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HomeMy WebLinkAbout19970597 Ver 1_Complete File_19970825State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director APPROVAL of 401 Water Quality Certification Mr. Tom Young P.O: Box 14 Winnabow, NC 28472 Dear Mr. Young: ALTvw r41 * A [DEHNR August 25, 1997 Brunswick County WQC 401 Project #970597 You have our approval, in accordance with the attached conditions, to place fill material in 0.09 acres of wetlands or waters for the purpose of constructing a road crossing for a hiking trail at Harbor Oaks subdivision, as you described in your application dated 21 June 1997. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3103. This Certification allows you to use Nationwide Permit Number 14 when it is issued by the Corps of Engineers. 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. Also this approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. 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. 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). For this approval to be valid, you must follow the conditions listed in the attached 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. S. ly, P ston owar, , Jr. P.E. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DWQ Regional Office Mr. John Dorney Central Files Paul Farley; Land Management Group 970597.1tr 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 Affirmative Action Employer • 50% recycled /10% post consumer paper Ad 0y)ewe A 2522 Wldm&W", .NA Vato&na 22840,2 9d' - 990 -452-0009 L� �02� TFA L C'F 2 June 21, 1997 �Fs Mr. John Dorney Division of Water Quality NC Dept. of Environment, Health and Natural Resources 44401 Reedy Creek Road Raleigh NC, 27607 Dear John: 97 05 q �� 94 3805 %' 1ajA&t & .ao&um Vdmin#", ./W ,48403 Enclosed is a Nationwide 14 for Harbor Oaks Subdivision in Southport. The application proposes to impact 0.09 acres (150'x 30') of wetlands for a road crossing. The crossing will allow for the completion of a hiking trail as well as allowing for emergency vehicle access. The crossing area was selected to minimize wetland impacts. Thank you for your assistance in this matter. If you have questions, please contact Rob Moul or me. Sincerely, Paul M. Farley Wetland Scientist Enclosure: 7 copies of application cc: Allen Davis, U.S. Army Corps of Engineers Jim Gregson, D.W.Q. Janet Russell, CAMA National Marine Fisheries Service Renee Gledhill Early, S.H.P.O Mr. Tom Young J (A \Q- 2-3, i9q -�- -T hs�� 7 G w or ze "1-3 ('�Ctvkw C)Q -P %Uv r,4 , Co,-r o 1 , DEM In• CORPS ACTION ID: NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): 14 PRE - CONSTRUCTION NOTIFICATION APPLICATION FOR NATIONWIDE PERMITS THAT REQUIRE: 1. NOTIFICATION TO THE CORPS OF ENGINEERS 2. APPLICATION FOR SECTION 401 CERTIFICATION 3. COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT 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. OWNERS NAME: Tom Youno 2. MAILING ADDRESS: P.O. Box 14 Winnabow. NC 28472 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): Harbor Oaks Subdivision. Located between Leonard Street and Moore Street. Southport. Brunswick Countv. North Carolina TELEPHONE NUMBER: 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Paul Farlev or Rob Moul c/o Land Manaaement GrouD. P.O. Box 2522. Wilminaton. NC 28402. (910) 452 -0001 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: Brunswick NEAREST TOWN OR CITY: Southport SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): Located between Leonard and Moore Streets. immediately north of Ferry Road in Southport. North Carolina 6. IMPACTED OR NEAREST STREAM /RIVER: Price's Creek RIVER BASIN: CaDe Fear River 7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY (WS -1 OR WS -II)? YES o 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? 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 60acres 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 20 10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: 0.09 acres EXCAVATION: FLOODING: OTHER: DRAINAGE: TOTAL ACRES TO BE IMPACTED: 0.09 acres 10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION): N/A LENGTH BEFORE: FT. AFTER: FT. WIDTH BEFORE (based on normal high water contours): FT. AVERAGE DEPTH BEFORE: FT. AFTER: FT. (2) STREAM CHANNEL IMPACT WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: CHANNEL EXCAVATION: CONSTRUCTION OF A DAM FLOODING: OTHER: 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? 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED (ATTACHED PLANS: 8 %" X 11" DRAWINGS ONLY): The proposed activities will create a crossina (125' x 30'. —0.09 acres) for a proposed Harbor Oaks Dark to be associated with Harbor Oaks subdivision. the crossina will also allow for emeraencv vehicle access. Work will be comDleted to acceptable enaineerino standards 13. PURPOSE OF PROPOSED WORK: to complete a crossina for foot traffic and emeraencv vehicles 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS): Crossina is necessary for emeraencv Durooses. Crossina location represents the minimal distance Dossible 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: no lonaer mail applications to F &WS Der their reauest 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 PROJECT. DATE CONTACTED: mailed application 6/23/97 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES [ ] NO [xj (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. power plant f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? On site waste disposal systems designed to NC DEHNR standards g. 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. 6WNER'S /AGENT'S SIGNATURE D�TE Paul M. Farley Wetland Scientist Land Management Group, Inc. (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED (18g.)) ti G Harbor Oaks Subdivision Brunswick County, NC t \ 3Iuu r hi1''urt L , IyL Not to scale LAND MANAGEMENT GROUP, INC June 21, 1997 NWP 14 Request Vicinity Map Crossing Area ( -125', 0.09 acres) R; i Harbor Oaks Subdivision LAND MANAGEMENT Brunswick County, NC GROUP, INC June 21, 1997 NWP 14 Request Site Plan J 1000 2000 4000 SCALE 1" = 2000' Harbor Oaks Subdivision LAND MANAGEMENT Brunswick County, NC GROUP INC NWP 14 Request U.S.G.S. Topo Map June 21, 1997 Southport Quad 1� 1000 2000 4000 SCALE 1" = 2000' Harbor Oaks Subdivision LAND MANAGEMENT NWP 14 Request Brunswick County, NC GROUP, INC N.R.S.C.S. Soils Map June 21, 1997 l LAND MANAU1:M1ZN 1 UKVUVt nvc.. DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Page 1 of 2 Project/Site: Tom Young - Price's Creek Tract Date: 12/31196 Applicant/Owner: Tom Young County: Brunswick Investigator: Paul Farley State: North Carolina Do Normal Circumstances exist on the site? No Community ID: wetland Is the site significantly disturbed (Atypical Situation)? Yes o Transect ID: Is the area a potential Problem Area? Yes o Plot ID: I(if needed, explain on reverse.) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator I. Nyssa sylvatica Tree FACW 9. 2. Acer rubrum Tree FAC 10. 3. Ilex opaca Shrub FAC- 11. 1. flex coriacea Shrub FACW 12. Ilex coriacea Herb FACW 13. 3. Persea borbonia Herb FACW 14. T. Woodwardia areolata Herb OBL 15. 3. 16. Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC.) 86% Remarks: HYDROLOGY _ Recorded Data (Describe in Remarks): _ Stream, Lake, or Tide Gauge _Aerial Photographs Other x No Recorded Data Available Field Observations: Depth of Surface Water: 0 (in.) Depth to Free Water in Pit: 4 (in.) Depth to Saturated Soil: surface (in.) iRemarks: Wetland Hydrology Indicators: Primary Indicators _ Inundated x Saturated in Upper 12 Inches _ Water Marks _ Drift Lines _ Sediment Deposits Drainage Patterns in Wetlands Secondary Indicators (2 or more required): _ Oxidized Root Channels in Upper 12 inches _ Water- Stained Leaves Local Soil Survey Data x FAC - Neutral Test Other (Explain in Remarks) . _. . . _ a V SOILS Project/Site: Price's Creek Tract ti Map Unit Name (Series and Phase): Dorovan Taxonomy (Subgroup) Typic Medisaprists Profile Description: Depth Matrix Color (inches) Horizon (Munsell Moist) 0 -12 O 10YR 2/1 12 -20 02 10YR 2/1 Hydric Soil Indicators: _ Histosol _Histic Epipedon _ Sulfidic Odor Aquic Moisture Regime _ Reducing Conditions x Gleyed or Low - Chroma Colors Remarks: Mucky soil WETLAND DETERMINATION Hydrophytic Vegetation Present? es Wetland Hydrology Present? e Hydric Soils Present? e Remarks: Drainage Class: Field Observations Confirm Mapped Type? Mottle Abundance /Contrast Page 2 of 2 Yes No Texture, Concretions, Structure, etc. muck mucky sand ! _ Concretions x High Organic Content in Surface Layer in Sandy Soils —Organic Streaking in Sandy Soils x Listed on Local Hydric Soils List x Listed on National Hydric Soils List Other (Explain in Remarks) No (Circle) No No Is this Sampling Point Within a Wetla cYes Wetlands connected with Price's creek marsh area OWNER Mr. Tom Young P.O. Box 14 Winnabow, NC 28472 (Circle) No Approved by HQUSACE 3/92 Land Management Group, Inc. Post Office Box 2522 Wilmington, N.0 28402 910 -452 -0001 LAND MANAGEMENT GROUP, INC. DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) 1 Paae 1 of 2 i Project/Site: Tom Young - Price's Creek Tract Date: 12/31/96 Applicant/Owner: Tom Young County: Brunswick Investigator: Paul Farley State: North Carolina Do Normal Circumstances exist on the site? IQ No Community ID: upland Is the site significantly disturbed (Atypical Situation)? Yes Transact ID: Is the area a potential Problem Area? Yes Plot ID: (If needed, explain on reverse.) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator I. Pinus taeda Tree FAC 9. Z. Ilex opaca Shrub FAC- 10. Quercus michauxii Shrub FACW- 11. 4. Persea borbonia Shrub FACW 12. 5. Parthenocissus quinquefolia Herb FAC 13. 14. 3. Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC.) Remarks: HYDROLOGY _ Recorded Data (Describe in Remarks): _ Stream,Lake, or Tide Gauge _Aerial Photographs _ Other x No Recorded Data Available Field Observations: I Depth of Surface Water: 0 (in.) Depth to Free Water in Pit: >24 (in.) Depth to Saturated Soil: >24 (in.) Remarks: sharp wetland/upland break on fairly steep slope 15. 16. 80% Wetland Hydrology Indicators: Primary Indicators _ Inundated _ Saturated in Upper 12 Inches _ Water Marks _ Drift Lines _ Sediment Deposits _ Drainage Patterns in Wetlands Secondary Indicators (2 or more required): _ Oxidized Root Channels in Upper 12 inches _ Water- Stained Leaves _ Local Soil Survey Data x FAC - Neutral Test —Other (Explain in Remarks) Ij SOILS Proiect/Site: Price's Creek Tract Map Unit Name (Series and Phase): Wando Taxonomy (Subgroup) Typic Udipsamments Profile Description Depth Matrix Color (inches) Horizon (Munsell Moist) 0 -10 A 10YR 5/1 10 -20 A2 10YR 6/1 20 -24 B 10YR 4/2 Hydric Soil Indicators: _ Histosol _Histic Epipedon _ Suffidic Odor _Aquic Moisture Regime —Reducing Conditions _Gleyed or Low - Chroma Colors Remarks: No hydrology indicators WETLAND DETERMINATION Hydrophytic Vegetation Present? � No (Circle) Wetland Hydrology Present? Yes Hydric Soils Present? Yes to Drainage Class: Field Observations Confirm Mapped Type? Mottle Abundance /Contrast Page2of2 i i Yes No Texture, Concretions, Structure, etc. loamy sand ' loamy sand I loamy sand _ Concretions _High Organic Content in Surface Layer in Sandy Soils _Organic Streaking in Sandy Soils _ Listed on Local Hydric Soils List _ Listed on National Hydric Soils List _Other (Explain in Remarks) (Circle) Is this Sampling Point Within a Wetlan(Yes No I I, (Remarks: Sharp wetland /upland boundary Wetland/upland boundary marked with pink and black ribbons OWNER Mr. Tom Young P.O. Box 14 Winnabow, NC 28472 Approved by HQUSACE 3/92 Land Management Group, Inc Post Office Box 2522 Wilmington, N.0 28402 910 -452 -0001 .W SENT BY:Wilmington District ; 7- 7 -97 ; 17:13 : USACE -Reg. Branch-► 919 733 9959 :9 1 gall-CON9TRUCTIQU NOTIFICATION (PCK) NATIOMDE 14 T0: NATIONAL MARINE FISHERIES /BEAUFORT, NC FISH & WILDLIFE SERVICE /RALEIGH, NC NC DIVISION OF WATBR QUALITY /RALEIGH, NC EPA /ATLANTA, GA STATE HISTORIC PRESERVATION OFFICE /RALEZGn, NC 1. ACTION ID. 1g9707A00 2. APPLICANT 3. DATE OF TRANSMITTALt =X.7. .7. x.997 4. RESPONSE DEADLINE i MMY,.11, 1997 S. COMMENT DEADLINE (10 days from reeponee deadline): �7ULY 21. 1997 6. SEND COMMENTS TO WILMINGTON DISTRICT CORPS OF ENGINEERS. WTLMI QIQN REGULATORY FIELD OFFICE ATTNt ALLEN DAVIS (910) 251 -4466 PAX SQ, (910) 25l. -402 NUMBER OF PAGES, INCLUDING THIS SHEET: 1 -4