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
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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
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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?
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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`
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CCh Ja
Environmental Specialist
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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
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NWP 14 Permit Request
for Craig Watkins
New Hanover County
LAND MANAGEMENT
GROUP, INC
January, 1997
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LOCATION MAP
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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
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SCALE 1" = 660'
NWP 14 Permit Request
for Craig Watkins
New Hanover County
LAND MANAGEMENT
GROUP, INC
January, 1997
New Hanover County
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s\We, t2ie u ideiz5igned, herby authorize Land Management Group,
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listed in the enclosed per-It application- Land Management Group,
Lnc. Should be coutacLed with any questions regarding this permit
application.
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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