19990651 Ver 1_COMPLETE FILE_19990621

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
OWN
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
July 26, 1999
Brunswick County
DWQ Project #990651
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
ECO Bank
C/o Bill Hoebeke
1555 Howell Branch Road
Suite C- 200
Winter Park, FL 32789
Dear Mr.Hoebeke:
You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 2.7 acres
of ditches for the purpose of restoring wetlands at The Dale Tract off of Hwy 74/76 as, described in your application dated 14
July, 1999. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification
Number 3109. This certification allows you to use Nationwide Permit Number 27 when the Corps of Engineers issues it. 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 Water shed regulations. 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 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 the property is sold, the
new owner must be given a copy of this'Certification and approval letter and is thereby responsible for complying with all
conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation maybe 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.
1. When this site is reviewed by DWQ for its acceptability for compensatory mitigation, the extent of previously existing
wetlands will need to be demonstrated.
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 tinder Section 401 of the Clean Water Act. If you have
any questions, please telephone John Domey at 919-733-1786.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
John Domey
Central Files
John Hennessy
Ron Ferrell, WRP
Rob Moul; Management Group
Si er
T. sevens
990651.1tr
Division of Water Quality - Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer - 50% recycled/10% post consumer paper
MEMORANDUM
TO: John Dorney
Non-Discharge Branch
Regional Contact: J. Steenhuis
WQ Supervisor: Rack Sbaver
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name EcobankBill Hoebeke
Project Number 99 0651
Recvd From APP
Received Date 6/21/99 Recvd By Region
Project Type
County Brunswick
County2
Region Wilmington
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. 6d EN
F 27 F_ PT F__ O N F718-66 ? NSW 30,617. ? F_ F_
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? Q Y O N Did you request more info? Q Y O N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N
Is Mitigation required? Q Y O N Recommendation: Q Issue O Issue/fond O Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
This office would Inke to sae a cerlfled delineation map approved by the COE to net a better idea of
how much wetland is on the seta Otherwise, there is no objection to the projPCt,
cc: Regional Office Page Number 1
Central Office
Facility Name EcobankBill Hoebeke
Project Number 99 0651
Comments (continued from page 1):
County Brunswick
Regional Contact: J. Steenhuis
Date: 7/2/99
cc: Regional Office
Central Office Page Number 2
_?&nd ??anuz??rrz?r? IWMA, inc.
At C)Fm Ax 2522
%Wmaytm, ?YWA %o&w 28402
3'-d. 990-452-0009
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Mr. Dave Timpy
U. S. Army Corps of Engineers
P. O. Box 1890
Wilmington, NC 28403
June 14, 1999
RE: Nationwide Permit #27 Request for Wetland Restoration of the
+ 300 acre "Dale Tract", Brunswick County.
Dear Mr. Timpy:
Enclosed is a revised copy of the Nationwide Permit #27 request for the restoration activity we
discussed on the "Dale Tract" which is being purchased by ECOBANK. This restoration request
is part of the mitigation needed to offset wetland impacts associated with the DOT "Wilmington
Bypass" project. It is the first restoration site of about 6 sites which will be purchased and
managed by ECOBANK.
i
Per your instructions, this NWP #27 request will replace the previous NWP #26 application and
it contains the dimensions of the ditches and subsequent positive wetland impacts envisioned by
ECOBANK and our staff. By copy of this letter, we have also prepared 6 additional copies for the
persons noted below and mailed seven copies to DWQ.
We appreciate your assistance in setting up onsite visits for this site as well as other chosen
mitigation sites and your expeditious processing of this restoration request. Should you have
further questions, please feel free to contact Paul Farley or myself at your convenience.
Sincerely,
R L6-'q&J, 9d
Rob Moul, MEM
Environmental Consultant
RM/ghd
cc: ?John Dorney, DWQ
Joanne Steenhuis, DWQ
Jim Gregson, CAMA
National Marine Fisheries
Renee Gledhill-Early, SHPO
Bill Hoebeke, ECOBANK
PAYMENT
RECEIVED
DHH ID: CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): 27
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.
OWNERS NAME:
ECOBANK c/o Mr. Bill Hoebeke
1555 Howell Branch Road Suite C-200
Winter Park Fla. 32789
ON ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING
The Dale Tract located off Hwy 74/76 in Brunswick Countv, North
Carolina
.x
(HOME): N/A (WORK): [phone]
[phone] fax
: AGENTS NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER:
Land Management Group, Inc. (Paul Farley or Rob Moul)
MAILING ADDRESS: PHYSICAL ADDRESS: TELEPHONE:
P.O. Box 2522 3805 Wrightsville Ave., #14 office [phone]
Wilmington, N.C. 28402 Wilmington, N.C. 28403 fax [phone]
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: Leland
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
Th a tract is located approximately 4000' south of H 74/76 and 5000' west of the U.S. Government
Railroad line in Brunswick County, North Carolina.
6. IMPACTED OR NEAREST STREAM/RIVER: 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? Rural area
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]
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND 300
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 28
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: will fill -2.7 acres of ditches EXCAVATION: N/A
FLOODING: N/A OTHER: 28 acres enhanced: additional 272 acres restored
DRAINAGE: N/A TOTAL ACRES TO BE IMPACTED: 300 acres
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED,
PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION): N/A
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND? N/A
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED (ATTACHED PLANS: 81/2"X11" DRAWINGS ONLY):
Approximately 23,570 linear feet 017,850 ft2 or -2.7 acres) of previously excavated silvicultural ditches
will be filled using earth moving equipment. The filling of these ditches will restore wetland hydrology to
272 acres of drained wetlands and enhance the hydrology of 28 acres of wetlands.
13. PURPOSE OF PROPOSED WORK: The work is part of the overall wetland mitigation plan for
unavoidable wetland impacts associated with the creation of the Wilmington bypass
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 proiect proposes to restore and enhance wetlands not to fill or drain them.
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: mailed application to NMFS on June 4, 1999. No longer
mail applications to F&WS per their request
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 on June4, 1999
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC
(STATE) LAND?
YES[] NO {x] (IF NO, GO TO 18)
While project will eventually be part of the bypass mitigation it is not currently under state control
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 SHOWINGALLWETLANDS, 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? Forestry
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? N/A
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.
OWNER'S/AGENT'S SIG ATURE %
Paul M. Farley
Wetland Scientist
Land Management Group
(AGENT'S SIGNATURE VALID ONLY IF
AUTHORIZATION LETTER FROM THE OWNER IS
PROVIDED (18g.))
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DATE
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