ftwd Raleigh, NC 27607 I 0 995 tVi.r. Kevin C. Martin Soil and Entriraat?rcesa c.; Y ,., r ?? . c i , ru . ?)u vw Aq. Delineation Performed by: Soil and Environmental Consultants, Inc. 244 W. Millbrook Road Raleigh, NC 27609 Ph: 919/846-5900 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Date7?//_ l C -W? Project/Site: Applicant/Owner: Md - i-ed L'' U County: Investigator: <.?r State: Do Normal Circumstances exist on the site? ()Yes No Community ID: Is the site significantly disturbed (Atypical Situation)? Ye o Transect ID: Is the area a potential Problem Area? Ye N ' Plot ID: (If needed, explain on reverse.) _ VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1 c. , yl? c W 9. _ 2. C1 I F ? 10. 11 3.- . -- 4' AL L, 5 12. 13. . 14 . 7 15. g 16. _ Percent of Dominant Species that are OBL, FACW or FAC [ (excluding FAC-). Remarks: HYDROLOGY Recorded Data (Describe in Remarks): Stream, Lake, or Tide Gauge Aerial Photographs Other ,KNo Recorded Data Available Wetland Hydrology Indicators: Primary Indicators: Inundated Saturated in Upper 12 inches Water Marks Drift Lines Sediment Deposits -Drainage Patterns in Wetlands Secondary Indicators (2 or more required): yC Oxidized Root Channels in upper 12 inches Water-Stained Leaves Local Soil Survey Data FAC-Neutral Test Field Observations: Depths Surface Water: U (?•) Depth to Free Water in Pit: (in.) Depth to Saturated Soil:- b "i (in.) Other (Explain in Remarks) Remarks: SOILS Map Unit Name l (Series and Phase): 1 ? J 5464^ Drainage Class: C V r _ Field Observations Taxonomy(Subgroup): t aju ? U.0 Confirm Mapped Type? Yes Oo Profile Descriiption: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, H rizon Munsell Moist MunsellMoist Abundance/Contrast Structure etc. ?l U-K(j l Hydric Soil Indicators: Histosol Histic Epipedon Sulfidic Odor Aquic Moisture Regime Reducing Conditions _?4-Gleyed or Low-Chroma Colors Remarks: Concretions High Organic Content in Surface Layer in Sandy Soil Organic Streaking in Sandy Soils Listed on Local Hydric Soils List Listed on National Hydric Soils List Other (Explain in Remarks) Wetland Determination ) Hydrophytic Vegetation Present? ?Cee' No (Circle) Is this Sampling Point Within a Wetland? Wetland Hydrology Present? No (S?ircle) Hydric Soils Present? (ro No <& No Remarks: c u ?? ? l ? IN ? ? ? c ? 6k D-) ? ? a< ?Iid 1-0( v%CP p 5? ?7 Delineation Performed by: Soil and Environmental Consultants, Inc. 244 W. Millbrook Road Raleigh, NC 27609 Ph 919/846-5900 DATA FORM ROUTINE WETLAND DETERMINATION (1987 C PE Wetlands Delineation Manual) ??/' r('? Project/Site: Date: County: / Applicant/Own X1, I Investigator. ?GI " State: Do Normal Circumstances exist on the site? Is the site significantly disturbed (Atypical Situation)? Is the area a potential Problem Area? (If needed, explain on reverse.) VEGETATION Dominant Plant Species 4. 5. 7 No Community ID: Yes ransectID: YeKW Plot ID: _ Stratum Indicator •ee y(A-C' nc C - -e-e Do ant Plant Skies 10. 11. 12- 13. 14. 15. 16. Stratton Indicator i/2 - Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-). Remarks: HYDROLOGY Recorded Data (Describe in Remarks) Stream, Lake, or Tide Gauge Aerial Photographs Other No Recorded Data Available Field Observations: Depth4o Surface Water: ( ) Depth to Free Water in Pit: (in.) Depth to Saturated Soil;- Wetland Wetland Hydrology Indicators: _ Primary Indicators: Inundated Saturated in Upper 12 inches Water 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 Local Soil Survey Data FAC-Neutral Test Other (Explain in ..marks) SOILS Map Unit Name + a -O?r a (Series and Phase): -Drainage Class: Field Observations Taxonomy(Subgroup): i_ I??TT(?' X19 `? Confirm Mapped Type? Yes G Profile Description Depth Matrix Color Horizon unsell Moist Mottle Colors Mottle (MunsellMoist) Abundance/Contrast Texture, Concretions, Structure etc. ?E Hydric Soil Indicators: Histosol 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-Chroma Colors Other (Explain in Remarks) Remarks: Wetland Determination Hydrophytic Vegetation Present? Yes (Circle) Is this Sampling Point Within a Wetland? Wetland Hydrology Present? YesCN-7? (Circle Hydric Soils Present? Yes V`` Yes ?Olo Remarks: Wetland area C, acres Wetland type (select one)* ?uzy Lad aLad "? \ IrI width ----feet ? Bottomland hardwood forest ? Pine savanna ? Bog forest Headwater forest ? Freshwater marsh ? Bog/ fen O Swamp forest ? Estuarine fringe forest ? Seep ? Wet flat ? Ephemeral wetland ? Other ? Pocosin ? Carolina Bay *The rating system cannot be applied to salt or brackish marshes or stream channels weight R Water storage x 4.00 - Wetiand Score A Bank/Shoreline stabilization =r- x 4.00 - Pollutant removal.- * x 5.00 Wildlife habitat x 2.00 Aquatic life value ?- x 4.00 - s N Recreation/Education ?-. x 1.00 - `< G* Add 1 pant if in sensitive watershed and > 10% nonpoint disturbance within 1 /2 mile upstream, upslope, or radius 57 Name of evaluator ?^ ?? Date REPLY TO ATTENTION OF DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 August 21, 1995 Regulatory Branch Action ID No. 199504549 Mrs. Mildred A. Lewey 6705 Lewey Dr. Apex, NC 27502 Dear Mrs. Lewey: 50" Reference is made to the survey plat dated July 21, 1995, titled "Wetland Delineation Map for Mildred A. Lewey Tract". Specifically, the "Lewey Tract" is located north of S.R. 1610, east of Highway 55, adjacent to two unnamed tributaries to White Oak Creek, near Apex, in Wake County, North Carolina. The survey plat accurately reflects the limits of wetlands on the property as delineated by your consultant, Mr. Jamie Shearn with soil and Environmental Consultants, and field verified by Mr. Brandon DeRosa of my Raleigh Field office staff. Unless there is a change in the law or our published regulations, this determination of the limits of wetlands may be relied upon for a period not to exceed August 15, 2000. Enclosed is a copy of the plat and a copy of the survey data. Pursuant to Section 404 of the Clean Water Act, prior Department of the Army approval is required for the discharge of dredged or fill material in waters of the United States, including wetlands. If you have questions, please contact Mr. DeRosa, Raleigh Field Office, Regulatory Branch, telephone (919) 876-8441 ex 26. Sincerely, G. Wayne Wright Chief, Regulatory Branch Copy Furnished (without enclosure): 144-r. Jamie Shearn Sol and Environmental Consultants 244 West Millbrook Road Raleigh, North Carolina 27609 Pnnled on ® Recycled Paper • q -7gg • Soil & Environmental Consultants, Inc. t'2'44 West Millbrook Road ¦ Raleigh, North Carolina 27609 ¦ (919) 846-5900 ¦ Fax (919) 846-9467 t1p?? QC oN 00001-S NRCD -DEM Attn: Mr. John Dorney PO Box 29535 Raleigh, NC 27626 Dear Mr. Dorney and Mr. DeRosa: October 6,1995 US Army Corps of Engineers Attn: Mr. Brandon DeRosa 6512 Falls of the Neuse Rd, Suite 105 Raleigh, NC 27615-6846 The purpose of this letter is to inform you of the intent to utilize Nationwide Permits 12,14 and 26 to cover proposed wetland impacts from the establishment of the Lewey Farms Subdivision Project. The project is located in Apex, NC (Wake County) and is east of NC Highway 55, north of SR 1610, and south of White Oak Creek; as shown on the enclosed vicinity map. The wetland delineation has been reviewed in the field and approved by Mr. Brandon DeRosa of the U.S. Army Corps of Engineers. It will be necessary to impact 0.024 acres (see map) of wetlands and"waters of the US" for placement of the proposed utilities under Nationwide 12, 0.063 acres for proposed roads under Nationwide 14, and 0.437 acres for lots and the dam under Nationwide 26. In order to minimize impacts the dam was located away from vegetated wetlands and aligned to be perpendicular to the wetland channel. The resulting pool of the permanent sediment control/wet detention pond will flood a total of 0.060 acres of jurisdictional wetlands and "waters of the US" under Nationwide 26. The subsequent natural conversion of the pond margin and areas upstream of the pool to wetland (an estimated 1.08 acres including the pool) will help offset losses caused by construction. Although a sedimentation and erosion plan will be installed to preserve water quality, the pond will provide additional benefits. Water storage, pollutant removal and aquatic habitat values will significantly increase. The DEM rating value for the wetland on the property was 54 (See attached form). 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, Kevin C. Martin, President cc: (with enclosures) Chief Regultory Branch, Wilmington Corps Danny Smith, NC DEM North Carolina Dept. of Cultural Resources National Marine Fisheries Service US Fish & Wildlife Service KCM/jfs DEM ID: ACTION ID: Nationwide Permit Requested (Provide Nationwide Permit #):12,14,26 JOINT FORM FOR Nationwide permits that require notification to the Corps of Entineers 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 : Mildred A. Lewey 2. Owners Address : 6705 Lewey Drive Apex, North Carolina 27502 3. Owners Phone Number (Phone) : (919) 362-7752 (FAX) 4. If Applicable: Agent's name, address, phone number: Soil and Environmental Consultants phone: (919) 846-5900 244 W. Millbrook Road Raleigh, NC 27609 5. Location of work (MUST ATTACH MAP). County: Wake Nearest Town or City: Apex Specific Location (Include road numbers, landmarks, etc.) : East of NC Highway 55, north of SR 1610, and south of White Oak Creek. 6. Name of Closest Stream/River: White Oak 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 () 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: 0.7 acres 11. Number of acres of waters of the U.S. including wetlands, impacted by the proposed project: Filled: Drained: Flooded: Excavated: Total Impacted NW26 NW14 NW12 0.437 0.063 0.024 0.060 0.497 0.063 0.024 12. Description of proposed work (Attach plan-8 1/2" X 11" drawings only): Construction of a residential subdivision (see map). 13. Purpose of proposed work: To provide access to upland portions of the property. 14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures taken to minimize wetland impacts. The streams must be crossed to utilize uplands. Road crossings are all nearly at right angles to drains. Rear lot lines have been adjusted parallel to the wetland. Therefore the wetlands contained within lots will maintain some of their values and functions (eg. They may be cleared but not filled for the construction of the home). 15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service (NMFS) regarding the presence 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 delineation line. D. If a stormwater management plan is required for this project, attach copg. E. What is land use of surrounding property? residential development and agriculture. F. If applicable, what is proposed method of sewage disposal? Sanitary sewer. oarivr a signrsEurQ D?otp i oce V? II uAI ?a 34. 3r '?1 343 4 00 -; SITE, IV_ -- L i ?la dal J t'n _ - 4 .? .. ?l I 1 I l1 J ? o? ? ? tl . ° ?/ ? ?? /? ? ' 161E '7 Bm A, If d APPROXIMATE SITE LOCATION LEWEY FARM SUBDIVISION FROM: CARY, NC, ., USGS, TOPO., QUAD. SCALFI: 1:24000 '11"o BF CONIPLEI T'YJ i.,.,Y y. r..,. f47 Name: (??: ?dr e d A ?Q cJ? Addr i;s Atc Z7SO-L Phone: I'ro ect Name Dcx+critia; ;: ? e ? a ?u ? ?____-?_ Elate:.-/??--- 1be Department of the Army U.S. Army Corp-,; of irngin em i, Y JIM13 19t0A l Diy a i44 PC, BOX 1890 Wilmington, NC 284L12 Attn: F;ric Alsmeyer Field Office: Raleigh Re. Wetlands RelaW- Consulffi% oaiix, -t,?Attie a To Whom It May Concern: 1, the current prgpety owner, hereby c:estgitate and aul- iorize Soil and Environmentr?] Consultants, Inc. to act in my Whal.f wj irty agent in the processU-ig of pc7z- i f: applications, to furnish upon request gu.pplomiental in.forr_lation hi support of applications, etc. from this day forward. 11i; the .??_ day of ._ .Su1 __, This notification supersedes any p9?;,?icto.+. w:c?YrespaYtc?enc?> concen-zing the agent for this project. i Proxif,IU Owners Name: ;zt?xt-, . cc: Mr. John Domey N.C, Department of E- H ?Ir: Y-Jbl' Division of Env. Mgt. Water Quality Planning 4401 Reedy Creek Road Raleigh, NC 270(17 0 "195 1'04. Kevin C. Martin Soil anti ]wnV7iC)Xt;YYC'Sti-'; 3:, ; :, S"1? , Delineation Performed by: Soil and Environmental Consultants, Inc. 244 W. Millbrook Road Raleigh, NC 27609 Ph: 919/846-5900 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: ff-nL?' Jy Date: /IN/A`5- Applicant/Ow,per:?^ f-i- d County: -tl - InvestiQator: v' r << t State: 11L Do Normal Circumstances exist on the site? Is the site significantly disturbed (Atypical Situation)? Is the area a potential Problem Area? (If needed, explain on reverse.) VEGETATION Dominant Plant Species Stratum Indicator T 2. 3. y 5..?, 7. 8. <Yes Jo Community ID: Ye Q TransectID: Ye N'9' Plot ID: Dominant Plant Species Stratum Indicator 10. 11. 13. 14. 15. Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-). Remarks: HYDROLOGY Recorded Data (Describe in Remarks): Stream, Lake, or Tide Gauge Aerial Photographs Other No Recorded Data Available Field Observations: Dept Surface Water: (in ) Depth to Free Water in Pit: lb (in.) Depth to Saturated SoiL- 0 40 (in.) Wetland Hydrology Indicators: Primary Indicators: Inundated Saturated in Upper 12 inches Water Marks Drift Lines :'?=_Sediment Deposits S,:?_Drainage Patterns in Wetlands Secondary Indicators (2 or more required): Oxidized Root Channels ut upper 12 inches Water-Stained Leaves Local Soil Survey Data FAC-Neutral Test Other (Explain in Remarks) Rrmarks: SOILS Map Unit Name 1 ` (Series and Phase): ? J ?'7?'du Drainage Class: t???e11 Field Observations Taxonomy(Subgroup): Confirm Mapped Type? Yes io Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (ins.) H rizon Munsell Moist (M ell Moist Abundance/Contrast Structure etc. -?? O ?l CIL Hydric Soil Indicators: Histosol Histic Epipedon 'X' Sulfidic Odor ?Aquic Moisture Regime Reducing Conditions ?_Gleyed or Low-Chroma Colors Remarks: Concretions High Organic Content in Surface Layer in Sandy Soil Organic Streaking in Sandy Soils Listed on Local Hydric Soils List Listed on National Hydric Soils List Other (Explain in Remarks) Wetland Determination Hydrophytic Vegetation Present? No (Circle) Is this Sampling Point Within a Wetland? Wetland Hydrology Present? YP.S No (circle) Hydric Soils Present? es No ? No Remarks: Delineation Performed by: Soil and Environmental Consultants, Inc. 244 W. Millbrook Road Raleigh, NC 27609 Ph: 919/846-5900 DATA FORM ROUTINE WETLAND DETERN41NATION (1987 C PE Wetlands Delineation Manual) Date: c L14' " r Project/Site: h, y Applicant/01177.. ?1 ;-tile County: ZZ_ Investigator. ?l't State: ?C i?z?6 Do Normal Circumstances exist on the site? Is the site significantly disturbed (Atypical Situation)? Is the area a potential Problem Area? (If needed, explain on reverse.) VEGETATION Dominant Plant Species Stratum Indicator 1 ? z , -rln.? ie G Ffc 2 1777 6. 14(l A .r 11 t-n e rjeeNo Community ID: Yes ransectID: Y o Plot ID: Don' ant Plant Species Stratum Indicator 10. _ 11. 12 13. 14. 15. _ 16. _ Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-). C' Remarks: HYDROLOGY Recorded Data (Describe in Remarks): Stream, Lake, or Tide Gauge Aerial Photographs Other No Recorded Data Available Field Observations: c?f DepthAb Surface Water: (in•) Depth to Free Water in Pit: (in.) Depth to Saturated Soil:- `7 (?2 (in.) Wetland Hydrology Indicators: Primary Indicators: Inundated Saturated in Upper 12 inches Water 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 Local Soil Survey Data FAC-Neutral Test Other (Explain in _,marks) SOILS M ?vA-1 Map Unit Name (Series and Phase):Drainage Cass: L `?rat?e Field Observations (? Taxonomy(Subgroup): Confirm Mapped Type? Yes `CY Profile Description Depth Matrix Color (?ps. Horizon unsell Moist Hydric Soil Indicators: Mottle Colors Mottle (Munsell Moist) Abundance/Contrast Texture, Concretions, Structure etc. Histosol 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-Chroma Colors Other (Explain in Remarks) Remarks: Wetland Determination Hydrophytic Vegetation Present? Yes (_N?(Circle) 1s this Sampling Point Within a Wetland? Wetland Hydrology Present? Yes (Circlg), Hydric Soils Present? Yes Yes Remarks: ??_-- ------------ Project n me .a ?. ?? ?????, i?•. Nearest road ?4'u?ty L .,1 County'414-?t- Wetland area acres Wedand width Meet Name of evaluator ` 'V? ?\ Date SM&MMOM Wetland type (select one)* ? Bottomland hardwood forest ? Pine savanna ? Bog forest r Headwater forest ? Freshwater marsh ? Bog/fen ? Swamp forest ? Estuarine fringe forest ? Seep ? Wet flat ? Ephemeral wetland ? Other ? Pocosin ? Carolina Bay *The rating system cannot be applied to salt or brackish marshes or stream channels weight Water storage x 4.00 Wetland Score Bank/Shoreline stabilization Pollutant removal r- ' x x 4.00 5.00 , T - Wildlife habitat x 2.00 Aquatic life value J-.. x 4.00 - Recreation/Education ?- x 1.00 -! G * Add 1 pant if in sensitive watershed and > 1096 nonpoint disturbance within 1 /2 mile upstream, upslope, or radius 57 REPLY TO ATTENTION OF DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 August 21, 1995 Regulatory Branch Action ID No. 199504549 Mrs. Mildred A. Lewey 6705 Lewey Dr. Apex, NC 27502 Dear Mrs. Lewey: 50' Reference is made to the survey plat dated July 21, 1995, titled "Wetland Delineation Map for Mildred A. Lewey Tract". Specifically, the "Lewey Tract" is located north of S.R. 1610, east of Highway 55, adjacent to two unnamed tributaries to white Oak Creek, near Apex, in Wake County, Noi th Carolina. The survey plat accurately reflects the limits of wetlands on the property as delineated by your consultant, Mr. Jamie Shearn with Soil and Environmental Consultants, and field verified by Mr. Brandon DeRosa of my Raleigh Field office staff. Unless there is a change in the law or our published regulations, this determination of the limits of wetlands may be relied upon for a period not to exceed August 15, 2000. Enclosed is a copy of the plat and a copy of the survey data. Pursuant to Section 404 of the Clean Water Act, prior Department of the Army approval is required for the discharge of dredged or fill material in waters of the United States, including wetlands. If you have questions, please contact Mr. DeRosa, Raleigh Field Office, Regulatory Branch, telephone (919) 876-8441 ex 26. Sincerely, G. Wayne Wright Chief, Regulatory Branch Copy Furnished (without enclosure): 'M • Jamie Shearn Sol and Environmental Consultants 244 West Millbrook Road Raleigh, North Carolina 27609 Printed on ® Recycled Paper NCWRC,HCP,FRLLS LRKE TEL:919-528-9839 Nov 05'95 15:52 No.001 P.03 1 Noah Carolina Wildlife Resources Commission k'N 512 N. Salisbury Street, Raleigh, North Carolina 27604-1186,919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: John Dorney Division of Environmental ge , Water Quality Planning FROM: Owen F. Anderson, Piedmont Region Coordinator Habitat Conservation Program DATE; November 5, 1995 SUBJECT: 401 Water Quality Certification for Mildred A. )Dewey Farm Subdivsion, Wake County, Apex NC, White Oak Creek, Cape Fear Basin, No. 95788 Staff biologist: with the North Carolina Wildlife Resources Commission have reviewed the subject document. Our comments are provided in accordance with provisions of the Clean Water Act of 1977 (33 U.S,C, 466 ct seq.), the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d) and North Carolina General Statues (G.S. 113-131 et seq.). The applicant proposes to impact 0.063 acres under NW 14, 0.024 acres under NW 12 and 0.437 acres under NW 26 for construction of a subdivision. A total of 0.172 wetlands will not be disturbed. We request that the certification be modified and conditioned as follows: 1 Reduce the overall wetland impacts by prohibiting fill on lots 263, 272, 237, and 236. It does not appear that this fill is necessary for building on these lots. Protection of these areas will increase the wetlands on the property and keep the wetland areas in this drain from becoming fYagmented. 2. Deed retrictions should be placed on individual lots to prevent any further wetland destruction by current or future owners, 3. There should be no future authorization for wetland destruction for the portion of this tract that was not examined. Thank you for the opportunity to review and comment on this project. If I can further assist your office, please contact me at (919) 528-9886.