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:
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[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
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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:
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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
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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.))
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Harbor Oaks Subdivision
Brunswick County, NC
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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