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HomeMy WebLinkAbout19970491 Ver 1_COMPLETE FILE_19970206State 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 A74 ED EHNR June 11, 1997 Harnett County DWQ Project # 970491 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Mr. Robert P. Wellons 2004 Cumberland Street Dunn, NC 28335 Dear Mr. Wellons: You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 0.08 acres of wetlands or waters for the purpose of constructing a road crossing at Ivyburne, as you described in your application dated 29 May 1997. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3106. This certification allows you to use Nationwide Permit Number 18 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. 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 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. Deed restrictions, conservation easements or similar mechanisms shall be placed in all lots with remaining jurisdictional wetlands to prevent future fill within 30 days of the date of this letter. 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. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Fayetteville DWQ Regional Office Mr. John Domey Central Files Paul Farley; Land Management S' •el r ston Howard, Jr. 970491.1tr 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 • 500% recycled/100% post consumer paper SENT BY:Wilmington District ; 7- 7-97 : 15:34 ; USACE-Reg. Branch-+ 919 733 99594 1 WATTONWIDS 18 ',COO NC DIVISION OF WATER QUALITY/RALEIGH, NC NATIONAL MARINn FISHERIES/BFAUFORT, NC 1. ACTION ID. 2. APPLICANT : '- 3. DATE OF TRANSMITTALi JULY 7. 1997 4. RESPONSE DEADLINE : J .IX 11, 1997 5. COMMENT DEADLINE (10 days from response deadline): 6. SEND COMMENTS TO WILMINGTON DISTRICT CORPS OF ENGINEERS. ATTN: E DAvTs EM NO. _(910) 2c;1-402A NUMBER OF PAGES, INCLUDING THIS SHEET: 11 Ac. (71tit3 ' iA?7?0 At 6/)ane .x 2522 'Wdlmai47", ?Yodh Wiuokna 28402 9d'- 9,-0-452-000,- XoAea.P. .if&d g 5?t May 29, 1997 Mr. Allen Davis Corps of Engineers Regulatory Branch P.O. Box 1890 Wilmington, NC 28402-1890 Dear Allen: ;x01 ISSUED 9 7 04 9 1 Yai& 14 -T«ey A.A 4ffl,,e 96A 3805 wi*4&w1k .cause Vdlmin#m, M 28403 ?4P??f? Gam! ? Enclosed is a NWP 18 application by Robert Wellons for a road crossing permit for the R.P. Wellons farm "lvyburne." The crossing area is 180'X 20'. The impacted area totals 0.08 acre. The crossing has been located to minimize the crossing distance yet the crossing is necessary for upland access. Thank you for your assistance in this matter. If you have any questions, please feel free to contact me. Sincerely, /I Paul M. Farley Wetland Scientist Enclosure: 1 copy of application cc: ---J-6hn Dorney, D.W.Q. Kim Tripp, U.S. Fish and Wildlife Ken Averitte Mr. Robert Wellons Renee Gledhill Early, S.H.P.O. 05/15/97 THU 11:56 FAX 910 8922 488.8 WELLONS LETTER OF AUTHORIZATION Date: J15 7 ---1 1 /1 - TO WHOM IT MAY CON -E-Sh l1we o P W0 04% do hereby authorize Land Management Group, Inc, to act as my/our agents (s) in the delineation of 404/CAMA wetlands and in requested permit work on my/our property known as R, ? (J-V" bur-. " located in e T _ 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. Si (Owner, Perrnittee, and/or Optionee) LgUUi: • -- _ --- --- -11 11-7 n4u iairT!Sn DEM ID' CORPS ACTION ID: NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): 18 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: Robert P Wellons 2. MAILING ADDRESS: 2004 Cumberland St., P.O. Box 730 Dunn. NC 28335 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): R. P. Wellons Farm "Ivyburne". located on HWY 217. Linden Township. Harnett County. NC 3. TELEPHONE NUMBER (HOME): (910) 897-6702 (WORK): (910) 892-3123 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Paul Farley c/o Land Management Group. P.O. Box 2522. Wilmington. 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: Harnett NEAREST TOWN OR CITY: Linden SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): The tract is located on HWY 217 approximately 1/4 mile north of Cumberland and Harnett County line .Harnett County. North Carolina 6. IMPACTED OR NEAREST STREAWRIVER: Little 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? N/A 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 174 acres 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: cres 10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: 0.08 acres EXCAVATION: FLOODING: OTHER: DRAINAGE: TOTAL ACRES TO BE IMPACTED: 0.08 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'/" X 11" DRAWINGS ONLY): The proposed activities are to complete a road crossing to allow upland access The crossing is neccessary for child crossing access without having to use Highway 217. 13. PURPOSE OF PROPOSED WORK: To allow for completion of the road crossing 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 prohibit g_rgject completion without wetland impacts. The project has been designed to maximize the use of available uplands and minimize wetland impacts. The tract contains approximately 12 acres of wetlands. The proposed site plan only impacts approximately 0.67% of the on-site wetlands. 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 5/29/97 (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 5/29/97 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? Agriculture/mining f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? No additional disposal necessary 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. e'L"-J k-)-t OWNER'S/AGENT'S SIGN URE Paul M. Farley Wetland Scientist Land Management Group, Inc. (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED (18g.)) DATE ?k ?(1 I i r S l l? tC '? \ I 1 I k Y t .r .?1 /t ? ?: 1> >rr.(1 ?j ?' ? a 7 ?` XY'}• 1 B OS r. p 2021 /92027 - / ?`? •.? '` %? .r?.??f ??I= s°.? n i. tii f ?t ok ;,-;? ..,,. -!•.' \_ ? ?• ; I- - r .lam ? 1 , 1 a ! lot s ;! rl j J i ? `? 1 I 3.lTr+ ?\l . 'j 211 ?r • ' • r 's• r? • ? ?`?»11+,.-_ 1 I.`` If"_: u r ?\ Wldenl Cem 105 JI 1 n ?xr \ {?, 1J ! -? f J ? ' • • I ? -- .._ a `'iii I / t , SCALE 1" = 2000' Wellons Tract Highway 217 Harnett County, NC LAND MANAGEMENT GROUP, INC May 29, 1997 NWP Request Topo Map , � �,,' � "�?s' ✓ +:� t � ;�'° ,>'��. err` oj 71, ' '- off' � +� ak �" .��� ' i � , ✓d, J '8is� r� R �q�i Y 'i wA• �' i ins 3 r .1 -� <, ; w �� nom, �, Y , , w� � ��� , • � v ls4 f F 1 }� 41 .wd. f ` � :@�"� 4�'��' y� ��•�, Ari`, is �J\Y ���'.�` "y�l,'y� si. p � ,,a..z„• a � Y .� '� , xto.,.� 4:.- �� ',n ” Gt .�! f�'",• E J.,� .-w;IL` y SRI 'fyC P N r 210 ? , " • E ? f 1 r ( ^.?r 7 .. i ??'???n. JOt niw¢w v ?wyart 1r'r!y ¦¦' I ! ?r p f e?,t«.1 E i`r 21 7 ulw ca[i6, ?' / ? J? !? i •?" ? .. r,w'""''' b flr t •?Y w?¦nFA`?t. .t •? "° ? ?'ti. 02 6 J ,+?n yw?- ' Aw?'c J a lCtrhrfit.. ^oewta- y /?"i 9/40 r r >. pr na'sr 7?o??•ie,. _ r r t `? ??, ?? - ? ?r+l'` rm `?. nr.?,. _. 1.,..;/ f• ,'wF? pOfnM ? .. ? ?, 4 _W n? aw R _ -Ij I ??.} Rp t ? Y , I mo/ ? w ?. 4,6 AY k? ?1 SCALE 1" = 2.4 Miles Wellons Tract LAND MANAGEMENT NWP Request Highway 217 GROUP, INC Vicinity Map Harnett County, NC May 29, 1997 .Y, i , . o? 180'X 20' Crossing (3600 sq.ft./0.08 Acre) T111000 AnnDAIDAI IIAn Cno Wellons Tract Highway 217 Harnett County, NC LAND MANAGEMENT GROUP, INC May 29, 1997 J ; (c? SCALE 1" = 600' NWP Request Site Plan 3 LHNU MH?VAUCMCM ? WTIJUr, lm,. DATA FORM a ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Paae 1 of 2 Project/Site: Wellons Farm Date: 5AY97 Applicant/Owner. Robert Wellons County: Harnett Investigator: Paul Farley State: North Carolina Normal Circumstances exist on the site? ZYes No Community ID: wetland the site significantly disturbed (Atypical Situation)? Yes ? Transect ID: the area a potential Problem Area? Yes Plot ID: needed, explain on reverse.) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator Taxodium disfichum Tree OBL 9. Taxodium dis6chum Shrub OBL 10. Acer rubrum Shrub FAC 11. Saururus cernuus Herb OBL 12. Juncus effusus Herb FACW+ 13. 14. 15. 16. Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC.) 100% Remarks: HYDROLOGY Wetland Hydrology Indicators: _ Recorded Data (Describe in Remarks): Primary Indicators Stream,Lake, or Tide Gauge x Inundated _ Aerial Photographs _ Saturated in Upper 12 Inches Other x Water Marks _ x No Recorded Data Available _ Drift Lines _ Sediment Deposits - Drainage Patterns in Wetlands ield Observations: Secondary Indicators (2 or more required): Oxidized Root Channels in Upper 12 inches Depth of Surface Water: 4 (in.) I _ Water-Stained Leaves _ Local Soil Survey Data Depth to Free Water in Pit: (in.) x FAC-Neutral Test - Other (Explain in Remarks) Depth to Saturated Soil: (in.) Remarks: Inundated, low order stream 11 SOILS Proiect/Site: Wellons Farm Pa e 2 of 2 Map Unit Name (Series and Phase): Roanoke Loam Drainage Class: Field Observations Taxonomy (Subgroup): Confirm Mapped Type? Yes No Profile Description: Depth Matrix Color Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) Abundance/Contrast Structure etc. 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 x Listed on Local Hydric Soils List _ Reducing Conditions x Listed on National Hydric Soils List _ _ Gleyed or Low-Chroma Colors -Other (Explain in Remarks) Remarks: Soil profile not taken due to inundation. Called hydre soil based on soil map type, inundation, and presence of obligate pla WETLAND DETERMINATION Hydrophytic Vegetation Present? C'Q? No (Circle) (Circle) Wetland Hydrology Present? CJs No Hydric Soils Present? No Is this Sampling Point Within a Wetlantl'`?se No :marks: Meets wetland hydrology, hydric soil and hydrophytic vegetation criterion Wetlands are low order riverine system Mr. Bobby Wellons Land Management Group, Inc. Wellons Realty Post Office Box 2522 2004 W. Cumberland Street Wilmington, N.C 28402 P.O. Box 730 910-452-0001 Dunn, NC 28335