HomeMy WebLinkAbout20081407 Ver 1_401 Application_200809080
LMG 8- 1 4 0 7
LAND MANAGEMENT GROUP INC.
"iw Environmental Consultants
September 12, 2008 S E P 1 6 2008
TO: Ms. Kim Garvey WETLANDS AND STORMWA IRBRA ICH
U. S. Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402
RE: Nationwide Permit 39 Application
BPG Properties, Commerce Drive; Leland Industrial Park; Brunswick County, NC
Dear Kim:
Enclosed is a NWP 39 application for your review. This application is submitted on
behalf of BPG Properties Ltd. for the construction of an approximately 992,000-sf warehouse
with two adjacent loading areas on a tract located off of Commerce Drive in Leland Industrial
Park in Leland, NC. Rowel Branch and its adjacent wetlands span the entire southern property
line of this tract and some impacts are unavoidable. Impacts are limited to one road/utility
crossing, which will be placed in the footprint of an existing road to reduce impacts. The road
crossing will permanently impact 0.09 acre of 404 wetlands and the utility line will temporarily
impact 0.02 acre of 404 wetlands. To mitigate for these impacts, the applicant proposes to buy
into the NC Ecosystem Enhancement Program for the restoration of 0.25 acre of riparian
wetlands.
The Pre-Construction Notification form, associated maps, and site plan are enclosed for
your review. Please contact me if you have any questions. Thank you for your assistance with
this project.
Sincerely,
y 5
ilm Williams
Wetland Scientist
Encl.
C: Mr. John Knott III, BPG Properties Ltd.
Mr. Phil Norris, Norris, Kuske, and Tunstall
Mr. Chad Coburn, DWQ
Mr. Ian McMillan, DWQ
www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402
0 8- 1 4 0 7
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
ktr any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
? 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here:
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check her i ,
II. Applicant Information
SEP 16 2008
1. Owner/Applicant Information
Name: BPG Properties, Ltd. c/o Mr. John Knott III DENR-WATERQUAUT` WEt+IDS nNO STORMWATER b+
Mailing Address: 3200 Centre Square West
1500 Market Street
Philadelphia PA 19102
Telephone Number: (215) 575-2436 Fax Number:
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Kim Williams
Company Affiliation: Land Management Group Inc.
Mailing Address: PO Box 2522
Wilmington NC 28402
Telephone Number: (910) 452-0001 Fax Number: (910) 452-0060
E-mail Address: kwilliamsglmgroup.net
Updated 11/1/2005
Page 5 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: BPG Properties; Leland Industrial Park
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): Portion of 02800008 and 02200009
4. Location
County: Brunswick County Nearest Town: Leland
Subdivision name (include phase/lot number): Leland Industrial Park
Directions to site (include road numbers/names, landmarks, etc.): From Wilmington take
US 17 South into Brunswick County. Merge onto US 74/76. Stay on US 74/76 Take the
Leland exit and turn right onto Mount Misery Road. Turn left onto Industrial Boulevard
(enter Leland Industrial Park). Turn right onto Commerce Drive Property will be on the left
between the railroad and powerline easement.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 34.2774 ON 78.0603 °W
6. Property size (acres): approximately 71 acres
7. Name of nearest receiving body of water: Rowel Branch
8. River Basin: Cape Fear 03030005
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.ne.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The tract is currently undeveloped and forested. Adjacent
Updated 11/1/2005
Page 6 of 12
land use consists of commercial development, light industrial development and undeveloped
land (to the west).
10. Describe the overall project in detail, including the type of equipment to be used: The
project consists of the development of the site for the construction of an approx. 992,000-sf
warehouse with two adjacent concrete loading areas. Three retention ponds will be
constructed. The project will extend Commerce Drive to run adjacent to the property
boundary. Standard sediment and erosion control measures will be implemented during
construction. The existing culverts at the current road crossing will be removed because they
have collapsed and are not functional. They will be removed and the new RCP's will be
placed at a location that more closely reflects the current movement of the water.
11. Explain the purpose of the proposed work: The purpose of the wetland impact is to ant
access and utilities to the proposed warehouse site. The newly constructed roadway will be
an exbansion of Commerce Drive.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. The project area has been delineated by both Tom Gulley of Needham
Environmental and Paul Farley of Land Management Group, Inc. The impact areas were flagged
by Paul Farley. The surveyor is currently prgparing the final wetland survey.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future permit requests are anticipated.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
Updated 11/1/2005
Page 7 of 12
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
Provide a written description of the proposed impacts: Proposed wetland impacts are limited to
.09 acre of permanent impact and .02 acre of temporary impact. The permanent impact is
necessary for the road crossing while the temporarmpact is for the installation of utility lines.
In addition, 86 LF of temporary stream impact is needed to replace existing culverts.
1. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact
(indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres)
(yes/no) (linear feet)
Impact 1 Permanent wetland fill Forested No adjacent .09
Impact 2 Temporary wetland fill Forested No adjacent .02
Total Wetland Impact (acres) 0.11
2. List the total acreage (estimated) of all existing wetlands on the property: - 15 acres
3. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage- multiply length X width. then divide by 43 560.
Stream Impact
Number
(indicate on map)
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)
N/A Rowel Branch Replace existing
culvert (temporary) perennial 5 86 0.01
Total Stream Impact (by length and acreage) 86 0.01
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill. excavation. dredging. flooding- drainnue_ hulkhendc_ etc
Open Water Impact Name
Wat Type of Waterbody Area of
Site Number (if applicable) )
Type of Impact
(lake, pond, estuary, sound, bay,
Impact
(indicate on map) ocean, etc.) (acres)
N/A
Total Open Water Impact (acres)
Updated 11/1/2005
Page 8of12
5. List the cumulative impact to all Waters of the U.S. resulting from the protect:
Stream Impact (acres): 0.01
Wetland Impact (acres): 0.11
Open Water Impact (acres): N/A
Total Impact to Waters of the U.S. (acres) 0.12
Total Stream Impact (linear feet): 86
6. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
N/A
7. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ® uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): Excavation
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): Stormwater
Current land use in the vicinity of the pond: Land is currently undeveloped and forested.
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. The applicant has attempted to
minimize wetland and stream impacts to the greatest extent possible. However, a wetland/stream
system runs the entire width of the property and some impact was needed in order to gain access
to the site. The proposed road has been located in the footprint of the existing road to reduce
impacts. Impacts from the installation of the utility line will be temporary. These wetlands will
be restored to grade and allowed to revegetate. No wetland or stream impact is needed for the
construction of the building itself. Please note that the existing culverts at this road crossing have
collapsed and are not functional. They will be removed and the new RCP's will be placed at a
location that more closely reflects the current movement of the water.
Updated 11/1/2005
Page 9 of 12
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o. enr.state.nc.us/ncwetlands/stnn gide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
To mitigate for the proposed permanent wetland impacts (0.09 ac), the applicant proposes to
buy into the NC EEP for the restoration of 0.25 acre of riparian wetlands.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
(919) 715-0476 to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://l12o.enK.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): 0.25
Updated 11/1/2005
Page 10 of 12
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact Multiplier Required
(square feet) Mitigation
1 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. N/A
Updated 11/1/2005
Page 11 of 12
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. There is no existing impervious cover within the
site. The proposed project plans to create 38.49 acres of impervious cover, which is
approximately 51% of the site. The project engineer is currently preparing a stormwater plan for
this aroiect.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Project will tie into the Town of Leland's wastewater system.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: Project
will not provide connections or utilities to surrounding tracts.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
N/A
9
t Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated 11/1/2005
Page 12 of 12
AGENT AUTHORIZATION FORM
TO WHOM IT MAY CONCERN:
I/we, the undersigned, hereby authorize Land Management Group, Inc. to act as our agent in the
preparation and representation of information related to the permit application for the
site. All questions in regards to this project should be directed
to Land Management Group, Inc.
Sincerely,
Owner/Applicant
'J 4.t'j V P'?CrFF
Print Name
Date
FR@[ROWIR P
SEP 1 6 2008
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
SITE
Map Source: DeLorme: North Carolina Atlas and Gazetteer., 1997 p. 86.
SCALE 1" = 1 mile
BPG Properties Tract Land Management Group, Inc.
Leland Industrial Park Environmental Consultants Figure 1
Brunswick County, NC Wilmington, N.C. Site Location Map
01-07-348W July 2008
The boundary information contained D ???? !J I?
on this map has been overlaid with
no ground control. Information as
shown is approximate and not meant S E P 1 6 2008
to be absolute. Boundary information
taken from the Brunswick County GIS DENR - WATERQUALIT`!
Department. WETLANDS AND STORMWATER BRMCH
Map Source: Leland, N.C., 1984, USGS 7.5' Topographic quadrangle. SCALE 1" = 1,000'
BPG Properties Tract Land Management Group, Inc. Figure 2
Leland Industrial Park Environmental Consultants
Brunswick County, NC Wilmington, N.C. 1984 Topographic Quad
01-07-348W July 2008
Pn
m
la
Tm
Lo
The boundary information contained
on this map has been overlaid with
no ground control. Information as
shown is approximate and not meant
to be absolute. Boundary information
taken from the Brunswick County GIS
Department.
S E P 1 6 2008
DENR - WATER QUALITY
WETLANDS AND SToRWNATER BRANCH
L
SCALE 1 " = 1000'
Map Source: Soil Survey of Brunswick County, 1986
BPG Properties Tract Land Management Group, Inc.
Leland Industrial Park Environmental Consultants
Brunswick County, NC Wilmington, N.C.
01-07-348w July 2008
Figure 3
Generalized Soil Map
Brunswick County, NC
The boundary information contained
on this map has been overlaid with
no ground control. Information as
shown is approximate and not meant
to be absolute. Boundary information
taken from the Brunswick County GIS
Department.
Map Source: Brunswick County Website; GIS section.
BPG Properties Tract
Leland Industrial Park
Brunswick County, NC
01-07-348W
QPm @ Pm oeM p
SEP 1 6 2008
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
SCALE 1" = 500'
Land Management Group, Inc. Figure 4
Environmental Consultants
Wilmington, N.C. Aerial Photograph of Site
July 2008
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D ?
W
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In
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WETLAwQ IMPACT #1 (Perm.):
3,933 S.F. (0.09 AC.)
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/- WETLANDS
t
tNETLAND IMPACT #2 (Temp.):
923 S.F (0.02 AC.)
38.00
80 LF?
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FLARED ENDS
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es 70 LF TWIN 60" RCP CULVERTS
° lFx+` N "10'x10'x6" RIPRAP EACH END
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WETLANDS
WETLANDS
Preliminary: Not for Construction
E0 0 404 Wetlands
SCALE: I"= 60'
0 30 60
® Permanent Wetland Impacts (0.09 ac)
Temporary Wetland Impacts (0.02 ac)
120
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