HomeMy WebLinkAbout19950874 Ver 1_COMPLETE FILE_19950110State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B, Hunt, Jr„ Governor
Jonathan B, Howes, Secretary
A. Preston Howard, Jr., P.E„ Director
APPROVAL of 401 Water Quality Certification
Miller Building Corporation
P. O. Box 2046
Wilmington, N.C. 28402
Dear Sirs:
A4; -tow
September 11, 1995
Pendcr County
DEM Project # 95874
F Popy
You have our approval to place fill material in 1.86 acres of wetlands or waters for the purpose
of constructing a commercial facility at SR 1623 and I-40 near Leslie Locke facility, as you described
in your application dated 16 August 1995. After reviewing your application, we have decided that this
fill is covered by General Water Quality Certification Number 2671. This certification allows you to
use Nationwide Permit Number 26 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. If
you change your project, you must notify us and you may be required to send us a new application.
For this approval to be valid, you must follow the conditions listed in the attached certification. In
addition, you should get any other federal, state or local permits before you go ahead with your
project.
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 Environmental Management under Section 401
of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786.
Sincerely,
I ?1
ton Howard, Jr
1
Attachment
ce: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
Mr. John Domey
Central Files
Rob Moul; Land Management Group 95874.1tr
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496
An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
DEM ID: 9 5Z-19 ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #) : NWP 26
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. BOX 1890
WILMINGTON, NC 28402-1890
ATTN: CESAW-CO-E
Telephone: 910-251-4511
WATER QUALITY PLANNING
DIVISION OF E1fVIRONNZNTAIr:MANA6
NC DEPARTMENT OF ENVIRONIONT,' H $
AND NATURAL RESOURCES
P.O. BOX 29535
RALEIGH, NC 27626-0535 fi
Telephone:(919)-733-5083
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS.
SEVEN(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL
MANAGEMENT
PLEASE PRINT.
1. Owners Name: Miller Building Corporation
2. Owners Address: P.O. Box 2046 Wilmin tg on, NC 28402
3. Owners Phone Number (Home):
(Work):
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
Rob Moul c/o Land Management Group, Inc.
P.O. Box 2522
Wilmington, NC 28402 910-452-0001
Location of work (MUST ATTACH MAP). County: Pender
Nearest Town or City: Burgaw
Specific Location (Include road numbers, landmarks, etc.):
Site is located adjacent to I-40. The site must be accessed from state road 1509. From HWY 53 from
Burgaw, turn east on S.R. 1509. Just before crossing the 1-40 overpass, turn right or south on S.R. 1623 McKo
Road). Site is located at the end of S.R. 1623 on the left side of the road. The site has been recently bush-hogged
to provide access.
6. Name of Closest Stream/River: Burgaw Creek
7. River Basin: Cape Fear
8. Is this project located in a watershed classified as Trout,SA,HQW,ORW,WSI,or WSII? YES[ ] NO[X]
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO [X]
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 1.86 acres
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 1.86 acres
Drained:
Flooded:
Excavated:
Total Impacted: 1.86 acres
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): fill permits needed to place fill
in wetlands to bring elevation to grade with surrounding upland areas for the purpose of plant expansion
13. Purpose of proposed work: The proposed fill is necessary for bringing elevations to grade to expand the
existing facili
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note
measures taken to minimize wetland impacts. Plant facility does not have available adjacent roe to expand
to that does not include wetland areas. The plant must expand in the direction indicated to maintain conti uous
plant layout. The existing facility cannot support continued economic rg owth without plant expansion and cannot
move to another location without completely rebuilding the facility.
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries
Service (NMFS) regarding the presence or 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. Have you done so?
YES [X] NO [ ]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic
properties in the permit area which may be affected by the proposed project: Have you done so? YES [X] NO
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation may showing all wetlands, streams, and lakes on the property.
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. If a stormwater management plan is required for this project, attach copy.
E. What is land use of surrounding property? industrial
F. If applicable, what is proposed method of sewage disposal? county sewer
U_? August 17. 1995
Rob Moul ;? Date
1
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LAND MANAGEMENT
Leslie Lock Expansion GROUP INC.
Burgaw Township ' ' a Vicinity Map
Pender County, North Carolina
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Leslie Lock Expansion
Burgaw Township
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GROUP, INC. °? Pender County Soils Map
Proposed NWP 26
Approximate Scale in Feet
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Leslie Lock Expansion
Burgaw Township
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Approximate Scale in Feet
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GROUP, INC. "a U.S.G.S 7.5" Topographic
Proposed NWP 26
LAND MANAGEMENT GROUP, INC.
DATA FORM
ROUTINE WETLAND DETERMINATION UPLAND
(1987 COE Wetlands Delineation Manual)
pwna 1 of 9
Project/Site: Leslie Locke Expansion Date: Jan.22,95
Applicant/Owner: Miller Building Corporation County: Pander
Investigator: Rob Moul State: NC
Do Normal Circumstances exist on the site? ? No Community ID: Upland
Is the site significantly disturbed (Atypical Situation)? Yes Transact ID: -
Is the area a potential Problem Area? Yes No) Plot ID: -
(If needed, explain on reverse.)
VEGETATION
Dominant ant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Loblolly pine Tree FAC 9. Carolina jessamine W. Vine FACU
2. Turkey oak Shrub FACU 10. Sweet pepper G. Cover FACW
& Water oak Shrub FACU 11. Bracken fern G. Cover FACU
4. Yellow P0 91W Tree FAC 12. Partrige pea G. Cover FACU
5. Dogwood Shrub FAC 13.
6. Sassafrass Shrub FACU 14.
7. American holly Shrub FACW+ 15.
8. Wild grape W. Vine FAC 16.
Percent of Dominant Species that are OBL, FACW or FAC
(excluding FAC-) 50%
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: > 12" (in.) FAC-Neutral Test
_Other (Explain in Remarks)
Depth to Saturated Soil: > 12" (in.)
Remarks:
Site flagged using color -infrared aerial photography.
SOILS
Project/Site: Leslie Locke
Page 2 of 2 upland
Map Unit Name
(Series and Phase): Rains fine sandy loam Drainage Class: Three
Field Observatbns
Taxonomy (Subgroup): Typic Paleaquults Confirm Mapped Type? Yea No
Profile Description:
Depth Matrix Color Mottle Texture, Concretions,
pnches) Horizon (Munsell Moist) Abundance/Contrast Structure, etc.
very friable; weak
0-7 A 10YR 2/1 - fine granular structure
very friable; weak
7-12 EG 10YR 6/2 - med. granular structure
friable; weak fine
12 - 16 BEG 10YR 6/1 medium distinct (10YR 6/8) sub angular block struc
common medium distinct friable; weak medium
16 - 41 BTG 10YR 6/1 10YR 6/8 & 7.5YR 5/8 suban ular block struc
Hydric Soil Indicators:
_Histosol Concretions
_Histic Epipedon -
-High Organic Content In Surface Layer In Sandy Soils
Sulfidlc Odor Organic Streaking in Sandy Soils
X Aquic Moisture Regime X Listed on Local Hydric Soils List
X Reducing Conditions Listed on National Hydric Soils List
X Gleyed or Low-Chroma Colors Other (Explain In Remarks)
Remarks:
WETLAND DETERMINATION
Hydrophytic Vegetation Present? JW' No (Circle) (Circle)
Wetland Hydrology Present? ea No
Hydric Soils Present? es ) No Is this Sampling Point Within a Wetland? 'es No
Remarks:
Wetland line flagged in pinkiblack ribbon.
Approved by HOUSACE /9
Applicant/owner;
Miller Building Corporation Land Management Group, Inc.
P.O. Box 2046 Post Office Box 2522
Wilmington, N.C. 28402 Wilmington, N.C. 28402
910-452-0001
LAND MANAGEMENT GROUP, INC.
DATA FORM
ROUTINE WETLAND DETERMINATION WETLAND
(1987 COE Wetlands Delineation Manual)
Paa e 1 of 2
Project/She: Leslie Locke Expansion Date: Jan.22,95
Applicant/Owner: Miller Building Corporation County: Pander
Investigator: Rob Moul State: NC
Do Normal Circumstances exist on the site? ® No Community ID: Wetland
Is the site significantly disturbed (Atypical Situation)? Yes (Ro)
- Transect ID: -
Is the area a potential Problem Area? Yes XQ
) Plot ID: -
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Species Stratum I ndicator om nant Plant Species Stratum Indicator
1. Loblolly pine Tree FAC 9. Gordonia Shrub FAC
2. Black gum Tree OBL 10. Netted chain fern G. Cover OBL
3. Sweet bay Tree FACW+ 11. Cinnamon fern G. Cover OBL
4. Sweet gum Tree FAC+ 12. Royal fern G. Cover OBL
5. Red maple Tree OB 13. Lizardtail G. Cover OBL
6. Water oak Tree FAC 14. Catbrier ' W. Vine FAC
7. TITI
Shrub
FACW r
15. Smilax
W. Vine
FAC
8. Fe sh Shrub FACW 16.
Percent of Dominant Species that are OBL, FACW or FAC
(excluding FAC-) 00 J?o
Remarks:
I
HYDROLOGY
Wetland Hydrology Indicators:
Recorded Data (Describe in Remarks): Primary Indicators
Stream,Lake, or Tide Gauge Inundated
_
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: (in.) _FAC-Neutral Test
-Other (Explain in Remarks)
Depth to Saturated Soil: (in.)
Remarks:
'I
I
SOILS Prnlect/Sitw Leslie Lndce Fxnanainn Paae 2 of 2 wetland
Map Unit Name
(Series and Phase): Tomotley fine sandy loam Drainage Class: Four
Field Observations
Taxonomy (Subgroup):Typlo Ochraquults Confirm Mapped Type? Yes No
Profile Description:
Depth Matrix Color Mottle Texture, Concretions,
(inches) Horizon (Munsell Moist) Abundance/Contrast Structure, etc.
very friable; weak
0-8 A 1 OYR 2/1 - med. granular structure
very friable; weak
8-11 EG 10YR 6/2 - med. granular structure
common medium distinct friable; weak med.
11 - 33 BTG 10YR 7/2 1OYR 6/6 suban lar blocky stru
common medium distinct very friable; weak med.
33 - 41 BCG 10YR 7/2 1 OYR 6\6 suban lar blocky stru
Hydric Soil Indicators:
Histosol Concretions
_
_Histic Epipedon -High Organic Content in Surface Layer in Sandy Soils
Suifidic Odor Organic Streaking in Sandy Soils
Aquic Moisture Regime -
-Listed on Local Hydric Soils List
Reducing Conditions
_____Reducing Listed on National Hydric Soils List
or Low-Chroma Colors Other (Explain in Remarks)
Remarks:
No hydric soil indicators observed in upland areas.
WETLAND DETERMINATION
Hydrophytic Vegetation Present? a No (Circle) (Circle)
Wetland Hydrology Present9 Fes No
Hydric Soils Present? No Is this Sampling Point Within a Wetland? e? No
Remarks:
Approved 392
Applicant\owner:
Miller Building Corporation Land Management Group, Inc.
P.O. Box 2046 Post Office Box 2522
Wimington, N.C. 28402 Wilmington, N.C. 28402
Project name z Nearest road
County Wetland area - -- acres Wetland width_ feet
NT2MP of Pvaliiatnr Date ,t "• t`
,?etla_nd ul?oca?:o ?;
s
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xxa?errnxt S ii1
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pred Ia?tr orga?rlil furnu?
rt
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Qt
? Bottomland hardwood forest
? Headwater forest
?^amp forest
Ej Wet flat
? Pocosin
? Boa forest
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? Freshwater marsh
? Bog/fen
? Ephemera' wetland
? Carolina Bay
C] Other
"The rating system cannot be applied to salt or brackish marshes o7 stream channels
weight
Water storage
x 4.00 = _
Wetland Score
G=- Bank/Shoreline stabilization x 4.00
Pollutant removal ( x 5.00 - ?"
,
.^"
Wildlife habitat '?•
x 2.00 - gg
.
F
d uat
Ir Aquatic life value _ x 4.00 = .
x..
,x
C?= Recreation/Education x 1 .00
'..:..
C Add 1 point it in sensitive watershed and > 10% nonpoint disturbance within 1 /2 mile upstream, upslope, or radius
57
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August 16, 1995
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wdmi'eg"' ?YfB 28403
John Dorney
Water Quality Planning
Div. of Env. Management
4401 Reedy Creek Road
Raleigh, N.C. 27607
Dear John:
Enclosed is a Nationwide Permit request by the Miller Building
Corporation to fill 1.68 acres of wetlands. A NWP 26 is proposed
for fill to bring 404 areas to grade with existing high ground
areas for the purpose of providing suitable area for the Leslie
Locke plant expansion. Plant expansion is needed at this time due
to the current lack of available space.
Thank you for your timely response and should you have any
further questions, please feel free to contact me at your
convenience.
CJ\cj
Enclosure: 7 copies of application
Cc: U.S. Fish & Wildlife
Martha Boris, C.O.E.
National Marine Fisheries
CANA
?incerely,
Rob Moul ?
Environmental Consultant
P4,
0 North Carolina Wildlife Resources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John Dorney
Water Quality Section, DEM
U111 1L_
William Wescott, Coastal Habitat Coordinator
FROM:
Habitat Conservation Program
DATE September 11, 1995
Subject: Nationwide 401 Permit Application for Miller Building Company, near Burgaw,
Pender County, North Carolina. (Project # 95874)
Staff biologists with the Wildlife Resources Commission have reviewed the project and
associated impacts on wildlife and fishery resources in the area. An onsite investigation was
conducted on September 6, 1995. Our comments are provided in accordance with provisions of
the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.) and
Section 401 of the Clean Water Act (as amended) and North Carolina General Statutes (G. S.
113-131 et seq.).
The applicant is proposing to fill 1.86 acres of wetlands to allow for future expansion of
Leslie Locke building. The plant does not have adjacent property to expand that does not include
wetlands. It appears that several acres on the property has already been filled under prior release
by the C.O.E. The proposed project site has been bushhogged and cleared of vegetation.
Vegetation adjacent to the cleared site includes loblolly pine, water oak, dogwood, American
holly, wild grape, sweet bay, red maple, titi and sweet gum. These wetland areas provide valuable
wildlife habitat for small mammals, reptiles, amphibians and a variety of song birds, serve as
wildlife travel corridors and provide filtration and buffering of runoff which protects water quality
in surrounding areas. Several deer and fox tracks were also noted in the area.
It does not appear that the applicant has attempted to avoid, minimize or mitigate for
wetland impacts associated with the proposed activity. Also, the applicant states that all adjacent
property available for expansion includes wetland areas. Therefore we recommend that
certification be conditioned to require on-site mitigation of 2:1 (wetlands protected from future
impacts:wetland lost).
Thank you for the opportunity to comment on this project. If you have any concerns
about our comments, please contact Brad E. Hammers at (919)-939-1167.
BH/ww
cc: Bennett Wynne, Fisheries Coordinator
Brad E. Hammers, District 2 Fisheries Biologist
Bobby Maddrey, District 2 Wildlife Biologist