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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 ?I\ u „ja< ?V _ ??;`? 3? t . - _- • I `396 - ? iii ?? ??'-? ? _; ?, ? o` _ ? ?•il ??? -? , ?j??? u ;_S) ?? 1 C Mt,APburn 8, • r C PC) • -- is • . ; < <y:` _ , l? ?? ? `;? ,, ,3? Iso Cem ter ?sO•' ?? ' T k - ?ower? fWRAL TYI 950 i! »- ti _ t J J '3 5 •3601 0", i 'Ra Tow r,) % 370 35 t -- ? ? 372 11„ J?P brook i ' y. Club /i - 350 3 li' 1 1 }/' ptppRpX1 M?1 A LAT 35 ° A0 A6 WW -ce° ;5a' lo" 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: