HomeMy WebLinkAbout19910095 Ver 1_COMPLETE FILE_19910202?I 1•
1.
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor 19 1991 George T. Everett, Ph.D.
William W. Cobey, Jr., Secretary August Director
Mr. Kevin Avolis
Avolis Engineering, P.A.
Post Office Box 5564
New Bern, North Carolina 28561
Dear Mr. Avolis:
Subject: Proposed Fill in Headwaters or Isolated Wetlands
Forest Park PUD
Craven County
Upon review of your request for Water Quality Certification
to place fill material in 0.99 acres of wetlands for road
crossings and residential lot fill according to your 7 August
1991 letter, we have determined that the proposed fill can be
covered by General Water Quality Certification No. 2176 issued
November 4, 1987. A copy of the General Certification is
attached. This Certification may be used in qualifying for
coverage under Corps of Engineers' Nationwide Permit No. 26'. An
additional condition is that deed restrictions shall be placed on
all lots and open space with 404 wetlands to prevent fill without
written approval from DEM.
If you have any questions, please contact John Dorney
at 919/733-5083.
Sincerely,
U (, `
George T. Everett
GTE:JD
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Regional Office
Washington Regional Office
Mr. John Dorney
Central Files
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/733-2314 919/946-6481 919/395-3900 919/896-7007
Pollution Prevention Pats
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015
An Equal Opportunity Affirmative Action Employer
DIVISION OF ENVIRONMENTAL MANAGEMENT
U.S. ARMY COE 404 PUBLIC NOTICE OR NATIONWIDE PERMIT APPLICATION REVIEW
PROJECT N E .
COUNTY: L?t,a.tt•-rte PROJECT #:
STREAM OR ADJACENT WATER BODY: "-r y? nl,..?.... ?.2?.-•? CLASS: a
BASIN: '404' PUBLIC NOTICE: (Y OR N)
NATIONWIDE PERMIT: (Y OR N) # 2-19
PROJECT DESCRIPTION:
ASSIGNED TO:
DATE APP. REC'D.: g (YY/MM/DD)
INITIAL REPORT: 9A6,0 4/B (YY/MM/DD) RECOMMENDATION:
FINAL REPORT: &-fTY/ /DD) (ISSUE/DM
'
' ,?? QQ
v
Y CERT.
WATER UALI
1 t401 )
CERT. REQ'D: (Y OR N) QU
IF YES: GENE RAL CERT:. Y (Y OR N) ??•1991
TYPE GEN: ; INDIVIDUAL CERT: to
A
( BULKHEA D , BOAT RAMP, ETC.) 0 /0 QV
n
SEWAGE DISPOSAL ,
s ?r
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TYPE OF DISPOSAL PROPOSED: 4J rI
(EXIST G, PROPOSED SEPTIC
TO BE PERMITTED BY: (DEM, DHS, COUNTY)
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE? (Y OR N)
WATERNETLAND FILL
AREA OF FILL: WATER:
WETLAND : ?t.ce I
IS FILL ELIMINATING A SIGNIFICANT USE? (Y OR N)
DREDGING
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF
RESOURCE? OR N)
IS SPOIL DISPOSAL (Y ADEQUATELY ADDRESSED? (Y OR N)
SEQUENCING C?
IS SEQUENCING REQUIRED? (Y OR N)
PRACTICABLE ALTERNATIVE? /\I(Y OR N)
MINIMIZATION OF IMPACTS? (Y OR N)
MITIGATION PROPOSED? . Y OR N)
cc: WaRO - Dorney - Central Files - COE
AVOLIS ENGINEERING, P.A.
P.O. Box 5564 . New Bern, North Carolina 28561 • (919) 633-0068
August 7, 1991
Mr. John Dorney
?
NC Dept. of Environment, o? 1g
;,, y
Health & Natural Resources CC) -C>
J
Division of Environmental Management ?a°
fir" a
512 N. Salisbury Street
Raleigh, NC 27611
RE: Forest Park Subdivision Redesign
Dear Mr. Dorney:
In response to our telephone conversation today, please find enclosed a
revised subdivision layout for the referenced project and a copy of the
correspondence forwarded to Ms. Debroah Sawyer of the Washington
office.
If you have any questions or if you need additional information, please
do not hesitate to phone.
Very Truly Yours,
Avolis, PE
Vice President
Enclosure
cc: Mr. Fred Morton
r
May 30, 1991
AVOLIS ENGINEERING, P.A.
P.O. Box 5564 . New Bern, North Carolina 28561 . (919) 633-0068
Mrs. Deborah Sawyer
NC Dept. of Natural Resources
and Community Development
Division of Environmental Management
Water Quality Section
P 0 Box 1507
Washington, NC 27889
RE: 401 Water Quality Certification Request for Revised Plan of
Forest Park, New Bern, NC
Dear Mrs. Sawyer:
Referencing our earlier discussion and site meeting regarding the above
referenced project, enclosed please find our revised development plan for
the site. Per your recommendations, we have restricted wetland
development to two roadway crossings instead of the previously requested
four crossings. Both crossings will be culverted to allow water
circulation through the site and are submitted for your approval under
Nationwide Permit 114.
The.isolated area at the western corner of the property as you recall was
walked during our earlier site visit together with Mr. John Dorney and Mr.
Ron Ferrell. At that time, the general consensus was that the isolated
area was of relatively low value and there should not be any objection to
filling it. We are submitting for your approval the filling of this area.
The wetland area on the northern corner of the property will not be
filled. The stormwater management plan has been resubmitted to Mr. Bill
Moore of your office for the low density development option. Mr. Pat
McClaine has been forwarded a revised erosion control plan. A concurrent
request for a wetland fill permits has been forwarded to Mr. Norm Sanders
of the U.S. Army Corps of Engineers.
I hope that our revised development plan will meet with your approval.
Should you have any questions or need further information, please do not
hesitate to give me a call.
Sincerely,
J se h C. Avolis, PE
P e ident
Enclosures
AVOLIS ENGINEERING, P.A.
P.O. Box 5564 . New Bern, North Carolina 28561 • (919) 633-0068
Mrs. Deborah Sawyer
NC Department of Natural
Resources and Community Development
Division of Environmental Manacrement
PO Box 1507
Washington, NC 27889
RE: 401 Water Quality Certification, Forest Park Subdivision,
New Bern, NC
Dear Deborah:
Referencing our on-site meeting of January 2, 1991 regarding the possible
design alternatives for the above referenced project, enclosed please find
a sketch plan of how we propose to change the site layout. It is
requested that you please review the enclosed plan for any potential
permitting conflicts before we engineer the water, sewer and stormwater
management systems. I will give you and John Dorney a call for your
comments. Your assistance is appreciated.
Sincerely,
GL.L,
Jo,%'e p11 C.
P es' ent
Avolis, PE
cc: Mr. John Dorney, DEM Raleigh
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State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Govemor January 4, 1991 George T. Everett, Ph.D.
William W. Coley, Jr., Secretary Director
Mr. Joseph Avolis
Avolis Engineering, P.A.
Post Office Box 5564
New Bern, North Carolina 28561
Dear Mr. Avolis:
As requested during our site visit on January 2 to the
Twinwoods development near New Bern, the following thoughts
relate to wetland impacts onthe site.
We believe that the central slough in the property has
significant uses which require protection by our regulations
(NCAC 2B 15.0109 and .0201(b)). Impact on this wetland can clearly
be avoided by redesign of your project. This would most
efficiently be done by incorporating the community areas into
this wetland area. As we also discussed, some long-term
protection for that slough should be provided (e.g., ownership by
the homeowners association and deed restrictions). As we
discussed, road crossings of this wetland are unavoidable but
still should be minimized. Therefore, we suggest that you
propose as few road crossings as possible.
The small (0.5 acre) wetland in the northwest corner of the
property does not have significant uses and therefore, does not
warrant protection through our regulations. In terms of the
wetlands bordering your northern corner of the property, we
believe that if it is not connected hydrologically across the
property line, then it also would not warrant protection. Wayne
Ragland probably needs to examine the surface drainage in this
area.
PoDuBon Prewntlon Pays
nn R-w 77rR7 RwlviOh Noah Caroliru 77611-7697 Telephone 919-733-7015
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Mr. Joseph Avolis
January 4, 1990
Page Two
I hope these thoughts are useful. We enjoyed the site visit
with Wayne, Ford and yourself. If you have any questions please
call me at 919-733-5083. We will await your response to this
letter before taking any 401 Certification action.
Sincerely,
Jo n R. Dorney
JRD/kls
Avolis.ltr/D-3
cc: Deborah Sawyer
Norm Sanders
AVOLIS ENGINEERING, P.A.
,• ^? -LJ P.O. Box 5564 • New Bern, North Carolina 28561 • (919) 633-0068
December 13, 1990
Mr. John Dorney D4-e 1 ,9,
of North Carolina 9?0
Dept. of Environment, Health
and Natural Resources "
Division of Environmental Management
512 North Salisbury Street
Raleigh, NC 27611
RE: 401 Water Quality Certification, Forest Park Subdivision,
New Bern, NC
Dear Mr. Dorney:
I recently spoke with Mrs. Debra Sawyer of your Washington office
regarding her recommendation for disapproval of the above referenced water
quality certification request. I would like to provide some additional
information regarding that project to justify our proposed site layout.
Forest Park was planned as a relatively
lots are of minimal size (approximately
groups with wooded clusters separating
public streets are curb and gutter with
swale. The overall built upon area for
roads is less than 30%.
high density housing area. The
4200 SF) but are situated in small
the individual housing groups. The
the primary drive having a grass
the site including the public
Our stormwater treatment system consists of low side slope (5:1) swales
that occupy the majority of our areas that were set aside as forested
buffer area. Regardless of our housing unit locations, we would need to
excavate the areas behind the units to transport stormwater runoff. The
construction of stormwater detention ponds are not a viable option based
on their hazard to residents living in this neighborhood. Restructuring
of our layout could jeopardize our low density stormwater management
status or require that we excavate the wetland areas to allow adequate
site drainage.
The proposed site layout is the only marketable alternative for this
property. The site was planned around a maximum of three acres of wetland
fill which has for some time been the threshold for fill recognized by the
Army Corps of Engineers in this district.
It is requested that you please reconsider the approval of this project
under your review guidelines. If you would like to make a site visit to
further observe the conditions, I will be pleased to meet with you.
Should you have any questions, please do not hesitate to call.
Sincerely,
Toeih C. Avolis, PE
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DIVISION OF ENVIRONMENTAL MANAGEMENT
ARMY COE 404 PUBLIC NOTICE OR NATIONWIDE PERMIT APPLICATION REVIEW
'404' PUBLIC NOTICE:
NATIONWIDE PERMIT: _
PROJECT DESCRIPTION: 2. .,%. O $:s_ ?
(Y OR N)
V (Y OR N) #
ASSIGNED TO: !(214-
DATE APP. REC'D.: 9o (YY/MM/DD)
INITIAL REPORT: 0Lt)p?J ?(YY/MM/DD) RECOMMENDATION: J
FINAL REPORT: 9 e)lb 2- r (YI'/ /DD) (ISSUE/DENY/OTHER
WATER QUALITY CERT. (401)
CERT. REQ'D: (Y OR N)
IF YES: NERAL CERT: 4_(Y OR N)
TYPE GEN: INDIVIDUAL CERT:
(BULKHEAD, BOAT RAMP, ETC.)
SEWAGE DISPOSAL
TYPE OF DISPOSAL PROPOSED: S? ?.L? /?G.e?y-t??cT!-P
(EXISTING, PROPOSED SEPTIC TANK, ETC.)
TO BE PERMITTED BY: (DEM, DHS, COUNTY)
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE? (Y OR N)
WATER/WETLAND FILL
AREA OF FILL: WATER:
WETLAND:
IS FILL ELIMINATING A SIGNIFICANT USE? (Y OR N)
DREDGING
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFIC "LOSb D?
RESOURCE? (Y OR N) 990
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? (Y ORcT)
Nt
SEQUENCING at.r;1, ?r
IS SEQUENCING REQUIRED? (Y OR N)
PRACTICABLE ALTERNATIVE? (Y OR N)
MINIMIZATION OF IMPACTS??T(Y OR N)
MITIGATION PROPOSED? _/%j (Y OR N)
. - 4- jr
cc: WaRO - Mills - Central Files - COE
PROJECT NAME :
COUNTY: & ac PROJECT #: qn _ 6,g a - T
STREAM OR ADJACENT WATER BODY: CLASS:
BASIN: NCI a .4
-pFcnmmF?NDED CONDITIONS OR PERMIT RESTRICTIONS : . „ r,
DIVISION OF ENVIRONMENTAL MANAGI11fENT
U.S. ARMY COE 404 PUBLIC NOTICE OR NATIONWIDE PERMIT APPLICATION REVIEW
t
PROJECT NAME :
COUNTY :
STREAM OR ADJACENT WATER BODY:
BASIN: 45-"
'404' PUBLIC NOTICE:
NATIONWIDE PERMIT:
CT DESCRIPTION:
_(Y OR N)
YORN) # Z?e
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ASSIGNED TO:
DATE APP. REC'D.:_ (YY/MM/DD)
(YY/MM/DD)
RECOMMENDATION:
INITIAL REPORT: O O (YY/MM/DD) (ISSUE/DENY/OTHER)
FINAL REPORT:
(401)
WATER QUALITY
CERT. REQ'D: (Y OR N)
!I:
L CERT:
IF YES: ERA
(Y OR N)
TYPE GEN: INDIVIDUAL CERT:
(BULKHEAD, BOAT RAMP, ETC.)
SEWAGE DISPOSAL
TYPE OF DISPOSAL PROPOSED:
(EXISTING, PROPOSED SEPTIC TANK, ETC.)
TO BE PERMITTED BY: (DEM, DHS, COUNTY)
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE? (Y OR N)
WATER/WETLAND FILL
AREA OF FILL: WATER: _
WETLAND : 6a-
5
IS FILL ELIMINATING A SIGNIFICANT USE? ? (Y OR N) ??'?031 1234
DREDGING
OCT1990
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS co
RESOURCE? (Y OR N) c%1j kt'- ' SJ
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? (Y OR N) WATER QUpt
planning 3ran
SEIISSSSEQUENCING REQUIRED? (Y OR N)
PRACTICABLE ALTERNATIVE? (Y OR N)
MINIMIZATION OF IMPACTS? (Y OR N)
MITIGATION PROPOSED?. (Y OR N)
RECOMMENDED CONDITIONS OR PERMIT RESTRICTIONS:
cc: WaRO - Mills - Central Files - COE
CT #:
CLASS:
f
LETTER OF TRANSMITTAL
TO:
--North-Carolina Department of,Environment,-Health
---------------------------------------------------
and Natural Resources
------------------------------------------ ------------
Division of,Environmental ManagementjWater Quality
-------------------------------------------------------
P.0. Box 27687
------------------------------------------------------
Raleigh, North Carolina 27611-7687
GENTLEMEN:
WE ARE SENDING YOU ?X ATTACHED
? PRINTS
? COPY OF LETTER
? PLANS
? OTHER -----------------------
? UNDER SEPARATE COVER
? SPECIFICATIONS
DESCRIPTION:
PDN for NWP_No__ 26 Z Attachments_1_through_5, and -plans_(Sheet _C=2)_for proposed Forest_
Park PUD provided b?_Avolis Engineerin?,-P_A_,_for the above referenced
THESE ARE TRANSMITTED AS CHECKED BELOW:
[? FOR APPROVAL
? FOR REVIEW AND COMMENT
? FOR BIDS DUE
? PRINTS RETURNED AFTER LOAN TO US
? AS REQUESTED
? FOR YOUR USE
? OTHER ------------------------------------------------------
REMARKS
Please review for issuance of,General 401 Certification for
--referenced -site. Please call me iflyou-have any -questions oi.
information.
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Wayne Ragland
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Westminster Co-
COPIES TO: --- Soil Scientist/Cant ° N
----------- -- -r-s ----------o-f--E--
Mr. Norm Sande Corps ngineers
CF (P), JWP (If enclosures are not as noted, kindly notify us at once)
*Med 9 9 ear tt and A"ciat o, Ana
CONSULTING ENGINEERS AND LAND SURVEYORS
P. O. DRAWER 976 A
JACKSONVILLE. NORTH CAROLINA 28541-0976&
919-455-2414
Date: -September _4, 1990
--------------------
Attn: Mr. Bill Mills
--------------------------------
Ref: --401-Certification, Twinwood
--------------------------
Tract, New Bern, North Carolina
-------------------------------------
JESA Job No. S900716-E1007
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
'P.O. BOX 1890
WILMINGTON, NC 28402-1890
ATTN: CESAW-CO-E
PRE-DISCHARGE NOTIFICATION FORM FOR NATIONWIDE PERMIT 26
NOTES: If Item A.7. (below) is 10 acres or more or if any of the conditions
listed in Section B. (below) are not met, the applicant must submit an
individual permit application. Please contact the District for forms and
information.
Applicant is required to obtain a Section 401 Water quality Certification from
the State of North Carolina for NWP 26 to be valid. This certification
should be furnished with this pre-discharge notification.
PLEASE PRINT
A.
1. NAME: Westminster Company
2. ADDRESS: (agent) James E. Stewart and Associates, Inc., P.O. Drawer 976,
Jacksonville. North Carolina 28541
3. PHONE NUMBER (HOME): (919) 347-9036 (WORK): (919) 455-2414
4. LOCATION OF PLANNED WORK: COUNTY: Craven County
SPECIFIC LOCATION (INCLUDE STREAM NAMES, ROAD NUMBERS, ETC.): New Bern, _
Northern dead end of Elizabeth Avenue (see enclosed location map).
5. DESCRIPTION OF PROPOSED WORK: Install streets and utilities to support
residential development.
6. PURPOSE OF PROPOSED WORK: Low Density Residential Community
7. APPROXIMATE SIZE OF WATERS AND WETLANDS WHICH WILL BE LOST OR
SUBSTANTIALLY ADVERSELY MODIFIED AS A RESULT OF THE PROPOSED WORK (EXPRESS
IN TENTHS OF ACRES): 2.81 acres
8. INFORMATION THAT THE APPLICANT BELIEVES IS APPROPRIATE: see Attachment
No. T.
9. DO YOU HAVE KNOWLEDGE OF THE EXISTENCE OF ENDANGERED SPECIES ON OR
NEAR THE PROPOSED PROJECT AREA? YES ( j NO (XI
IF YES, INDICATE WHAT SPECIES. No known species or supporting habitat evident.
10. DO YOU HAVE KNOWLEDGE OF HISTORIC-PROPERTIES WHICH ARE LISTED OR
DETERMINED ELIGIBLE FOR LISTING ON THE NATIONAL REGISTER OF HISTORIC
PLACES THAT OCCUR IN THE VICINITY OF THE PROPOSED PROJECT? YES [ j NO [X}
11. WILL THE ACTIVITY INTERFERE WITH NAVIGATION? YES [ j NO 1XI
B. CONDITIONS. THE FOLLOWING CONDITIONS MUST BE MET.FOR THE NATIONWIDE
PERMITS TO BE VALID (33 CFR 330.5-.6):
' MET NOT MET
1. DISCHARGE OF DREDGED OR FILL MATERIAL WILL NOT J j j
OCCUR IN THE PROXIMITY OF A PUBLIC WATER SUPPLY
INTAKE.
2. DISCHARGE OF DREDGED OR FILL MATERIAL WILL NOT [Xj [ j
OCCUR IN AREAS OF CONCENTRATED SHELLFISH PRODUCTION
UNLESS THE DISCHARGE IS DIRECTLY RELATED TO AN AUTHORIZED
SHELLFISH HARVESTING ACTIVITY.
3. THE ACTIVITY SHALL NOT SIGNIFICANTLY DISRUPT THE [Xj j j
MOVEMENT OF THOSE SPECIES OF AQUATIC LIFE INDIGENOUS TO
THE WATERBODY (UNLESS THE PRIMARY PURPOSE OF THE FILL IS
TO IMPOUND WATER).
4. DISCHARGE OF DREDGED OR FILL MATERIAL SHALL CONSIST .[Xj j j
OF SUITABLE MATERIAL FREE FROM TOXIC POLLUTANTS IN TOXIC
AMOUNTS.
5. ANY STRUCTURE OR FILL AUTHORIZED SHALL BE PROPERLY jXj [ j
MAINTAINED.
6. THE ACTIVITY WILL NOT OCCUR IN A COMPONENT OF THE 1XI [ j
NATIONAL WILD AND SCENIC RIVER SYSTEM; NOR IN A RIVER
CURRENTLY DESIGNATED BY CONGRESS AS A "STUDY RIVER" FOR
POSSIBLE INCLUSION.
7. THE CONSTRUCTION OR OPERATION OF THE ACTIVITY WILL 1XI j j
NOT IMPAIR RESERVED TRIBAL RIGHTS.
C. MANAGEMENT PRACTICES. THE FOLLOWING MANAGEMENT PRACTICES SHALL BE
FOLLOWED TO THE MAXIMUM EXTENT PRACTICABLE. FAILURE TO COMPLY WITH THESE
PRACTICES MAY BE CAUSE FOR REQUIRING AN INDIVIDUAL PERMIT. APPLICANT
SHOULD PROVIDE EXPLANATION FOR MANAGEMENT PRACTICES NOT MET.
MET NOT MET
1. DISCHARGE OF DREDGED OR FILL MATERIAL INTO WATERS (Rj
OF THE UNITED STATES SHALL BE AVOIDED OR MINIMIZED
THROUGH THE USE OF OTHER PRACTICAL ALTERNATIVES.
2. DISCHARGES IN SPAWNING AREAS DURING SPAWNING (XI ( I
SEASONS SHALL BE AVOIDED.
3. DISCHARGES SHALL NOT RESTRICT OR IMPEDE THE (XI [ I
MOVEMENT OF AQUATIC SPECIES INDIGENOUS TO THE WATERS OR
THE PASSAGE OF NORMAL OR EXPECTED HIGH FLOWS OR CAUSE
THE RELOCATION OF THE WATER (UNLESS THE PRIMARY PURPOSE
OF THE FILL IS TO IMPOUND WATERS).
4. IF THE DISCHARGE CREATES AN IMPOUNDMENT OF WATER, [XI ( I
ADVERSE IMPACTS ON THE AQUATIC SYSTEM CAUSED BY THE
ACCELERATED PASSAGE OF WATER AND/OR THE RESTRICTION OF
ITS FLOW SHALL BE MINIMIZED.
*5. DISCHARGE IN WETLAND AREAS SHALL BE AVOIDED. _ [XI ( I
6. HEAVY EQUIPMENT WORKING IN WETLANDS SHALL BE PLACED (XI ( I
ON MATS.
7. DISCHARGES INTO BREEEDING AREAS FOR MIGRATORY IXj ( I
WATERFOWL SHALL BE AVOIDED.
8. ALL TEMPORARY FILLS SHALL BE REMOVED IN THEIR [XI ( I
ENTIRETY.
•V
APPL CANT S SIGNAT E DA E
Wayne Ragland
*'The proposed land use is not possible without discharge into the indicated wetland
areas. The areal extent of-wetland impact has been minimized to the practiable
extent available. See Attachment No. 1 for additional information.
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LOCNTIOQ MAP
APPROXIMATe - UaLF, 1"%Wp
?amed ?: ?`ewo2?'` and ?oocia?a, Ana,
CONSULTING ENGINEERS AND LAND SURVEYORS
P. 0 DRAWER 976
JACKSONVILLE. NORTH CAROLINA 28541.0976
919.455.2414
ATTACHMENT 1
ITEM A.B.
Please note that the lot layout shown on sheet C-2 of the Forest
Park PUD project, prepared by Avolis Engineering, P.A., is not dust
another typical subdivision layout. In addition to new marketing
concepts (nodal residential areas surrounded by public open space
uses) for this geographic area, the client has made a concientous
effort to minimize adverse wetland impacts by utilizing undisturbed
wetland areas in community open space areas.
The ditches along the perimeter of this parcel and immediately
adjacent parcels substantially predate boundary survey work performed
by James E. Stewart and Associates, Inc. in June 1982. Most of the
2.81 acres of adversely impacted wetlands are located in the interior
of this 26.4 acre parcel. Stagnant water, increased mosquito
breeding, and consequent adverse changes to the wetland vegatation
caused by historical placement of the existing spoil berms will be
remedied along the property perimeter by removal of the existing spoil
berms. These former wetland areas will be brought back to their
original ground grades during the berm removal. Berm removal will not
include any discharge into the wetland areas. New work and adverse
impacts associated with the proposed NWP 26 will be limited to the
areas designated on sheet C-2 prepared by Avolis Engineering P.A.
The preliminary wetland delineation was approved on January 17,
1990 and the final delineation was approved July 12, 1990 by the Corps
of Engineers (see attachments 2 through 5). The final delineation
designated 4.0+ acres of wetlands on this parcel. All of the
wetlands on this parcel qualify as "headwaters" and have been directly
impacted by historical activities of man. The perimeter ditching
predates Section 404 jurisdiction and has resulted in the functional
isolation of these wetlands from the wetlands on the adjacent parcels.
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT. CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON. NORTH CAROLINA 28402.1890
July 12, 1990/
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File CESAW-C090-J-025
Mr. Wayne Ragland
James E. Stewart & Associates
Post Office Drawer 976
Jacksonville, North Carolina 28541-0976
Dear Mr. Ragland:
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JUL 13 1990
1li.?ry f. S?tWAA1 AtiO ASSOC,,AIES' IN•
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ATTACHMENT 2
I am responding to your letter dated April 6. 1990. regarding the
monitoring well program you established on the Twinwood Tract in New Bern,
Craven County, North Carolina.
By letter dated January 17, 1990. I informed you that we had approved the
wetland boundary line that appeared on the plat dated December 6, 1989.
accurately depicting the boundary of jurisdiction of Section 404 of the Clean
Water Act. Your monitoring program was undertaken to establish whether a
large ditch along three sides of the project may have significantly altered
the hydrology now typical to the area.
Mr. Norm Sanders of my Washington Regulatory Field Office, who is now
assigned to Craven County, has reviewed the information and data you
submitted. Mr. Sanders has concluded that he concurs with your findings that
areas depicted on the December 6, 1989. plat as shaded. In the areas of
monitoring wells 4, 5. and 6. totaling 1.81 acres.. shall be deleted from
wetland classifications. Areas 1. 2, and 3. remain as wetlands and will
require authorization by this office to place dredged or fill material into
these areas prior to any such pl#cement of material.
Should you have any further questions, you may contact Mr. Sanders at our
Washington Regulatory Field Office, telephone (919) 975-3025.
Sincerely,
46
Copy Furnished
G. Wayne Wright
Chief, Regulatory Branch
U.S. Environmental Protection
Agency - Region IV
Wetlands Section - Water Quality Branch
345 Courtland Street, N.E.
Atlanta, Georgia 30365
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CONSULTING ENGINEERS - LAND SURVEYORS - LAND PLANNERS
ATTACHMEQT 3
306.310 NEW BRIDGE STREET
P. O. DRAWER 976
JACKSONVILLE, NORTH CAROLINA 28541.0976
919.455.2414
April Ei, 1990
Mr. Norm Sanders
Army Corps of Engineers
P.O. Box 1000
Washingtoh, North Carolina 27889
REs Twinwood Tract
New Bern, NC
Dear Mr. Sanders:
The monitoring well program to ascertain the "wetland
hydrology" for portions of the above referenced project was
recently concluded. The program was initiated in December of 1989
after a wetland delineation and survey approval by Mr. Hugh Heine.
Mr. Heine agreed with my observation that a large ditch along three
sides of the subject site may have significantly altered the
hydrology now typical to the area. Mr. Heine approved the wetland
delineation and survey (copy of letter enclosed) subject to
possible amendments based on additional monitoring well data. The
Army Corps of Engineers representative that typically handled
monitoring well programs, Mr Jim Poteat, had just left employment
with the Corps and specific program requirements had not been
established. With Mr. Heine's foreknowledge, I consulted Mr.
Poteat regarding typical program requirements and specific
requirements that would be applicable to the. conditions at this
site. Mr. Pot.eat's letter of recommendations is enclosed for your
information.
The vegetation and soil conditions on this site are adequately
defined by Wetland Jurisdictional Determination Forms provided to
Mr. Heine and copies (12 sheets) are`enciosed for your information.
Even though some soil areas being monitored, appeared to qualify
with hydraulic conductivites of six or more inches per hour to a
depth of twenty or more inches, (ire. course loamy sands 24 to 30
inches deep) the depth to clay subsoils varied within the same
soilscape to less than 12 inches from the soli surface. As a
direct result, the depth to saturated soil conditions for a
duration of at least 7 days was set at 18 inches for the definitive
level of wetland hydrology for this particular site. Open bore
holes were used in conjunction with the installed PVC pipe wells to
ascertain potential impacts of surface run-off and to validate that
the well readings were representative of the immediate wetland
geography of the well locations.
ENVIRONMENTAL ENGINEERING 0 STORM WATER MANAGEMENT • WATER AND WASTEWATER SYSTEMS
SOILS USE STUDIES FEASIBILITY REPORTS 0 IMPACT STATEMENTS 0 CONSTRUCTION PLANS
Mr. Norm Sanders
Page 2
April 6, 1990
The observations offered in Mr. Poteat's letter are accurate
and except for the following variances, Mr. Poteat's
recommendations were strenuously pursued.
(1) The installation of 4 comparison well in an undrained wetland
of similar characteristics in the immediate vicinity could not be
accomplished due to the extensive impact of the 6 to 8 feet deep
ditches on much of the geographic area and multiple ownership of
the remaining adjoining properties limited legal access there to.
(2) The minimum data recordation intervals was set at a maximum
of 7 days since it has been my experience.with other monitoring
well programs and is my professional-opinion that additional data
recordings are often needed 24 to 48 hours after significant
precipitation events to more precisely model mass water balance
relationships. Seasonal high or perched water table conditions are
very similar to flooding, and other natural events that are
temporal in character and prediction of "normal conditions" are
very dependent upon relatively accurate estimates of flux rates.
The net effect will be an increased quantity of recorded events
mostly during wetter time periods and a maximum duration of seven
days for dryer record intervals (i„e. the same duration as defined
by the combined wetlands Jurisdictional manual).
After correlating the accumulated data, I decided that a
graphical display may make it much easier to recognize water
balance relationships determined for.this site and would also
provide a quick "single visual source" for relevant observations
for the entire well monitoring period. The graph includes
accumulated precipitation (as rainfall equivalents), depth to soil
saturation, actual dates of well monitoring, and normal
precipitation for each of the months subject to monitoring. Even
though a strenuous attempt was made to pinpoint times of
significant precipitation events on 'this site, only three dates for
accumulated total rainfall could be NOAA verified for the month of
January 1990. This resulted in a'"slope" on the accumulated
precipitation line for that month that is not representatiye of
time and duration of actual individual rainfall events. The lack
of data, or conflicting data, or obviously incorrect data from
three NOAA stations (New River MCAS, New Bern FAA Airport, Hoffman
Forest) had no significantly adverse.impacts on the remainder of
the precipitation recordings. All of the monthly precipitation
accumulation totals are accurate for the geographic area of the
subject site. Actual rain gauge installation was not used due to
the historical vandalism of the delineation flags and monitoring.
wells on this site.
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CONSULTING ENGINEERS - LAND SURVEYORS - LAND PLANNERS
Mr. Norm Sanders
Page 3
April 6, 1990
Precipitation/monitoring well observations: Though 1989 as a
whore, and the three months preceding the monitoring well program
were significantly wetter than normal (*1)1the surficial hydrology
conditions were relatively dry at the initiation of the program.
This was an apparent result of the five.to six weeks prior to
December 6, 1989, being one inch below normal in precipitation. In
addition, this time period had much warmer than normal temperatures
and resulted in abnormally high evaporation. and evapo-transpiration
rates (*4). The deeper water table readings and the delayed
response of Well No. 4 (20 to 30 days) to the abnormally high
precipitation between December 6 and December 24 clearly shows the
dry conditions of the surficial aquifer immediately preceding the
monitoring well program. The 4.6 inches of precipitation of that
week is abnormally high as evidenced by only a 3.9% chance of
exceeding that amount in that week and only a 9.7% chance of
exceeding that total accumalation for the three preceeding weeks
(*2).
The total of 6.66 inches for December 1989 exceeded the normal
by 2.97 inches and even exceeded the standard deviation by 0.77
inches (*3). The above normal precipiation of December recharged
the deeper portion of the surficial aquifer as evidenced by the
reduction of the response time of Well No.4 to no more than 3 days
in late February and the quick response time of Wells No. 4 and 5
after the precipiation event of 1.0" on or about March 17, 1990.
The months of January and February 1990 as a whole were
abnormally dry. The total of the two month accumulation was 4.69
inches below normal and 1.4 inches below the standard deviation for
those two months (*3). Though individual short term inflow to
wells was noted immediately after significant precipitation events,
the general tendency was a drying of all wells during this period.
Drought conditions were self evident on this site from January 10
through March 99 1990. The droughty nature of this period is .
further underscored by the probability of equaling or exceeding
1.11 inches of rain (the total for February) was 92.4% for February
7 through February 27.
The monitoring well program duration ended with extremely high
precipitation quantities which were also abnormally rare. The
chance of exceeding 3.85 inches in the week of March 29 to April 4
is only 1.87. and the chance of exceeding 4.05 inches in the two
weeks of March 22 to April 4 is only 5.6% (*2). The 50% chance
precipitation accumulation for March 29 to April 4 is .053 inches,
and the 30% chance of precipitation accumulation was only 0.85
inches. Even though abnormally high quantities of precipitation
surcharged soil surface horizons (including non-wetland soil
saturation that varied from 16 inches to 30 inches of depth), the
rapid drain down response of Wells 495, and 6 (le. April 6, Well 4
at 21-1/4 inch, Well 5 at 19 inch, Well 6 dry) substantiate the
following conclusions.
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CONSULTING ENGINEERS - LAND SURVEYORS - LAND PLANNERS
Mr. Norm Sanders
Page 4
April 6, 1990
Conclusions: Well response to precipitation appears to fall
into three distinct groupings. The wettest group were Wells No. 1,
2 and the associated open auger holes in the delineated linear
coluviated drain. Though accurate readings on Well No. 2 ceased
after January 17 as a result of vandalism, the open auger holes
confirmed that the readings of Well No. i are representative of
this linear drain landscape body. The entirety of this drain
qualifies as having wetland hydrology.
Well No. 3 was the most erratic in response to precipitation.
This well is located near the rim of an isolated concave clay pan
that had been bisected by a seven feet deep ditch along the
Southern property line. The rapid drying and extreme fluctuations
of water table depth are clearly drainage responses to the drainage
ditch to the South. Open a"oles to the North and the interior
of this concave landscap ,
it__ oby._fere wetter (shallower water tables)
for longer durations than Woll No.3 and indicated that drainage
response to the second ditch along the Western property line is not
sufficient to remove wetland hydrology for most of this landscape
body. Though water table fluctuations in this well are relatively
extreme, and the precipitation of December 1989 was much higher
than normal, the well saturation of less than 18 inches of depth
exceeded 6 weeks in duration. Based on the above observations, it
is my profesional opinion that there is Insufficient data to
determine that the ditch drainage impact effectively exceeds $0
feet from the top of bank. Therefore the entirely of this
landscape body which is more than 30 feet from the Southern ditch
top of bank is designated as probably qualifying as 404 wetlands.
Wells No. 4, 5 and 6 appear to fall in the third grouping.
Only the most extreme of precipitation events, after recharge of
the surf's c i al aquifer, produced saturation depths of less than 18
inches in any of these wells. Even after conditions of extreme
precipitation were experienced, the well drying response time
indicates that saturation at less than 18 inches of depth for a
duration of seven days is extremely improbable under normal
precipitation conditons. ,It'is my professional opinion, that
except for portions near the outfall ditch along the western
property line and portions paralleling the Western property line
which are dammed by ditch spoils, the area representative of these
wells does not qualify as having wetland hydrology. The soils and
landscape form representative of Wells No. 5 and 6 is as shallow
dense clay, shallow concave drainway near the upper limits of the
contributing watershed. The area representative of Well No. 4 is a
concave clay pan area,.with little contributing water shed and
separated from the linear wetland drain by a natural berm 3 feet
higher in elevation than the pain interior or the invert of the
natural linear drain. The 7 feet deep ditch and spoils along the
Western property line appear to have intercepted the runoff from
the prior natural contributing watershed and appears to be
providing an adequate surficial aquifer outfall for this landscape
body.
Awze4 1o.jP~mi and as"ek&, Jm.
CONSULTING ENGINEERS-LAND SURVEYORS-LAND PLANNERS
Mr. Norm Sanders
Page 5
April 6, 1990
i"
The most representative weeks of normal hydrology conditions
appear to be December 20 through December 27, February 20 through
February 269 and March b through March 23. (ie.62/., 31%0 40%
chances of equalling or exceeding the precipitation accumulation of
those weeks). December 20 through 27 appears representative of
saturated soil surface conditions over a shallow surficial aquifer
that had not yet been completely recharged. February 20 through 26
appears representative of a recharged surficial aquifer with dryer
than normal soil surface conditions. +March 16 through 23 appears
to be the only representative week of'a normally recharged
surficial aquifer that the soil surface conditions had also been
significantly rewetted within the preceding two weeks. The
relationships indicated in this particular week are probably the
most typical of "normal" site conditions. The possible exception
of Well No.3 has already been discussed and I believe would require
a considerable increase in data aqulilton to ascertain a "normal"
condition.
The 'result of these conclusions are shown on the enclosed
amended map for this site. The use of open auger holes and
definitive edges of landscape bodies were used to demarcate the
proposed changes to the wetland delineation being requested. If
you have any questions or desire to inspect the site and well
conditions, please feel free to call me at 919-455-2414. An
expedient response would be sincerely appreciated since well
disturbances and vandalism has been common on this site and well
removal needs to be initiated in the near future.
Very truly yours,
6WR/ j n f
enclosures
xcs CF(P)
{
JAMES E. ST RT AND ASSOCIATES,INC.
Wayne Ragland, CPSS, ASLA
Soil Scientist/Landscape Architect
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CONSULTING ENGINEERS-LAND SURVEYORS - LAND PLANNERS
REFERENCES
(*i) Precipitation Variablity Over N.C.; Saucier, Weber, Bayne;
1973.
(*2) Precipitation Probabilities Based on the Gamma Distribution
at 76 N.C. Locations; Office of the State Climatoligist for N.C;
1983.
(*3) Variations in Monthly Precipitation Over N.C.; Office of the
State Climatologist for N.C; 1983.
(*4) Climatological Data,' N.C. Monthly Stations Recordings; NOAA.
?i & ika" and a"", &j Joe.
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CONSULTING ENGINEERS - LAND SURVEYORS - LAND PLANNERS
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CONSULTING ENGINEERS-LAND SURVEYORS
306 NEW BRIDGE STREET
P. O. DRAWER 976
JACKSONVILLE, NORTH CAROLINA 28541.0976
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WETLANDS
FORESTRY
WASTE DISPOSAL
TRIANGLE WETLAND CONSULTANTS
29 January, 1990
Mr. Wayne Ragland
James E. Stewart and Associates
P.O. Drawer 976
Jacksonville, MC 28541-0976
Dear Wayne,
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A7TACHMET 4
The following is a brief summary of our meeting and discussions
regarding the placement and observation of ground water monitoring wells
on the "Twin Wood Tract" in New Bern, Craven County, MC.
Siting. The well locations and. numbers appeared to be appropriate for
the size of the areas of wetlands proposed for re-evaluation. For the most
part, the wells were found in the bottoms of the downstream portions of
sloughs and drains. These sitings were also "typical" of the surrounding
wetland terrain, soils and vegetation, and generally favored the wet nature
of each system.
Materials and installation. Well materials ( 2" diameter well sieve,
PVC ), lengths ( 4 to 4 1/2 ft.), and installation ( depths of 3 1/2 to 4 ft. with
6" to 1 ft. protruding from the surface ), were consistent with monitoring
wells installed on other tracts of land by Drs. Courtney Hackney and
Wayne Scaggs during the past 3 years.
Reading and recording. It is my understanding that measurements of
the depth to the water table are occuring at least once in 6 days. This
frequency of observation should satisfy the " ... one period of 7 day
duration" requirement expressed in the new Wetland Delineation Manual.
However, the 6 day measurement interval should not be selected
arbitrarily. Strict adherence to a prestated schedule will eliminate bias
and the appearance that you may have selected the driest days of the
period for your readings.
Even though the Wetland Manual specifically refers to the "growing
season" as the period during which soil water tables should be measured,
the best evidence for dehydration can be found in winter and early spring.
Post Office Box 33604 - Raleigh, North Carolina 27636 • Phone (Q19) 7S?-3791
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Thus, if water tables were consistently 24" + below the soil surface from
December through March, and the "water budget" for the same period was
determined to be average or above, then your argument for dehydration
should be effective. An above average rainfall and water tables near the
surface, or below average rainfall and water tables well below the surface
will not convince the regulator that the wetland should be released.
Finally, installation of a comparison well in a similar undrained
wetland ( very near or onsite ) should yield convincing evidence that the
wetland offered for re-evaluation is drained;
Conclusion. Your contention that some of the wetlands on the tract are
"dehydrated" appears to be sound. Soil corings in the vicinity of wells 4&5
found the water table below 3 to 3 1/2 ft. The soils here were dry and
crumby, which I feel are unusual features for clay soils in January,
considering their low conductivity and the excessive rainfall that eastern
NC has received in the past 3 months. On the other hand, the soils in the
vicinity of wells 1-3 appeared to have thick sand lenses, which are
excellent conductors of ground water. Ground water tables in the vicinity
of these wells were within 2-3" of the surface, demonstrating that the
wetlands in these areas may be the least likely to be released.
Wayne, I will return to Wilmington late Thursday, 1 Feb. If you need
to talk to me before then, call me at (919) 986-2490 in the evening.
Sincerely,
James A. Poteat
IN REPLY REFER TO
Regulatory Branch
Subject File:'CESAW-CO90-J-025
January 17, 1990 (i
40 rum
Arld
ATAwACHME?IT 5
Mr. Wayne Ragland
James E. Stewart & Associates
Post Office Drawer 976
Jacksonville. North Carolina 28541-0976
Dear Mr. Ragland:
On. January 4. 1990, you met with Mr. Hugh Heine of my staff regarding your
client's plans to develop property off Jack's Branch in New Bern, Craven
County, North Carolina.
Your client, Westminster Company owns the 26.4 acre Twinwood Tract.at the
end of Elizabeth Avenue. The purpose of this onsite meeting was to verify the
surveyed preliminary wetland alignment. Several points were measured using a
100 foot tape and these distances were compared to the surveyed drawing. As a
result of this activity, it appears that the plat dated December 6, 1989,
accurately depicts the boundary of the jurisdiction of Section 404 of the
Clean Water Act under the present law and regulations. Please note, unless
there is a change in the law, published regulations, or the proposed
monitoring well data, this determination of Section 404 jurisdiction may be
relied upon for a period not to exceed two years.
As indicated, if all fill material is placed and retained at or landward
of the surveyed wetland line, Federal permits will not be required.
Questions or comments should be assressed to Mr. Heine at telephone (919)
251-4725.
Sincerely,
e Wri t
cting Chief, Regulatory Branch
Copy Furnished (with wetland forms and survey):
U.S. Environmental Protection
-- Agency - Region.IV
Wetlands Section - Water Quality Branch I
345 Courtland Street, N.E.
Atlanta, Georgia 30365
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. Box 1890
WILMINGTON, NORTH CAROLINA 28402.1890
Wetland Area To Be Disturbed (2.81 Acres)
Wetland Area To Remain Undisturbed (1.24 Acres)
IECM
IAUG 3 0 191
JESA
D.tion and Field Location By James E. Stewart and Associates, Ir
No, Date
Description
By Project No.+ 90006
Scale, 1'=60'
Drawn By.- JKA
Checked B ; JCA
Date: May 29,1990
Rev. 8/24/90 JCA
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