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HomeMy WebLinkAbout19970018 Ver 1_COMPLETE FILE_19970115State 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 A ?? F== F=1 January 21, 1997 New Hanover County DWQ Project # 970018 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Mr. Craig Watkins 310 Forest Hills Drive Wilmington, NC 28403 Dear Mr. Watkins: You have our approval to place fill material in 0.027 acres of wetlands or waters for the purpose of constructing a road crossing at your lot on Forest Hills Drive, as you described in your application dated 13 January 1997. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 2732. This certification allows you to use Nationwide Permit Number 14 when it is 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. A deed restriction or conservation easement shall be added to the remaining wetlands on this lot to prevent future 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- Discharge and Water Supply Watershed regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. 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 Dorney at 919-733-1786. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DWQ Regional Office Mr. John Dorney Central Files Chip Jackson; Land Management Group 970018.1tr 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 Aff irmative Action Employer • 50% recycled/10% post consumer paper '4w?? 5WMA, jnC. At 6/)ane AX 2522 Vi. minykn../YWA Viiw&na 28402 e'l- 9Y0-452-0001 Y.,gA44. January 13, 1997 RE?EIVEU John Dorney Water Quality Planning Div. of Env. Management 4401 Reedy Creek Road Raleigh, N.C. 27607 Dear John: AR 151y9? ENS IRON?NT A? S?IE.NGE S 401 IS5U, .99u& 0 1805 .genus Vd6i f6ft, M 28403 Enclosed is a Nationwide Permit request by Craig Watkins to fill 1215 square feet (0.027 acres) of wetlands. A NWP 14 is proposed for fill to bring 404 areas to grade with existing high ground areas for the purpose of providing a suitable road crossing for upland lot access. Thank you for your response and should you have any further questions, please feel free to contact me at your convenience. Respectfully, - r` ip ck n CCh Ja Environmental Specialist CJ\cj Enclosure: 7 copies of application cc: U.S. Fish & Wildlife Wilmington Regulatory C.O.E. National Marine Fisheries CAMA Img/nwpfile/watkins/Rr . I 970018 DEM ID: CORPS ACTION ID: NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): NWP 14 PRE-CONSTRUCTION NOTIFICATION APPLICATION 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. NOTIFICATION TO THE CORPS OF ENGINEERS 401 ISSUED 2. APPLICATION FOR SECTION 401 CERTIFICATION 3. COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT FOR NATIONWIDE PERMITS THAT REQUIRE: OWNERS NAME: Craig Watkins MAILING ADDRESS: 310 Forest Hills Drive CITY: Wilmington STATE: NC ZIP CODE: 28403 SUBDIVISION NAME: Forest Hills PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): Site is located on the NW side of the intersection of Burnt Mill Creek and Forest Hills Drive. Site is located behind the existing homes with a 25' access exiting onto Forest Hills Drive. 3. TELEPHONE NUMBER (HOME): 951-9984 (WORK): 763-995A 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: -Chip Jackson 910-452-0001 Land Management Group Inc PO Box 2522 Wilmington, N.C. 28403 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: New Hanover NEAREST TOWN OR CITY: Wilmington SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): The 25' site access to Forest Hills Drive is visible from Forest Hills Elementary School. After turning onto 25' access, proposed fill is located 210' from Forest Hills Drive. 6 IMPACTED OR NEAREST STREAM/RIVER: Burnt Mill Creek 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? Conservation 8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [ ] NO [X] IF YES, PROVIDE ACTION ID NUMBER OF PREVIOUS PERMIT AND ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): 8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES [ ] NO [X] IF YES, DESCRIBE ANTICIPATED WORK: 9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 3.05 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 1.23 10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: 81' length X 15' width ( .027 ac) EXCAVATION: n/a FLOODING: n/a OTHER: n/a DRAINAGE: n/a TOTAL ACRES TO BE IMPACTED: .027 10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION): LENGTH BEFORE: n/a FT AFTER: n/a FT WIDTH BEFORE (based on normal high water contours): n/a FT AVERAGE DEPTH BEFORE: n/a FT AFTER: n/a FT_ (2) STREAM CHANNEL IMPACT WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: n/a PLACEMENT OF PIPE IN CHANNEL: n/a CHANNEL EXCAVATION: n/a CONSTRUCTION OF A DAM FLOODING•n/a OTHER: n/' 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? n/a 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED (ATTACHED PLANS: 8'/z' X 11" DRAWINGS ONLY): Silt fence shall be installed along both edges of the driveway. Suitable marl material will be brought in by truck and spread with a small dozer or tractor with box blade. Silt fence edges shall be no more than 15' apart so that total finished driveway width across wetlands areas will be 15' total. 13. PURPOSE OF PROPOSED WORK: To provide residential lot access across wetlands to delineated high around. The applicant has already installed a temporary construction entrance for the purposes of clearing out undergrowth on the lot This temporary construction entrance has been installed with fha rnnrur-anrp of r n F and county sediment/erosion control. Two hurricanes in summer 1996 had also left damaged 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS): The 25' road access for the lot is the only area with road access to Forest Hills Drive. No other road access exists for this lot. All other lots that are adjacent to this lot already contain houses. The driveway has been proposed in the shortest crossing distance available and still maintain a 5' setback from adjacent property lines. 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: package mailed January 9, 1997 (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 PROJEOSOTED: package mailed January 13, 1997 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES[ ] NO M (IF NO, GO TO 18) 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 f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? city sewer a. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE US 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. 0 " '" - January 13, 1997 NER'S G 'S SIGNATURE DATE i s: N NWP 14 Permit Request for Craig Watkins New Hanover County LAND MANAGEMENT GROUP, INC January, 1997 a Y ? `••l W.H. BLOUNT ? E$ m? US ARMY "CORPS OF T. ?3Jt??1+.? 51 ?'. ?NG6NEER5 LOCATION MAP N NWP 14 Permit Request for Craig Watkins New Hanover County LAND MANAGEMENT GROUP, INC January, 1997 SCALE 1" = 1000' USGS 7.5' Wilmington Quad Sheet t ? Yt N SCALE 1" = 660' NWP 14 Permit Request for Craig Watkins New Hanover County LAND MANAGEMENT GROUP, INC January, 1997 New Hanover County SCS Soil Survey ?? i 3 3 3 x x x 3 3 3 3 3 x? x ?.? 3 _ _ > rc ° m 2 w - o 2 z s° r +. ? ? o ? o 0 _ n Y ? m c\ uo a o U n (n U o- t -Y ? ? C a o.n ? ? Q 0 cn O Z? 0 D LL- " 00 _ m p ? o - ? Eo =s iv- o o Q a? u a v 0 L °in°o `o O a o° F c Z, ? a c u o ° Q - U - - u o° y o 0 & U to°v.P _ u u u U7 _ - E 2 h E _'" n °o a O na vi V 0 Z I Q n? u O1 ? ti JJQ "r ? - Z a m ; PV _ of Q? r....Pnrr.: n o z n c m E CD 3 O \ ,Q, co co .U or C9 o rO /? CD cV r r W J wcc V CA FROM FOREHAND & LAMOND P. 001 01/10,197 11:18 FAY Q 002 og",ICG A w. &Ad4ost=mg4 l %wmz&afrA e%.e e Aw Air 04- Sro-052-Ow# Y64614 -Q. .A qrs. s r,...,. ;9...... s\We, t2ie u ideiz5igned, herby authorize Land Management Group, InG. an agents fcM 404 weLla=ds pexmLL work on the property listed in the enclosed per-It application- Land Management Group, Lnc. Should be coutacLed with any questions regarding this permit application. S-geed ' Da ?e (- !°- 7 01/10/97 11:41 TX/RX N0.2209 P.001 M DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Paae 1 of 2 Project/Site: 3.5 acre Forest Hills Drive/Burnt Mill Creek Date: Aug.9,96 Applicant/Owner: Craig Watkins County: New Hanover Investigator: Chip Jackson State: NC 1o Normal Circumstances exist on the site? Yes No Community ID: Upland the site significantly disturbed (Atypical Situation)? Yes No Transect ID: s the area a potential Problem Area? Yes No Plot ID: If needed, explain on reverse.) VEGETATION ominant ant Species Stratum Indicator uominanr viam apecies ailauul, 111414O1V1 Long Leaf Pine Partrige pea Pinus palustris tree FACU+ 9. Cassia fasciculata .cg over FACU White Oak Wild Grape Quercus alba tree FACU 10. Vitis rotundifolia w.vine FAC Sweetgum Horse Sugar Liquidamber styraciflua tree FAC+ 11. Dogwood scrub/ Privette Corpus florida tree FACU 12. Laurel Oak Quercus laurifolia tree FACW 13. Magnolia scrub/ Magnolia grandiflora tree FAC+ 14. Bracken Fern Pteridium aquilinum .cg over FACU 15. Sweet Pepper Clethra alnfolia .cg over FACW 16. Percent of Dominant Species that are OBL, FACW or FAC (exclu(uding FAC-) 60 percent Remarks: HYDROLOGY Wetland Hydrology Indicators: X Recorded Data (Describe in Remarks): Primary Indicators Stream,Lake, or Tide Gauge _ Inundated _ X Aerial Photographs Saturated in Upper 12 Inches Other _ Water Marks _ No Recorded Data Available Drift Lines Sediment Deposits _Drainage Patterns in Wetlands Field Observations: Secondary Indicators (2 or more required): Oxidized Root Channels in Upper 12 inches Depth of Surface Water: - (in.) Water-Stained Leaves _Local Soil Survey Data Depth to Free Water in Pit: >40" (in.) _FAC-Neutral Test Other (Explain in Remarks) Depth to Saturated Soil: >40" (in.) Remarks: Area appears to be hydrolically altered from the channelization of Burnt Mill Creek. County orthophoto used in the field. cnu c Prniect/Site Craia Watkins Tract Paqe 2 of 2 Map Unit Name (Series and Phase): Baymeade fine sand Drainage Class: one Field Observations Taxonomy (Subgroup): Arenic Hapludults Confirm Mapped Type? Yes No Profile Description: Depth Matrix Color Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) Abundance/Contrast Structure, etc. It.gray fine sand 0-4" A 10YR 6/1 none friable, few roots pale yellow fine sand 4" -22" B 10YR 7/4 none suban ular block stru heavy clay lens 22"-28" BT1 10YR 6/8 none massive few, inclusions of clean 28"-32" BT2 10YR 5/6 fine sand 2.5y 810 sandy clay fine sand, leached 32" - 40" C 2.5Y 8/0 none no PED structure profile not examined below 40" Hydric Soil Indicators: Histosol Concretions _ Histic Epipedon _ -High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor _Organic Streaking in Sandy Soils _ _ Aquic Moisture Regime -Listed on Local Hydric Soils List - Reducing Conditions -Listed on National Hydric Soils List Gleyed or Low-Chroma Colors -Other (Explain in Remarks) Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes No (Circle) (Circle) Wetland Hydrology Present? Yes No Hydric Soils Present? Yes No Is this Sampling Point Within a Wetlan(Yes No Remarks: No hydric soils found in upland areas. Applicant/owner; Craig Watkins Land Management Group, Inc. 310 Forest Hills Drive Post Office Box 2522 Wilmington, NC 28403 Wilmington N.C. 28402 251-2284 910-452-0001 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Panes 1 of 2 Project/Site: 3.5 ac - Forest Hills Dr/Burnt Mill Creek Date: Auq. 9,96 Applicant/Owner: Craig Watkins County: New Hanover Investigator: Chip Jackson State: NC Do Normal Circumstances exist on the site? Yes No Community ID: Wetland Is the site significantly disturbed (Atypical Situation)? Yes No Transect ID: Is the area a potential Problem Area? Yes No Plot ID: (If needed, explain on reverse.) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species aua?um Ir,utUdlul Liquidamber styraciflua tree fac+ 9. Smilax rotundifolia w.vine fac Acer rubrum tree fac 10. Smilax laurifolia w.vine facw+ Liriodendron tulipifera scrub fac 11. Magnolia grandiflora tree fac+ 12. Osmunda cinnamonia .cg over facw+ 13. Woodwardia areolata .cg over obl 14. Osmunda regalis .cg over obl 15. Ligustrum sinense scrub fac 16. Percent of Dominant Species that are OBL, FACW or FAC (exclu(uding FAC-) 100% Remarks: HYDROLOGY Wetland Hydrology Indicators: X Recorded Data (Describe in Remarks): Primary Indicators Stream,Lake, or Tide Gauge _Inundated _ X Aerial Photographs X -Saturated in Upper 12 Inches Other _ Water Marks _ No Recorded Data Available _ Drift Lines _Sediment Deposits X Drainage Patterns in Wetlands Field Observations: Secondary Indicators (2 or more required): Oxidized Root Channels in Upper 12 inches Depth of Surface Water: (in.) X Water-Stained Leaves X Local Soil Survey Data Depth to Free Water in Pit: 8" (in.) _FAC-Neutral Test X Other (Explain in Remarks) Depth to Saturated Soil: 8" (in.) Remarks: County orthophoto used in the field for delineation. Wetland line flagged in pink/black ribbon. Mucky modifier (greasy surface) found in upper 6". Area appears to be hydrolically altered from the channelization of Burnt Mill Creek. SOILS Proiect/Site 3 5 ac - Forest Hills Dr/ Burnt Mill Creek Page 2 of 2 Map Unit Name (Series and Phase): Johnston loam Drainage Class: Four Field Observations Taxonomy (Subgroup): Cumulic Humaquepts Confirm Mapped Type? Yes No Profile Description: Depth Matrix Color Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) Abundance/Contrast Structure, etc. fine sandy loam,mucky 0-16" A 10YR 3/1 none <15%coated rains sandy loam,no muck 16" -30" ACG 10YR 4/1 none drk grayish brown profiles not examined below 30" Hydric Soil Indicators: Histosol _ Concretions _ Histic Epipedon X High Organic Content in Surface Layer in Sandy Soils _ X Sulfidic Odor -Organic Streaking in Sandy Soils Aquic Moisture Regime X Listed on Local Hydric Soils List Reducing Conditions -Listed on National Hydric Soils List - X Gleyed or Low-Chroma Colors X _Other (Explain in Remarks) Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes No (Circle) (Circle) Wetland Hydrology Present? Yes No Hydric Soils Present? Yes No Is this Sampling Point Within a Wetlan(Yes No Remarks: App icant/owner; Land Management Group, Inc. Craig Watkins PO Box 2522 310 Forest Hills Drive Wilmington, NC 28402 Wilmington, NC 28403 910-452-0001 251-2284