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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