HomeMy WebLinkAbout19961087 Ver 1_COMPLETE FILE_19961123State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
AK4?EHNR
December 4, 1996
Pender County
DWQ Project # 961087
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Wilmington Land Co.
P.O. Box 3442
Wilmington, NC 28408
Dear Sirs:
You have our approval to place fill material in 0.34 acres of wetlands or waters for the purpose of
constructing it road crossing at Hunters Ridge subdivision off of SR 1437, as you described in your
application dated 16 November 1996. After reviewing your application, we have decided that this fill is
covered by General Water Quality Certification Number 2732. This certification allows you to use
Nationwide Permit Number 14 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 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 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) (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. Deal restrictions or conservation easements shall be added to all lots with remaining wetlands to
prevent future wetland fill. 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. This approval will expire when the accompanying
404 or CAMA permit expires unless otherwise specified in the General Certification.
II' 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. III you have any questions, please telephone John Dorney at 919-733-1786.
Sincerely.
W r Jr. P.E.
Auachmcnt
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
961087.1tr
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
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November 16, 1996
Mr. John Domey
Water Quality Planning
Division of Environmental Management
NC Department of Environment, Health,
and Natural Resources
P.O. Box 29535
Raleigh, NC 27626-0535
Dear John:
RECEIVED
k t 2 5 1996
ENVIRONMENTAL SCIENCES
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Enclosed are two NWP 14 requests by Wilmington Land Company to impact
approximately 0.34 acres of wetlands. Two road crossings (140' , 0.06 acres and 200' 0.28
acres) are necessary to give access to otherwise inaccessible uplands. The crossings will be
completed to NC D.O.T. standards.
Thank you for your assistance in this matter. If you have further questions, please feel
free to contact myself or Mark Tippett.
Sincerely:
Paul M. Farley
Wetland Scientist
Enclosure: Seven application copies
cc: Mickey Sugg, C.O.E.
Janet Russell, C.A.M.A.
National Marine Fisheries Service
U.S. Fish and Wildlife Service
Wilmington Land Company.
Renee Gledhill-Early, S.H.P.O.
fll ISSUED
DEM ID- CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #):
PRE-CONSTRUCTION NOTIFICATION APPLICA
FOR NATIONWIDE PERMITS THAT REQUIRE:
NOV 2 5 1996
•wrl L)S GR(,i
NOTIFICATION TO THE CORPS OF ENGINEERS IVATER UALITY
APPLICATION FOR SECTION 401 CERTIFICATION
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: Wilmington Land Co.
2. MAILING ADDRESS: P.O. Box 3442
Wilmington, NC 28408
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING
ADDRESS ABOVE): The tract is located west of S.R. 1437 in Rocky Point Township, Pender County,
North Carolina see location map in package
TELEPHONE NUMBER (HOME): (WORK):
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: Paul Farlev or Mark Tippett, c/o Land Management Group, P.O. Box 2522,
Wilmington, NC 28402. 9? 10) 452-0001
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY:_Pender NEAREST TOWN OR CITY:-Rocky Point, Castle Hayne
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
Tract is located west of S.R. 1437, south of Hwy 133 in Pender County, North Carolina see site
map in permit package)
6. IMPACTED OR NEAREST STREAM/RIVER: Turkey Creek
RIVER BASIN: Cape Fear River
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (OR", 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? residential
I
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 120.0 acres
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
60.0 acres
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: request # 1 0.06 acres EXCAVATION:
FLOODING: OTHER: _request #2 0.28 acres
DRAINAGE: TOTAL ACRES TO BE IMPACTED: 0.34 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? N/A
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACHED PLANS: 8 1/2" X 11" DRAWINGS ONLY):
Two permits are requested to allow for two seperate road crossings. Crossing # 1 f40 linear feet,
10.06 acres will cross Hunters Ridge Road. Crossing #2 0200 linear feet, 0.28 acres occurs on
Hearthside Drive, also in Hunters Ridge Subdivision. Both crossings will require 60' right-of-ways and
will be constructed to NC D.O.T. standards
13. PURPOSE OF PROPOSED WORK: To allow for completion of two road crossings to allow
access for otherwise inacessable uplands
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS):
Tract boundaries require two crossings to maintain access to S.R. 1437. Tract boundaris prohibit other
access
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 11/21/96 (ATTACH RESPONSES FROM THESE AGENCIES.)
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 11/21/96
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)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL
POLICY ACT?
YES [ ] NO[ ]
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [ ] NO[ ]
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE
CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT-REGARDING COMPLIANCE
WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA
27603-8003, TELEPHONE (910) 733-6369.
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
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
small, on site waste treatment systems designed to NC D.E.H.&N.R. 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.
// ZI L/-6
/ DATE
Paul M. Farley
Wetland Scientist
Land Management Group, Inc.
(AGENT'S SIGNATURE VALID
ONLY IF AUTHORIZATION LETTER
FROM THE OWNER IS PROVIDED
(18g.))
11,121/1996 17:03 9107630659 HACKNEY&COMPANYANY PAGE 01
11/21/UH 1b:bpi k, AA
? r
LETTER OF AUTHORIZATION
Date:_
1Q WHQM IT MAY CONCERN;
1/We do hereby authorize
land Management Group, Inc. to act as my/our a nts (s) in the delineation of
404/CAMA wetlands and in requested permit work pn my/our property known as
Wnj2r Ridge Tract located in Ponder County, N.C. Land
Management Group, Inc- should be contacted when questions arise regarding the
wetland delineation activity and/or permit applications on the above property.
Sincerely, '
(Qwr?e , Pormittee,
11/21/96 16:02
Optionee)
TX/RX NO.1919 P.002 N
SCALE 1" = 2000'
Hunters Ridge Subdivsion
Pender County, NC
LAND MANAGEMENT
GROUP, INC
November 16, 1996
NWP 14 Request
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NC 21o-/
NC 133
S.R. 14,37
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NOT TO SCALE
Hunters Ridge Subdivision
Pender County, NC
LAND MANAGEMENT
GROUP, INC
November 16, 1996
NWP 14 Request
Vicinity Map
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Pender County, NC
LAND MANAGEMENT
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November 16, 1996
SCALE 1" = 2000'
NWP 14 Request
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Impacted area
MODIFIED BY LAND MANAGEMENT GROUP
Hunters Ridge Subdivision
Pender County, NC
LAND MANAGEMENT
GROUP, INC
November 16, 1996
SCALE 1" = 50'
NWP 14 Request
Crossing #1
A` 4
Impacted area
SCALE 1" = 100'
MODIFIED BY LAND MANAGEMENT GROUP
Hunters Ridge Subdivision
Pender County, NC
LAND MANAGEMENT
GROUP, INC
November 16, 1996
NWP 14 Request
Crossing #2
?-` LAND MANAGEMENT GROUP, INC.
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Page 1 of 2
Project/Site: Hunters Ridge Subdivision Date: 9/17/96
Applicant/Owner: The Wilmington Land Company County: Pender
Investigator: Mark Tippett 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 Plot ID:
(If needed, explain on reverse.)
VEGETATION
ominant Plant ecies Stratum Indicator Dominant Plant Species Stratum Indicator
Pinus serotina Tree FACW 9.
Acer rubrum Tree FAC 10.
Smilax laurifolia W. vine FACW 11.
Gordonia lasianthus W. vine FACW 12.
Lyonea lucida Shrub FACW 13.
Nyssa sylvatica Tree FACW 14.
15.
16.
Percent of Dominant Species that are OBL, FACW or FAC
(excluding FAC.) 100°
Remarks:
Meets hyrophytic vegetation criterion
HYDROLOGY
Wetland Hydrology Indicators:
_ Recorded Data (Describe in Remarks): Primary Indicators
_ Stream,Lake, or Tide Gauge _ Inundated
Aerial Photographs x Saturated in Upper 12 Inches
_ Other _ Water Marks
x No Recorded Data Available _ Drift Lines
x Sediment Deposits
x Drainage Patterns in Wetlands
Field Observations: Secondary Indicators (2 or more required):
Oxidized Root Channels in Upper 12 inches
Depth of Surface Water: N/A (in.) x Water-Stained Leaves
_ Local Soil Survey Data
Depth to Free Water in Pit: 6 (in.) x FAC-Neutral Test
_ Other (Explain in Remarks)
Depth to Saturated Soil: 2 (in.)
Remarks:
Meets hydrology criterion with both primary indicators and also two secondary indicators
r 46
.
SOILS
Proiect/Site: Hunters Ridqe Subdivision
Page 2 of 2
Map Unit Name
(Series and Phase : Muckalee _ Drainage Class: Poorly drained
Field Observations
Taxonomy (Subgroup): Typic Hapludults Confirm Mapped Type? Yes No
Profile Description:
Depth Matrix Color Mottle Texture, Concretions,
(inches) Horizon (Munsell Moist) Abundance/Contrast Structure etc.
1-18 A 10YR 312 muck loam
18-30 Cg 10YR 4/1 sand
Hydric Soil Indicators:
_ Histosol Concretions
_ Histic Epipedon _
x High Organic Content in Surface Layer in Sandy Soils
_ Sulfidic Odor _ Organic Streaking in Sandy Soils
Aquic Moisture Regime x Listed on Local Hydric Soils List
_ Reducing Conditions x Listed on National Hydric Soils List
x Gleyed or Low-Chroma Colors -Other (Explain in Remarks)
Remarks: Hydric soil indicators observed on site
Soil verified by Mark Tippett, Licensed Soil Scientist, NC LIC# 1088
VVt I LHNU Ut
Hydrophytic Vegetation Present? No (Circle) (Circle)
Wetland Hydrology Present? We No
Hydric Soils Present? No Is this Sampling Point Within a Wetlan es No
Remarks:
Wetland line flagged in pink/black ribbon
Owner: Land Management Group, Inc.
Wilmington Land Company Post Office Box 2522
P.O. Box 3422 Wilmington, N.C 28402
Wilmington, NC 28409 910-452-0001
LAND MANAGEMENT GROUP, INC.
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Hunters Ridge Subdivision Date: 9/17/96
Applicant/Owner: The Wilmington Land Company _ County: Pender
Investigator: Mark Tippett State: North Carolina
Do Normal Circumstances exist on the site? lY? l o Community ID: upland
s the site significantly disturbed (Atypical Situation)? Yes Transect ID:
s the area a potential Problem Area? Yes N Plot ID:
;If needed, explain on reverse.)
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
Pinus taeda Tree FAC 9.
Comus florida Shrub FACU 10.
Liquidambar styraciflua Shrub FAC+ 11.
Lonicera joponica W. vine FAC 12.
Vaccinium spp. Shrub FAC 13.
14.
15.
16.
Percent of Dominant Species that are OBL, FACW or FAC
(excluding FAC.) 80%
Remarks:
Meets hyrophytic vegetation criterion
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
x 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: N/A (in.) Water-Stained Leaves
Local Soil Survey Data
Depth to Free Water in Pit: N/A (in.) _ FAC-Neutral Test
-Other (Explain in Remarks)
Depth to Saturated Soil: N/A (in.)
Remarks:
No indicators of hydology
SOILS
Project/Site: Hunters Ridge Subdivision
Page 2 of 2
Map Unit Name
(Series and Phase) : Norfolk loamy fine sand Drainage Class:
Field Observations
Taxonomy (Subgro up): Typic Paleudults Confirm Mapped Type? Yes No
Profile Descripti on:
Depth Matrix Color Mottle Texture, Concretions,
(inches) Horizon (Munsell Moist) Abundance/Contrast Structure etc.
0-7 A 10YR5/3 loam sand
7-14 E 10YR 7/4 sand
14-32 Bt1 10YR 5/8 sand clay loam
Hydric Soil Indicators:
_ Histosol _ Concretions
_ Histic Epipedon _ High Organic Content in Surface Layer in Sandy Soils
_Sulfidic Odor _ Organic Streaking in Sandy Soils
_Aquic Moisture Regime Listed on Local Hydric Soils List
_ Reducing Conditions _ Listed on National Hydric Soils List
_Gleyed or Low-Chroma Colors -Other (Explain in Remarks)
Remarks: No hydric soils indicators observed in field.
Soil verified by Mark Tippett, Licensed Soil Scientist, NC LIC# 1088
Ut I LNMINA I IUN
Hydrophytic Vegetation Present? ? No (Circle) (Circle)
Wetland Hydrology Present? Yes F-Nk)
Hydric Soils Present? Yes '(!_5 Is this Sampling Point Within a WetlancYes No
Wetiand line flagged in pink/black ribbon
Owner: Land Management Group, Inc.
Wilmington Land Company Post Office Box 2522
P.O. Box 3422 Wilmington, N.C 28402
Wilmington, NC 28409 910-452-0001