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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 • • 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 ..T ch 3N i'-,CARTE'RI yF -Tv? .. ?• H/ ?, ?1? 350 •• - .?? ???• v i I c?;. l y? c= 41. 40 P o° 7 u )Lem 39 \\ Bilbo- IBM 350 Cyr o a- =-=c 611 _ o r • .? _ I _- • 419 X386 I, \ ??? - - -- p % . } 400 ?/- 424 Q 0 - 350 B hesda 46 % . u, .\ `?• +424 _._ ?•., ?,; _ • 4p1W?ate 97, Water .? ?• T I: ?i)? ?? •los? 1' 0 ?? ?_ II Q;87 / • .. (/ 400 •? • 36 . a00 ? /? , X73 ? •• 7.i5d i46/???-' 41 LLJ Golf 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"