HomeMy WebLinkAbout19960170 Ver 1_COMPLETE FILE_19960216State of North Carolina ?w 3W
Department of Environment, T, V
Health and Natural Resources ` • •
Division of Environmental Management
James B. Hunt, Jr., Governor AdMONdMbNdft
Jonathan B. Howes, Secretary p F= H N 1=1
A. Preston Howard, Jr., P.E., Director
February 26, 1996
Wake County
DEM Project # 960170
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Stephen Smith
White Oak Associates
3204 Brennan Drive
Raleigh, NC 27613
Dear Mr. Smith:
You have our approval to place fill material in 0.64 acres of wetlands or waters for the purpose of
constructing a commercial development (White Oak West tract) at SR 1255 and US 70, as you
described in your application dated 14 February 1996. After reviewing your application, we have
decided that this fill is covered by General Water Quality Certification Numbers 2732 and 2671. These
certifications allow you to use Nationwide Permit Numbers 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 shall be added to all lots with jurisdictional wetlands to prevent future fill. Additional
written DEM approval for stormwater management must be obtained before construction begins. This
Certification replaces a Certification issued on 26 February 1996. 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 adjudicator),
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,
Pr ston Howard, Jr. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DEM Regional Office
Mr. John Dorney
Central Files
Christopher Huysman; Soil and Environmental Consultants
960170.1tr
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
FRI 7244west oil & Environmental Consultants, Inc.
Millbrook Road ¦ Raleigh, North Carolina 27609 ¦ (919) 846-5900M Fax (919) 846-9467
401 ISSUES
February 14, 1996
NCDEH&NR - DEM US Army Corps of Engineers
Attn: Mr. John Dorney Attn: Mr. Brandon DeRosa
4401 Reedy Creek Road 6512 Falls of the Neuse'Rd, Suite 105
Raleigh, NC 27607 Raleigh, NC 27615-684G
Dear Mr. Dorney and Mr. DeRosa: ° °` g
The purpose of this letter is to request a Nationwide Permits 14 n =--
Section 401 Water Quality Certification for the project known as White Oak West
Tract. The project, owned by White Oak Associates., is located near Garner,
NC (Wake County). The site is shown on the enclosed N.C., USGS Topo Quad
vicinity map.
A Nationwide 26 permit will be necessary to impact 0.32 acres (see map) of
jurisdictional wetlands above headwaters for the development of this tract. See
the enclosed impact map for the sizes and locations of the wetlands that are to
be impacted.
Wetland impacts will be to channels, headwater forests and bottomlands.
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.
04. aQ erely,
stop r Huysman,
Biologist
cc: (with enclosures)
USF&WS
N.C. Cultural Resources
National Marine Fisheries Service
SoillSite Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Environmental Audits
On-Site Waste Treatment Systems, Evaluation and Design
DEM ID: ACTION ID: 199601927
Nationwide Permit Requested (Provide Nationwide Permit #): 26 AND 14
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) 2514511
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 TH'1~ CC7RPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL
MANAGEMENT. PLEASE PRINT.
1. Owners Name: WHITE OAK ASSOCIATES, ATTN: C. STEPHEN SMITH
2. Owners Address: 3204 BRENNAN DRIVE, RALEIGH, NC 27613
3. Owners Phone Number (Home): (919) 847-6122 (Work):
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: WAKE COUNTY, NC
Nearest Town or City: GARNER, NC
Specific Location (Include road numbers, landmarks, etc.): 90 ACRES SITE WEST OF NCSR 255, AND
0.25 MILES SOUTH OF HWY.70 AND NORTH AND ADJACENT TO WHITE OAK CREEK. AS PER
ATTACHED GARNER, NC, USGS TOPO QUAD.
6. Name of Closest Stream/ River: WHITE OAK 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:
Filled:
Drained:
Flooded:
Excavated:
Total Impacted
NW26 NW14
0.32 AC 0.32 AC
0.32 AC 0.32 AC
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only):
IMPACTS FOR PROPOSED DEVELOPMENT.
13. Purpose of proposed work:
INFRASTRUCTURE FOR PROPOSED DEVELOPMENT, INCLUDING: BUILDING LOTS
ROAD CROSSINGS, AND DaVEWAYS
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 REQUIRED TO MAXIMIZE PARCEL USE. ROAD CROSSINGS NEEDED TO MAXIMIZE
USE OF HIGHGROUND.
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? FORESTED AND RESIDENTIAL
F. If applicable, what is proposed method of sewage disposal? SANITARY SEWER
f
Signature Date
nt' Sign ure Date
;27oil & Environmental Consultants, Inc.
244 West Millbrook Road ¦ Raleigh, North Carolina 27609 ¦ (919) 846-590O N Fax (919) 846-9467
- AGENT AUTHORIZATION FORM -
ALL BLANKS TO BE FILLED IN BY CURRENT LANDOWNER
Name: . j,Ul+? - 6A, Y_ Y", ce-S
Address: .3aOA lYl"i\J-f*,W P;Z-
Address: PA L-1W4 NG a-) (Z' t?3
Phone: e4 -I - 61 3 a Fmax
Project Name/Description: tKyckky C)t'A-Y ' ?wyKYC=i2 WV%0
Date: .S4 =t3 k :CA ?,
The Department of the Army
U.S. Army Corps of Engineers
Wilmington District
PO Box 1890
Wilmington, NC 28402
Attn: . (3Y2O N Oc*,J
Field Office: C kA_ -.0
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:
I, the current ro ertowner, hereby designate and authorize Soil and Environmental
Consultants, Inc. to act in my behalf as my agent in the processing of permit applications, to
furnish upon request supplemental information in support of applications, etc. from this day
forward. This the V_ day of V-t5?> 1q?ia
This notification supersedes any previous correspondence conce ' g t a /for this project.
Print Owners Name: Pro a ners Signature:
cc: Mr. John Dorney
NCDEH&NR-DEM
Water Quality Planning
4401 Reedy Creek Road
Raleigh, NC 27607
cc: Mr. Chris Huysman
Soil and Environmental Consultants, Inc.
Soil/Site Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Environmental Audits
On-Site Waste Treatment Systems, Evaluation and Design
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: County: /ot
Notification of Jurisdictional Determination
Property owner/Authorized Agent 44//
Address )ty (71-v,-,. 0v1-v
Telephone Number?
Size and Location of Property(waterbody, Highway name/number, town, etc.)
11P? l."
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 exceed4hfee years from the date of this notification.
ere 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.
e 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
Expiration Date
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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VICINITY MAP
APPROXIMATE BOUNDS OF
THE WHITE OAK PROPERTY
GARNER, N.C., U.S.G.S. TOPO. QUAD
SCALE 1:24 000
De11nration PeIto1-Ined by Soil and Environmental Consultants, Inc.
244 W. Millbrook Rond
Raleigh, NC 27609
PIv 919/846-5900
D A'T A FORM
ROUTINE' WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual) _
Protect/Site l ?? lam. [? e r 4 Date: - 1 2 V Applicant/Owner:. ("I c 061 ?I T rr -----
_ _?1 J oat- ?'- County: k.e --U
11lvest1gator: - _ 1 c - ----- Stnte:
Do Nornuil Circumstances exist on the site? ?f?L+ No Community ID:
Is the :.ite significantly disturbed
(/\h-pp „1 `;ituahojW Yes 1 Transact 11_)
Is dw airy it potential Problem Awa% Yes ?c Plol1D:--
(If needed, explain on reverse.) C/
VEGETA'T10N
Dominant Plant Species S---traI tum Indicator
1S
4
_
A
2. u,-? rr u -
3
&J c -_C-
c c rA ( t
I
.
A
1 r ?
-
i
0-14
5KI -r I`.v c
7.
Dominant Plant Species Stratum Indicator
9. --
10. _
11.
13.
14.
15.
16.
Percent of Dominant Species that are OBL, FACW or FAC 9
(excluding FAC-). C 2-6 o
Remarks: it ?? SO L
HYDROLOGY 1,11)A/ IV Y DA( L
-----Recorded Data (Describe in Remarks):
_ -_ Stream, Lake, or Tide Gauge
Aerial PliotograplLs
- Other
No Recorded Data Available
Fuld ( )bs(, rvaleons
L)e1)(11 to Surface Water: (ll.)
1 )4•1)111 to free Water en PIL (ui.)
I )eptll to Salurnted `)oil. (ui )
Sv/L
Wetland Hydrology Indicators:
Primary Indicators:
-Inundated
_ Saturat-ed in Upper 12 inches
Water Marks
-Drift Lines
Sedunent Deposits
---_-Drainage PntterrLs in Wetlands
Secondary Indicators (2 or more required):
--oxidized Root Channels in
upper 12 inches
Water-Stauned Leaves
Local Soil Survey Datn
FAC-Neutral Test
01-het (Explain in Remarks)
l,( )I I
M„I, t i,,,t N„rr„• r P J h.? {y ID 4 hh
i',,,Id?• I ? ,• ., rr1,ln,n
I >,•I,tl, n111tr,x ( olor
(,n•. I 1„r,;.on
? (i\1unsell Moist)
v y ?4i
P. ? 3
/
,??-?? AJ? tut/R6?y
l wld (A).'ervnt1mv,
Ye!. N„
Mottle Color:; Motile Texture, ('on, retn,n.,
(Mansell Moist) /?l,und;u?,e?( ?c>ntrn:;t Stru<-tiu e et,.
,Tlndy /A 4h, rf 5
yv,
1)vdru `;orllndt,nton; lvt) ? p DkI
1 I U,tosol _Concretiorts
I Iistic Epipedon .-High Orgnnic Content in Surface Layer in Sandy Soil
Sullulic Odor Organic Streaking in Sandy Soils
A(Im Moisture I:egime Listed on Local I-lydric Soils List
Reducing Conditions Listed on National Hydric Soils List
(;keyed or Low-C hronia Colors ._------Other (Explain in Remarks)
Rrm?rrks •? /
Wetland Determination
I Iydrohhytrc Vegetation Present's Ye; ('mil (Circle) Is this Sarnhlutg Point W>tlwt a Wetland?
VVetland Hydrology Present? Yes D (Circli
I kydnc Soils Present? Yes o Yes
Remarks: -
1)r111raGon Performed by: Soil and Environmental Comultants, Inc.
244 W. Millbrook Road
Raleigh, NC 27609
Ph: 919/846-5900
D AT A FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
/ L 1 `1
Pro ert lSite ? -_-_ - _-?_-
?,Qjf1?V_A <<. ahar _QsLA r_ Date:.
Al)plicant/Owner:_-NlitTt t'?1< x1j6GOT?S ___County:1/l??C_?5 ------
Investigator: __? y-St,C_ State: __/?L
Do Normal Circumstances exist on the site? 6? No Community ID
Is the site significantly disturbed
(Atyl)ical Situation)? Yes 6? Transect ID. -
In the area a potential Problem Area? Yes Plot ID:
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Species Stratum Indicator
1 J W-
ti S Ce- P4 (L
4.8 ini ar. L e, N,' r ? ti 4 A-fl e FA c W
5.4#,.. ?s we 1-4 c ?
7AI,,wki e- ?Ae- r)
F^ C-+
Dominant Plant Species
9._hl 1 c
10.
13.
14.
15.
16.
Stratum Indicator
y,ff& rAL
Percent of Dominant Species that are 013L, FACW or FAC
(excluding FAC-). > 2b E2
Remarks:
fn es+ cif ?- t'? ?- w e ?` ?p-,.?s ??, ? ? , ? s ??f ? ? <,r-? C v n J t? ?l e ?h l?1 >°
LV• X f A. h 4ts c-k F ? (-r1-11.5 lJ aN AA/n/ JT'2f^ J
HYDROLOGY
Recorded Data (Describe in Remarks):
Stream, Lake, or Tide Gauge
-_---Aerial Photographs
-_____Othe r
No Recorded Data Available
Field ObservatiionS:-- -
Depth to Surface Water: .---, -tit -1 U (in.)
Depth to Free Water in PiL n (ui.)
Depth to Saturated Soil:
ui.
Wetland Hydrology Indicators: n e
e/, vC bnU
Primary Indicators: 0/d
i/ Inundated A,014,
t/ Saturated in Upper 12 inches
___? Water Marks
Drift Lines
_--sediment Deposits
_- ---_----Drauuige Patterns in Wetlauxls
Secondary Indicators (2 or more required):
Oxidized Root Channels in
upper 12 inches
i/ Water-Stained Leaves
---Local Soil Survey Data
FAC-Neutral Test
Other (Explain m Remarks)
Reninrl.-1
s O ll.ti
M,+1, l )nit Non- //
S`;rru s ?,nd I'hu .e) wP n < /1 P ?' U ?? I >rn?n ,ge c Inr, pV
/fbMf lyCzj LAC FiUUIIC'w 1'whi Ol,;rrviflx,n,
111'I•llxoIwIII) `,ti 11y•ronl,) v A? ve ( onlIrin Mill ,l,e( l Tvpc? Y,
111olde I k s, riptu,n
1)r 1,11,
(n,:.) I lonzon
D ? y ti?
i? -2-2 ?f 2
1\1„IrIx ( oloi
(1v1„n :ell Moist)
/1) 2J/ 0
I lydnc Soil 111d), Mon,
Mottle Color;
(Mansell Moist)
d`1" Oy
"1 y'?in? N
NCI
i
Mottlr Texture, ( oak retu,n!,,
Al,undanre?? ont'l-t Structure r1,
s icy I Fx
S' -/f /" , , 1 pfd k
I iistosol Concretions
-- --I listic Eprpedon High Organic Content in Surface Layer in Sandy Soll
Sulfidic Odor _ Organic Streaking in Sandy Soils
Aquic MoLsture Regime ? Listed on Local Hydric Soils List
?Reducung Conditions _-Listed on National Hydnc Soils List
-,? _Gleyed or I.ow-C'hroma Color., - -----Other (Explain in Remarks)
Remarks
Wetland Determination
Ilydrophytic Vegetation Present7 e, No (Circle) Ls this Samphng Point Widun a Wetlan(P
Wetland Hydrology Present? e. No (Circle)
Hydric Soils Present? e- No es No
Remarks: