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Agenda - 04-21-2009 - 6a
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Agenda - 04-21-2009 - 6a
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Last modified
4/22/2009 10:27:48 AM
Creation date
4/20/2009 1:38:19 PM
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BOCC
Date
4/21/2009
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
6a
Document Relationships
2009-020 Solid Waste - Coleman Gledhill Hargrave - Letter Agreement between Orange Co. and Womble Carlyle for special legal services
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\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2000's\2009
Minutes - 20090421
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\Board of County Commissioners\Minutes - Approved\2000's\2009
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~it~~R~~~~g.-~ ~~I d®r~~~P~ ~~~. tl f{ ®~f v~~0)~® 0~+ ~ ~~A4 ~a`~~ ~~ C 1~i.~` :{ Q ~~,V~` e n ~ i. <br />mussel habitat, although no mussels were seen the day of the survey. The Creeper mussel is <br />considered a state threatened species and not federally listed as a species of concern. The stream <br />on the eastern side of the site (adjacent to the access road) is not expected to have enough water in <br />it to support mussels. The final Wetlands and Endangered Species Report is attached (see Section <br />7.0 -List of Exhibits). <br />The conceptual site plan was revised based upon the new wetlands information in order to avoid <br />impacting sensitive areas. An 80-foot buffer was maintained from the wetlands' boundaries as <br />delineated by Hal Owen & Associates. However, the access road will cross the potential wetlands <br />area noted on the eastern side of the property. See Site Plan exhibit. This road crossing will <br />require a permit from either the State DWQ and/or the USACOE. <br />6. ~~®'~vG CY~v~~l~s ~~.~7'E®°~® 7'~IE Est 54 (~r~ ~6) <br />^ The areas delineated during the wetlands determination will be recorded by a surveyor. <br />The USACE will be requested to make a jurisdictional determination to confirm the <br />boundaries of the wetlands and streams identified on the West 54 LLC site and to <br />determine whether the wetlands identified are isolated or jurisdictional wetlands. The two <br />sets of wetland determination forms and three sets of stream determination forms, along <br />with supporting documentation and maps, would be submitted to the USACE. A site visit <br />by a representative of the USACE would review and confu-m the delineation work. This <br />process typically takes a minimum of one month from the time the information is <br />submitted to the time the USACE will visit the site. <br />^ County Planning staff will review the results of the wetlands determination, the Flora and <br />Fauna Survey, the revised Site Plan, and will make a determination related to the EA (i.e. <br />FONSI, additional information is required, or that an EIS is required). <br />^ If the site is selected, a Cultural .Survey will be completed prior to construction. <br />^ If the site is selected, aPre-Construction Notification form would be submitted to <br />NCDENR DWQ and to the USACOE to apply for any required permits. This permitting <br />process requires approximately 90 days to process. The USACOE may require mitigation <br />for the impacts associated with the road crossing. Mitigation could include payment to a <br />mitigation bank, in lieu fee programs, or alternatively could include restoration, <br />enhancement, creation, or preservation of wetlands. <br />®~~P <br />
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