HomeMy WebLinkAbout19960448 Ver 1_COMPLETE FILE_19960430State of North Carolina IT
Department of Environment,
Health and Natural Resources + LT.K?FA
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary C) E H 1'%%o.! F=1
A. Preston Howard, Jr., P.E., Director
May 8, 1996
Durham County 48
DEM Project # 9604M
APPROVAL of 401 Water Quality Certification and ADDMONAL CONDITIONS
Mr. Stephan B. Eastman
ESE Associates, LLC
P.O. Box 19205
Raleigh, NC 27619
Dear Mr. Eastman:
You have our approval to place fill material in 0.57 acres of wetlands or waters for the purpose of
constructing a residential development at Wood Hollow Subdivision, as you described in your
application dated 26 April 1996. After reviewing your application, we have decided that this fill is
covered by General Water Quality Certification Numbers 3022, 2732 and 2671. This certifications allow
you to use Nationwide Permit Numbers 12, 14 and 26 when they 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 added to all lots with jurisdictional wetlands to prevent future 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,
Attachment
ton How Jr. P.E.
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
960408.1tr
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer • 50% recyclaW (No post consumer paper
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• Soil & Environmental Consultants, Inc.
244 West Millbrook Road ¦ Raleigh, North Carolina 2760g o (919) 846-590O N Fax (919) 846-9467
RECEIVED
APR 3 01996 April 26, 1996
ENVIRONMENTAL SCIENCES
NCDEH&NR - DEM US Army Corps of Engineers
Attn: Mr. John Dorney Attn: Ms. Jean Manuele
4401 Reedy Creek Road 401 ISSUM5512 Falls of the Neuse Rd, Suite 105
Raleigh, NC 27607 Raleigh, NC 27615-6846 ?$
Dear Ms. Manuele and Mr. Dorney:
The purpose of this letter is to request Nationwide Permits 12, 14 and 26 and a Section
401 Water Quality Certification for the project known as Wood Hollow Subdivision. This
project, owned by ESE Associates, LLC., is located near Durham, NC (Durham County).
The site is shown on the attached plans and USGS Topo Quad vicinity map.
A Nationwide Permit 26 will be necessary to impact 0.326 acres (see map) of
jurisdictional wetlands above headwaters for the construction of a residential development.
An additional 0.114 acres of impacts for a road crossings is requested under Nationwide
Permit 14.
Headwater forest and bottomland forest type wetlands will be impacted by the proposed
activity
Please note that all individuals listed below have been furnished with a complete copy of
the permit application. Please call if you have questions or if you intend to perform a site
visit.
Sincerely,
Kevin Martin,
President
cc: (with enclosures) US Fish and Wildlife Service
NC Division of Cultural Resources
National Marine Fisheries Service
Soil/Site Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Environmental Audits
On-Site Waste Treatment Systems, Evaluation and Design
- f
DEM ID: ACTION ID: j
Nationwide Permit Requested (Provide Nationwide Permit #): 12, 14, and 26
?aL! APR
JOINT FORM FOR wt.;r..;
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
PO 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: ESE ASSOCIATES, LLC ATTN: STEPHAN B. EASTMAN
2. Owners Address: PO BOX 19205, RALEIGH, NC 27619
3. Owners Phone Number (Home): (Work): 919-781-1827
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: DURHAM COUNTY, NC
Nearest Town or City: DURHAM, NC
Specific Location (Include road numbers, landmarks, etc.): 25 ACRES SOUTH OF NCSR 1926 AND
EAST OF NCSR 1959. AS PER ATTACHED S.E. DURHAM, NC, USGS TOPO QUAD.
6. Name of Closest Stream/River: STIRRUP IRON CREEK
7. River Basin: NEUSE 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:
UNKNOWN
11. Number of acres of waters of the U.S. including wetlands, impacted by the proposed project:
TOTAL IMPACTS FOR PROJECT
PERMIT NW12 NW14 NW26
Filled: 0.000 AC 0.114 AC 0.326 AC
Excavated: 0.030 AC 0.000 AC 0.000 AC
Total Impacted: 0.030 AC 0.114 AC 0.326 AC
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only):
ROAD FILL, UTILITY INSTALLATION, AND LOT IMPACTS
13. Purpose of proposed work:
INFRASTRUCTURE FOR PROPOSED RESIDENTIAL SUBDIVISION INCLUDING: LOTS, ROADS,
AND UTILITIES.
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also,
note measures taken to minimize wetland impacts.
IMPACTS TO BROAD WETLANDS MINIMIZED TO THE GREATEST EXTENT POSSIBLE.
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 delineation line.
D. If a stormwater management plan is required for this project, attach copy.
E. What is land use of surrounding property? RESIDENTIAL AND FORESTED
F. If applicable, what is proposed method of sewage disposal? N/A
1%-+?
q??,7 9?,,
Agent's Signature Date
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID:
County:
Notification of Jurisdictional Determination
Property owner/Authorized Agent V-- Sy- e---.
Address Cln ace 3
Telephone Number
Size and Location of Property(waterbody, Highway name/number, town, etc.)
Indicate Which of the following apply:
• There are wetlands on the above described property which we strongly suggest should be delineated and
surveyed. The surveyed wetland lines must be verified by our staff before the Corps will make a final
jurisdictional determination on your property.
• Because of the size of your property and our present workload, our identification and delineation of your
wetlands cannot be accomplished in a timely manner. You may wish to employ a consultant to obtain a
more timely delineation of the wetlands. Once your consultant has flagged a wetland line on the property,
Corps staff will review it, and, if it is accurate, we strongly recommend that you have the line surveyed for
final approval by the Corps. The Corps will not make a final jurisdictional determination on your property
without an approved survey.
• The wetlands on your lot have been delineated, and the limits of Corps jurisdiction have been explained
to you. Unless there is a change in the law or our published regulations, this determination may be relied
upon for a period not to exceed three years from the date of this notification.
' There are no wetlands present on the above described property which are subject to the permit
requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law
or our published regulations, this determination may be relied upon for a period not to exceed three years
from the date of this notification.
• The project is located in one of the 20 Coastal Counties. You should contact the nearest State Office of
Coastal Management to determine their requirements.
Placement of dredged or fill material in wetlands on this property without a Department of the Army
permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is
not required for work on the property restricted entirely to existing high ground. If you have any
questions regarding the Corps of Engineers regulatory program, please contact
Property owner/Authorized Agent Signature
Project Manager Signature
Date, y Expiration Date ( Qar o0
SURVEY PLAT OR FIELD SKETCH OF DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM.
CFSAW Form 566
1 OCT 92
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SITE VICINITY MAP
APPROXIMATE SITE BOUNDS OF T
WOOD HOLLOW SUBDIVISION
N
FROM. . SOUTHEAST DURHAM, N.C., U.S.G.S. TOPO. QUAD
SCALE: 1:24 000
LAT: 35°56' 15"
LON: 78° 49' 30"