HomeMy WebLinkAbout20021749 Ver 1_COMPLETE FILE_20021031I A TF Michael F. Easley, Governor
Q l?
O? QG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
> Division of Water Quality
November, 2002
DWQ# 02-1749
New Hanover County
Mr. Greg Thompson
New Hanover County
414 Chestnut St.
Wilmington, NC, 28401
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Thompson:
You have our approval, in accordance with the attached conditions, to place fill in 0.023 acre of wetlands in order to
construct a road crossing at the New Hanover County Jail Facility, as described in your application received by the Division
of Water Quality on October 31, 2002. After reviewing your application, we have determined that this fill is covered by
General Water Quality Certification Number 3375, which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetlands. This Certification allows you to use Nationwide Permit Number 14 when it is issued
by the U.S. Army 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, Non-Discharge and Water Supply
Watershed regulations. Also this approval will expire when the accompanying 404 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 in writing and you may be required to send us a new application for a new certification. If the
property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for
complying with all conditions. If total wetland and/or stream fills for this project (now or in the future) including future phases
of this subdivision exceed one acre or 150 linear feet of perennial streams, 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, as well as the additional conditions listed below:
1. The culvert must be designed, constructed and placed to allow aquatic life passage;
2. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or
areas within 50 feet of all streams and ponds. These mechanisms shall be put in place within 30 days of the date of this
letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format can be downloaded from
the 401Mletlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands .
3. You are required to return the attached Certification of Completion form to notify DWQ when all work included in the 401
Certification has been completed.
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 1506 of the North Carolina General Statutes to the Office of Administrative Hearings, Mail Service Center 6714,
Raleigh, N.C. 27699-6714. 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 Noelle Lutheran in DWQ's Wilmington Regional Office at 910-395-3900 or Cyndi Karoly in
the Central Office in Raleigh 919-733-9721.
R Sincerely,
P.
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 `" (919) 733-7015
. M.
Customer Service
1 800 623-7748
AW K/cbk
Attachments
cc: Corps of Engineers Wilmington Regulatory Field Office
Wilmington DWQ Regional Office
Central Files
File Copy
Shane Lippard, 201 N. Front St., Suite 809, Wilmington, NC, 28401
021749
RIGHT ANGLE
ENGINEERING, PC
201 N. Front Street Suite 809Wilmington, NC 28401 Tel. (910) 251-8544 Fax (910) 251-2208
October 28, 2002
To: Mr. John Dorney
Division of Water Quality
Wetlands/401 Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Re: New Hanover County Jail Facility
OCT 3 ir' t
Attached is application and $200 fee for Nationwide Permit 14 for a roadway intersection widening for the
New Hanover County Jail Facility project. The existing roadway intersection for the site has to be
widened due to NCDOT requirements to install a turn lane and deceleration lane.
Please feel free to contact our office at (910) 251-8544 at any time if questions arise or we can provide
assistance in anyway.
S' Y,
W. Shane i pard, PE FILE COPY
Right Angle Engineering, PC
ItSDSUED
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No. 021749
(If any particular item is not applicable to this project, please enter "Not Applicable" or
1. Processing
1. Ch k all of the approval(s) requested for this project:
? Section 404 Permit ? Riparian or Watefshel4kaff
? ection 10 Permit F] Isolated Wetland ermi ' ?`? UP
[v? 401 Water Quality Certification -S r????
2. Nationwide, Regional or General Permit Number(s) Requested: NW 14
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 Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), 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 here: ?
II. Applicant Information
Owner/Applicant Information
Name: New Hanover County/Applicant - Gr e Teo m?soti
Mailing Address: 414 Chestnut Street
Wilmington, NC 28401
Telephone Number: 910-341-7139 Fax Number: 910-341-4035
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: Right Angle Engineering
Company Affiliation: Consulting Engineers
Mailing Address: 201 North Front Street Suite 809
Wilmington, NC 28401
Telephone Number: 910-251-8544 Fax Number: 910-251-2208
E-mail Address:
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: New Hanover County Jail Facility -
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): R05000-001-001-000
4. Location
County: New Hanover Nearest Town: Wilmington
Subdivision name (include phase/lot number): 208 Ac. Parcel
Directions to site (include road numbers, landmarks, etc.): Intersection of Blue Clams Road
and Juvenille Center Road 2025
5. Site coordinates, if available (UTM or Lat/Long): Lat: 34° 19' Long: 77° 54'
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): Project area:.985 ac. (Determined by multipl3dng length of road
widening (1000 If) by right of way width (60').
7. Nearest body of water (stream/river/sound/ocean/lake): Pumpkin Kiln Creek / Prince
George Creek (C, Sw)
8. River Basin: Cape Fear
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at hq://h2o.enr.state.nc.us/admin/nigRs/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Site is currently two lane roadwu. Symmetrical widening
to add turn lanes. Surrounding areas rural.
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used: Project
involves widening of Blue Clay road for turn lanes including re-work of ditch lines. Work
will include clearing excavation, stone and asphalt placement to widen road. Drainage
pattern on wetland side of road will not be altered. Areas will be returned as closely as
possible to original grades and topography. Drainage patterns will not be permanently
altered.
11. Explain the purpose of the proposed work: Widen Blue Clay Road as required by NCDOT
to accommodate additional traffic to new jail facility.
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.
Nationwide 39 for construction of the jail facility. Permitted March 9, 2000.
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.
There is no additional work in wetlands anticipated by New Hanover County at this site.
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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must 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 wetland or stream
Page 7 of 12
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Wetland is portion of roadside
ditch that will be reworked during the widening of Blue Clay Road. TgmpoM impacts will
be caused by grading work Area will be returned as closely as possible to original grades
and topography. Drainage patterns will not be permanently altered.
2. Individually list wetland impacts below:
Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland***
(indicate on ma) (acres) (es/no (linear feet
Area 1 Mech. Clearing 0.023 ac No +/_1000 Adj. to creek
Excavation/temp
* List each impact separately and identify temporary impacts. 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.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at lam://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: project area
wetlands: 0.023 ac
Total area of wetland impact proposed: 0.023 ac
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
indicate on ma
Type of Impact* Length of
Impact
linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement-wall, rip-rap, crib wall, 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.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several interet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.niapguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 0
Page 8 of 12
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
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.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
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.
Impacts to be temporary due to grading and will be restored to original condition.
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.
Page 9 of 12
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, 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 NCWRP 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
hLtp://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
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.
Wetland pocket to be restored to pre-construction condition after project complete. Impacts
Are temporary for access to grading around the roadway.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
(919) 733-5208 to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Page 10 of 12
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state)1 d?
Yes [vf No ?
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 review current thresholds for environmental documentation.
Yes ? No
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.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify. )?
Yes ? No JK If you answered "yes", provide the following information:
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* (square act feet) Multiplier Required
Total
* Zone I extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 11 of 12
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both 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.
Existing road will be widened to add turn lanes. Existing drainage patterns will be maintained.
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.
No wastewater will be generated by this project.
XIII. Violations (required by DWQ)
Is this site in violation of DW Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. 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).
l
cz_
Ap?plfcantfAgent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
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DATA FORM
ROUTINE WETLAND DETEMNATION
(1987 COE Wetlands Delineation Manual)
ProjectlSite: Blue Clay Road Intersection Widening Date: _ 8120102
ApplicantlOwner: New Hanover CounWftht Angle Er>gineering County: New Hanover
Investigator. Paul Farley- State: North Carolina
Normal Circumstanoes exist on the site? Community ID: wetland
the side significantly disturbed (Atypical Situation)? Yes Traneect ID:
the area a potential Problem Area? Yes o Plot ID:
needed, explain on reverse,)
VEGETATION
om nani ant leg Stratum In rcator Ominant Plant peciea Stratum Indicator
Acerrubrum Shrub FAC 9.
Cydile mcemlllo a Shrub FACW 10
flex Q/abra Shrub FACW 11.
Oamunde cinenomnea Herb FACW+, 12.
13.
14.
15.
16.
Percent of Dominant Species that are OBL, FACW or FAC
(enltu uding FAG) 100%
Remarks:
Meets vegetation criterion
HYDROLOGY
Wetland Hydrology Indicators:
_ Recorded Data (Describe it 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
Sediment Deposits
T Drainage Pattems in Wetlands
Field Observations: Secondary indicators (2 or more required):
-Oxidized Root Channels in Upper 12 inches
Depth of Surfaoe Water: none (in.) Water-Stalned Leaves
Loral Soil Survey Date
Depth to roe water in pit. -10 (in.) x FAC-Neutral Test
-Other (Explain in Remarks)
Depth to Saturated Soil: +10 (in.)
Remarks:
meets hydrology criterion
---. -- - I- - . ---
SOILS
?
Orruorf/Cifa• ?)?_ Y /" idr i/ni_ 11 .L.r<n.l4?w o ?wfh
Unit Name
es and phase): PanteAo
f
r
1 Drainage Class:
Field Observations
norny(Subgroup): Umbrlc Paleaquults
,X
. Confirm Mapped Type? Yes No
Profile Deacripyon:
Depth Metric Color Mottle Texturg, Concretions,
(inches) Horizon (Munsell Molat) Abundenoe/Contrast Structure. etc.
0--12 A 10YR 211, 212 loam
Hydric Soil Indicators:
Histosol Concretion
_Histic Epipedon -High Organic Content in Surface Layer in Sandy Sol
Sulfidic Odor _ Organic Streaking in Sandy Soils
_Aquic Moisture Regime Listed on Local Hydric Soils List
Reducing Conditions Listed on National Hyddc Soda List
x Gleyed or Low-Chrome Colors x Other (Explain in Remarks)
Remarks: Appears to resemble published soil profile although applicant is not a soil scientist
Appears to meet mucky modifier at surface
Hydrophytic Vagetation Present? No (Circle) (Circle)
Wetland Hydrology Present? No
Hydric Soils Present? es No Is this Sampling Point Within a Weil Yea No
Remarks:
Data taken from previous notes and data shoot compiled for Shane Uppard of Right Angle Engineering
by Paul Farley of Land Management Group
Longitude N 34o 18.90'
Latitude W 776 53.69'
Delineation approved by Angie Pennock of the USACE
Applicant/owner; Land Management Group, Inc.
New Hanover County Post Office Box 2522
414 Chestnut Street Wilmington N.C, 28402
Wilmington, NC 28401 910.452-0001