HomeMy WebLinkAbout19961096 Ver 1_COMPLETE FILE_19961126State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
' LT.X?FA:
T4
D E N R
January 8, 1998
Mr. John Koenig, Jr.
Northridge Developers, LLC
6200 Ramsey Street
Fayetteville, NC 28311
Dear Mr. Koenig:
Please find the enclosed materials on our wetlands regulatory program. Unfortunately the laws
and rules pertaining to wetlands and streams are presently fairly complicated. As I indicated over the
phone, the prospective lot owners could place a fence or elevated walkway through the wetland area, but
the Division would not allow any filling or excavation in the wetland. Also, because it is part of the
restoration effort that you and the Division have undertaken to correct a wetlands violation, we would
only allow very limited cutting of vegetation until the area is stabilized.
I have also enclosed a copy of the 401 Water Quality Certification that was issued for the
development and it does require that deed restrictions or conservation notices be placed on all lots with
remaining wetlands. Should have any further questions please fill free to contact myself or Ken Averitte
at the Fayetteville Regional Office (910-486-1541). I would also strongly encourage you or the lot
owner to contact us prior to undertaking any significant activity in the wetland area.
Sincerely,
V,- -, t -
Cc: Ken Averitte, DWQ Fayetteville
File
Peter B. Colwell
Environmental Specialist
Environmental Sciences Branch • 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone 919-733-9960 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer 50% recycleN10% post consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
ED EH F1
December 4, 1996
Harnett County
DWQ Project # 961096
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. John Koenig
Northridge Developers, LLC
6200 Ramsey Street
Fayetteville, NC 28311
Dear Mr. Koenig:
You have our approval to place fill material in 0.14 acres of wetlands or waters for the purpose of
developing a subdivision at Northridge Plantation, Phase Two, as you described in your application dated 25
November 1996. After reviewing your application, we have decided that this fill is covered by General Water
Quality Certification Numbers 2732. These certifications allow you to use Nationwide Permit Numbers 12
and 14 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 except as
modified below. If you change your project, you must notify us and you may be required to send us a new
application. If total wetland fills for this project (now or in the future) exceed one acre, compensatory
mitigation may be required as described in 15A NCAC 2H.0506 (h) (6) and (7). For this approval to be
valid, you must follow the conditions listed in the attached certification and any additional conditions listed
below. Deed restrictions or conservation easements shall be added to all lots with remaining wetlands to
prevent future wetland fill. In addition, you should get any other federal, state or local permits before you go
ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater,
Non- Disc har-c and Water Supply Watershed regulations. This approval will expire when the accompanying
404 or CAi ,IA permit expires unless otherwise specified in the General Certification.
If you do nut accept any of the conditions of this certification, you may ask for an adiudicatory hearing.
You must act within 60 days 01'01C date that you receive this letter. To ask fora 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 Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Dorney at 919-733-1786.
Si erely,
Pr ton Howard, Jr.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Fayetteville DWQ Regional Office
Mr. John Domey
Central Files
James Kizer; Moorcman, Kizer and Reitzel
961096.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
MOORCMAN, KIZER & REITZEL, INC.
, I2n LlL££u, V-:)Liz 2£Z1 anJ--SUZL7F-g0Z1
115 BROADFOOT AVENUE • POST OFFICE BOX 53774
FAYETTEVILLE, NORTH CAROLINA 28305
RECEIVED
TELEPHONE: (910) 484-5191 Q?QQ
FAX: (910) 484-0388 a`(?V 2 6 1776
ENVIRONMENTAL SCIENCES
November 25, 1996 ?ttrrw
Mr. Peter B. Colwell
Environmental Specialist
State of North Carolina
DEHNR - Environmental Sciences Branch
4401 Reedy Creek Road 961096
Raleigh, NC 27607
REF: Northridge Plantation Subdivision
Richmond Park, Phase Two
off Highway 87 in Harnett County
Wetland Permits NWP 14 and NWP 12
Dear Mr. Colwell:
Enclosed are seven (7) copies of the NWP 14 permit application for
the proposed road crossings in Richmond Park, Phase Two at
Northridge Plantation Subdivision for your review and comment. I
am concurrently forwarding this information to all required
agencies as stated in the permit application, and will submit their
comments to you when received. Also, enclosed is a permit
application for our NWP 12 impacts.
I am submitting permit request only for the next 60 acres (99 lots)
contained within Richmond Park, Phase Two and not the entire
remaining 240 acres that Mr. Koenig owns.
I feel there is still too much uncertainty at the preliminary
stage to determine actual impacts, and think it is better to
determine the actual scope of the impacts once engineering design
is complete, as we have done here.
Please review this information and let me know if you have any
questions, concerns, or desire further information.
Sincerely,
MO N, KI & REITZEL, INC.
J es Kizer, Jr., PE
JMKjr.:boa
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Govemor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Dire cto r
APAPOVAL of 401 Water Quality Certification,
Mr. John Koenig, Sr.
6200 Ramsey St.
Fayetteville, NC 28311
Dear Mr. Koenig:
AM X-MAI
C) FE F=1
October 18, 1996
Harnett County
DWQ Project # 960279
You have our approval to retain fill permanently placed in about 0.33 acres of wetlands or waters for
the purpose of installing checkdams, a sewer line and roads at Northridge Plantation, as you described in
your application dated 1 July 1996. After reviewing your application, we have decided that this fill is
covered by General Water Quality Certification Numbers 3022 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 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 Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone John Dorsey at 919-733-1786.
e ton Howard, Jr. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Feld Office
Fayetteville DWQ Regional Office
Mr. John Dorsey 0
Central Files
James Kizer; Moorman and Kizer
960279.1tr
Division of Water Quality - Environmental Sciences Branch
Environmental Sciences Branch, 4401 Ready Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer - 50% recycled/10% post consumer paper
-?61 p9 6
DEM ID: CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): NWP 14 Road Crossings
PRE-CONSTRUCTION NOTIFICATION APPLI..-;,
FOR NATIONWIDE PERMITS THAT REQUIRE:
i ?ju NO?? ? 61996
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
WATER Ot.;i! '
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAME: John S. Koenig, Northridge Developers, L.L.C.
2. MAILING ADDRESS:
6200 Ramsey Street, Fayetteville, NC 28311
Richmond Park, Section Two
SUBDIVISION NAME: 0 Northridge Plantation
CITY: STATE: ZIP CODE:
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE) : 6 miles north of Spring Lake on the east side of NC
Highway 87 at Northridge Plantation Subdivision
3. TELEPHONE NUMBER (HOME):
(WORK)
(910) 488-1976
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
James M. Kizer, Jr., PE Moorman, Kizer & Reitzel, Inc.
PO Box 53774, Fayetteville, NC 28305 (910) 484-5191 FAX: (910) 484-0388
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE) :
COUNTY: Harnett NEAREST TOWN OR CITY: Spring Lake
(Cumberland County),Spout Springs Community (Harnett County)
1
r
SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS,-LANDMARKS, ETC.): 6 miles north of Spring Lake on the east side of
NC Highway 87 at Northridge Plantation Subdivision. The area in question, Richmond
Park Section Two at Northridge Plantation is to the east of Plantation Drive and the
north of Richmond Park Drive.
6. IMPACTED OR NEAREST STREAM/RIVER:
Reedys Swamp
RIVER BASIN: Cape Fear
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-II)? YES [ ] NO [X] IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO [X]
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR
LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
N/A
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES [X ] NO [ ] IF YES, PROVIDE ACTION I . D. NUMBER OF ,flv"
PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION) : ID # 199602829. and 199602655 NWP 26
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [X] NO [ ) IF YES, DESCRIBE ANTICIPATED WORK: This is an on-
going residential subdivision project with development extending as market
demands. The overall layout of this 300 acre portion of this 1700± Acre tract has
been designed to minimize impacts as much as possible (map included). This permit
is for Richmond Park, Section Two, which contains 60 acres of the 300 acres planned
to date.
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 60 + acres
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
Richmond Park, Section Two contains 12.04 acres of wetlands.-
2
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILING: 0.14 Acre EXCAVATION:
FLOODING:
DRAINAGE:
OTHER:
TOTAL ACRES TO BE IMPACTED: 0.14 Acre
N/A 10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION) :
LENGTH BEFORE: FT AFTER: FT
WIDTH BEFORE (based on normal high water contours): FT
WIDTH AFTER: ti
AVERAGE DEPTH BEFORE: FT AFTER: FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE
WATERSHED DRAINING TO THE POND? N/A
WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 112" X 11" DRAWINGS
ONLY): The permit is being filed for several small road crossings in the
Richmond Park, Section Two Subdivision at Northridge Plantation. Some storm
drainage and culverts are associated with these crossings, but are designed to
recharge the affected wetlands areas. The work will be carried out with dozers,
pans and backhoes as with normal road construction.
13. PURPOSE OF PROPOSED WORK: To cross some finger wetland draws with the
road network, helping to minimize and eliminate the need for lot fill. _
3
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT' IN WETLANDS.
he Master Plan has been desl edEin TO MINIMIZE lalway as Eto minimize
IMPACTS): g
wetlands impacts except for road crossings and utility lines. With this layout,
we have been able to hopefully eliminate the need for any filling of wetlands
for lot use.
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY
ADDRESSES SHEET) REGARDING THE PRESENCE OF 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. DATE
CONTACTED: Concurrently (ATTACH RESPONSES
FROM THESE AGENCIES.)
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC
PROPERTIES IN THE PERMIT AREA WHICH'MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED: Concurrently
17. pOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES [) NO W (IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL
POLICY ACT?
YES [I NO [I
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [ ) NO ( )
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
SPATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CH RYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF' ADMINISTRATION, 1.16 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE; (919) 733-6369.
4
18. THE-FOLLOWING ITEMS SHOULD. BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL
INTO WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES
AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26,
29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY
MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1
INCH EQUALS 100 FEET OR THEIR EQUIVALENT.
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 THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY? Residential Subdivision and
undeveloped woodlands.
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
Public sewers, with the use of a small.package lift station, with average daily
flow of 50,400 gpd.
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE U. S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF
ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM.
WNER'S/AG T'S SIGNATURE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
11-'112f-
DATE
5