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HomeMy WebLinkAbout19910232 Ver 1_COMPLETE FILE_1991020291700.OCT Page Two t 1 C 2. The 'project will require an individual 401 Water Quality Certification and should meet the following conditions for the impact to wetlands around the perimeter of area C in the enclosed plans. a.. That work be restricted to excavation of material along "the perimeter of the pond within 20' of the pond edge. No work shall take place within the interior of the pond. b.. That silt fences and other erosion control measures be in place prior to any excavation. It is also _recommended that existing erosion control measures in place for the construction of the sewer line near the pond be repaired/upgraded prior to any excavation. c.- That excavation be conducted during periods of low flow out of the pond to prevent the discharge of sediments into Futch Creek. d. That the area be stabilized with vegetation as soon as possible after completion of the project. e. That the turbidity outside the immediate construction area (i.e., in Futch Creek) not exceed 25 NTU. This office has no objection to the project as proposed. JHG:91700.OCT cc: Wilmington Regional Office Files Central Files Margaret Gray (McKim & Creed) 243 North Front Street Wilmington, North Carolina 28401 ?,r BAR: IMPORTANT L 9 Printed on Recycled Paper N.C. Dept. of Environment, Health, and Natural Resources .. RESEARCH AGREEIVIEf University of North Carolina at Wilmington and Northeast New Hanover Conservancy, Inc. 1. Background. The Northeast New Hanover Conservancy, Inc. (subsequently the Conservancy) successfully petitioned the State of North Carolina in 1989 to classify Middle Sound, including Howe Creek, as SAIORW, (outstanding resource waters). Base line studies by UNCW scientists and graduate students were an important part of this petition. Futch Creek was included in the original petition. It was withdrawn because a portion of the creek was slightly polluted. If pollution sources can be identified and corrected the Conservancy will petition to have Futch Creek added to the ORW classification. To achieve these objectives the Conservancy and the University of North Carolina at Wilmington (subsequently UNCW) propose to work together to carry out a Futch Creek Environmental Analysis Program directed toward these objectives. 2. Project Supervision. The Project Director for this activity for UNCW will be Dr. James Merritt (Center for Marine Science Research, 7205 Wrightsville Avenue, Wilmington, N. C. 28403). The Coordinator of activities for the Conservancy will be Conrad Lowman. Changes in these assignments must be approved by both parties to this agreement. 3. Scope of Work. UNCW shall achieve the objectives outlined in the attached Scope of Work. The Conservancy will assist UNCW in arranging for access to the Creek and will assume the responsibility of liaison with the Futch/Foy Creek Stream Watch Association riparian property owners, The U. S. Soil Conservation Service and the Federal, State and County Agencies involved in achieving the objectives outlined in paragraph 1. 4 . Period of Program. The work covered by this agreement shall begin January 1, 1992 and shall terminate December 31, 1992. 5. Duties of UNCW. UNCW shall furnish the necessary personnel and other appropriate support. All fiscal records shall be retained for a period of 24 months after the termination or completion of this project and shall be available to agents of the Conservancy. A report summarizing the data collected and the conclusions of the project will be submitted to the Conservancy April 31, 1993. Interim reports will be made available to assist in identification of pollution types of sources. 6. Fiscal Arrangements. The total cost, including indirect costs, shall not exceed $9,564,00. The Conservancy will provide the total sum upon receipt of an initial invoice following approval of the agreement. a L Z Right to Publish. UNCW reserves the right to publish the results of the study in another format. 8. Ternunation. Either parry may terminate this agreement upon two (2) weeks written notice, in which case allowable costs shall be limited from receipt of said notice to those costs associated with the orderly conclusion of work. 9. Conservancy Representative: Mr. Paul Foster, President, Northeast New Hanover Conservancy, 126 Beach Road South, Wilmington, N. C. 28405. FOR THE UNIVERSITY OF NORTH CAROLINA AT WILMINGTON JOHN J. DR. , Mxector of Research Administration Zh -7/ /i Ce,-7111(- fV MERRITT, PROJECT DIRECTOR FOR THE NORTHEAST NEW HANOVER CONSERVANCY I o?Zc.? 9? Date Date 0 30 ate µ , 0131 19 Conrad Lowman, Treasurer Date Paul Foster, President UNIVERSITY OF NORTH CAROLINA AT WILMINGTON CENTER FOR MARINE SCIENCE RESEARCH FLITCH CREED ENVIRONMENTAL ANALYSIS PROGRAM Futch Creek, a tidal creek watershed in northern New Hanover County is encountering increasing pressure from residential and recreational development. This type of coastal development is a potential threat to the quality and productivity of Futch Creek. In 1989, New Hanover County adopted a plan for this area with the stated objective of "preserving the excellent estuarine water quality of the creeks and Sound, including the maintenance of open shellfish areas". Little is known about the past and current environmental conditions of the creek. With little or no baseline data it will be difficult to determine the impact increasing development will have on Futch Creek and more difficult to institute management strategies that will protect the creek and watershed. The proposed environmental analysis program for Futch Creek will initiate research and data acquisition that will be useful in assisting the development of successful management strategies. The Futch Creek Program will establish baseline environmental and ecological data to yield a comprehensive understanding of the environmental factors affecting the creek. The program objectives are: (a) obtain baseline chemical, physical and biological data; (b) establish a long term monitoring program to determine trends; (c) provide data to agencies charged with the management of Futch Creek; and (d) provide a mechanism for training environmental students in techniques necessary to collect and analyze environmental data. AREAS OF STUDY Water Quality Assessment-Chemical aspects 1. Establish the range of variation in salinity. 2. Determine dissolved oxygen profile. 3. Monitor the presence of organo-chlorine and selected organo- phosphorus pesticides in water, shellfish tissue, and sediment. These chemicals are used on golf courses and lawns and reflect non point source runoff. Salinity and dissolved oxygen are important factors determining the variety and abundance of organisms present in a coastal estuary; therefore, directly affecting the overall characteristics of an estuarine system. Pesticides in extremely small concentration are lethal to a large number of invertebrates and can cause significant loss of productivity. Bimonthly sampling at five stations for salinity, dissolved oxygen and pesticides will be conducted. Minimum values for salinity will be determined by sampling at low tide during a period of high runoff and maximum values determined by sampling during high tide at a time of low runoff. Water Quality Assessment4hysical Aspects 1. Establish the relationship of water temperature and air temperature in shallow and deep water. 2. Determine turbidity levels during various environmental conditions. Because Futch Creek is a shallow creek, temperature is probably closely related to air temperature. Salinity and temperature information should reveal any water stratification useful in predicting low oxygen values. Turbidity measurements will be used to establish input to the system and to identify sources of siltation. Bimonthly sampling of five stations will be conducted to gather temperature and turbidity data. Water Quality Assessment Biological Aspects 1. Perform total fecal coliform and E. coli counts for 10 water samples per month for 12 months to determine extent and periodicity of contamination. 2. Determine the composition and population of benthic communities that are indicators of water quality. 3. Census the top-level carnivores, (river otter, mink and other natural occurring carnivores) and relate their presence or absence to environmental phenomena. 4. Determine chlorophyll a levels as an indicator of eutrophic conditions. 5. Sample fish and shrimp populations. Monitoring of benthic populations is widely used by state agencies and the Environmental Protection Agency to assess the health of estuarine systems. Benthic organisms have the advantage of being long-lived and being confined to a specific place. As a result, the composition of the benthic community may reflect average conditions, or the most extreme toxic conditions, that may occur over a spot. Benthic organisms can also be classified according to their tolerance to pollutants. Thus, the disappearance of a group of species, or the predominance of certain species, can indicate stressed water conditions. Quarterly sampling at three stations within the creek (one station near the head, one station midway to the waterway and one station near the mouth of the creek) will be conducted. Five sample cores will be taken at each station to detect patterns above seasonal and annual variation. Although they are not continually resident in the creek, fish and shrimp are commercially important an should be considered in any study program. Concurrent with benthic sampling, fish and shrimp abundances will be determined on a bimonthly basis. At each of the three stations used for benthic sampling, two seines for larger fish and two sweep net samples for shrimp and smaller fish will be conducted. Seines and sweep net sampling will be done to detect correlations in abundance trends between nekton and benthos. Chlorophyll a is an indicator of productivity and, in conjunction with turbidity readings, can be used to indicate conditions of eutrophication. Bimonthly sampling at five stations to determine chlorophyll a level will be conducted. Healthy communities support relatively large and stable populations of carnivores, but natural environments that have been perturbed are less densely populated by carnivores. Most 4 large mammals are top-level carnivores, and as such they are excellent indicators of habitat health and stability. Habitats that have been perturbed do not function properly and the populations of top-level carnivores are affected. River otter, mink and other large mammals are useful in assessing water quality and the overall health of the aquatic and wetland communities. Weekly censuses along established transects will be taken over a period of four months to establish baseline data on the top-level carnivore populations. Report A annual report due no later than 14 months following the initiation of the project will &be prepared describing and interpreting the data collected for the 12 month period. Budget Personnel 1/2 Research Assistant or Graduate Research Assistant -------------------------------- $8664.00 Supplies ----------------------------------------------------------------------------------$ 900.00 Total ---------------- $9564.00 The University will provide equipment, boats and other supplies and the sampling and lab analysis will be directed by the following faculty participants. Dr. Ron Sizemore, Dr. Joan Willey, Dr. Jack Manock, Dr. Martin Posey, Dr. David Webster, Dr. Paul Hosier, and Dr. James Merritt. { E!N TMrp 001w& T14C /&M , lei yntCLoty? ?s Tk1I l.'CGM. W o'n ei . l 4??? i POW -- -_-_-_- ! OW ?Uli GAf??'?Rw?T ? ??St?toN . 1 1GoPi vol State of North Carolina nent of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. Martin, Governor George T. Everett, Ph.D. William W. Cobey, Jr., Secretary Director December 9, 1991 Regional Offices Ms , Margaret Gray Asheville McKim and Creed 704/251-6208 243 Front Street Fayetteville Wilmington, North Carolina 28401 919/486-1541 Mooresville Dear Ms. Gray: 704/663-1699 Subject: Certification Pursuant to Section 401 of the Federal Raleigh Clean Water Act 919/733-2314 Proposed ' pond shoreline stabilization Washington Project # 91728 919/946-6481 New Hanover County Wilmington 919/395-3900 Attached hereto is a copy, of Certification No. 2650 issued. Winston-Salem to Porter's Neck Plantation dated December 9, 1991.,919/896-7007 If we can be of further assistance, do not hesitate to contact us. Attachments Sincerely, urge T. Everet _l? CC: Wilmington District Corps of Engineers Wilmington DEM Regional Office Mr. john Dorney Central Files P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 / Pollution Prevention Pays' An Equal Oppemuniry Altirniative Auto,. Employer. 4ORTH CAR LIN New Hano;Abk Count CERTIFICATION THIS CERTIFICATION is issued of Section 401 Public Laws 92-500 and subject to the North Carolina Management Regulations in 15 NCAC Porter's Neck Plantation pursuant 26 day of September, 1991 to upgr of an existing pond. in conformity with the requirements and 95-217 of the United States Division of Environmental 2H, Section .0500 to to an application filed on the 3de and stabilize the perimeter The Application provides adequate assurance that the discharge of fill material into the waters of a tributary to Futch Creek in conjunction with the proposed pond stabilization in New Hanover County will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. Condition(s) of Certification: 1. The project will require an individual 401 Water Quality Certification and should meet the following conditions for the impact to wetlands around the perimeter of area C in the enclosed plans. a. That work be restricted to excavation of material along the perimeter of the pond within 20' of the .pond edge. No work shall take place within the interior of the pond. b. That silt fences and other erosion control measures be in place prior to any excavation. It is also recommended that existing erosion control measures in place for the construction of the sewer line near the pond be repaired/upgraded prior to any excavation. C. That excavation be conducted during periods of low flow out of the pond to prevent the discharge of sediments into Futch Creek. d. That the area be stabilized with vegetation as soon as possible after completion of the project. e. That the turbidity outside the immediate construction area (i.e., in Futch Creek) not exceed 25 NTU. ?r a Ceication (continued) Violations of any condition herein set forth shall result in revocation of this Certification. This Certification shall become null and void unless the above conditions are made conditions of the Federal Permit. This the 9th day of December, 1991. DIVISION OF ENVIRONMENTAL MANAGEMENT L 0? eo ge T'. Everett irector WQC# 2650 ZY State of North Carolina epartment of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. Martin, Governor George T. Everett, Ph.D. William W. Cobey, Jr., Secretary Director necnmber 5, 1.x91 Regional Offices Asheville 704/251-6208 Fayetteville Margaret Gray 919/486-1541 McKim and Creed Mooresville 243 North Front Street 704/663-1699 Wilmington, North Carolina 28401 Raleigh Dear Ms. Gray: 919/733-2314 Washington Enclosed is a copy of the bill for $ 47.85 for the Public 919/946-6481 Notice for your project entitled Porter's Neck Plantation, ,in Wilmington New Hanover County. As you are probably aware, payment is 919/395-3900 required by 15 NCAC 2H .0502(f). The check should be sent to me Winston-Salem and made out to the Department of Environment, Health and Natural . 919/896-7007 Re sources Please call me at 919/733-5083 if you have any questions. Sincerely, ohn R. Dorney JRD/kls Gray. itr/D-8 ,.?c: Central. Files P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 / 13011uClOn Prevention Pays An Equal Opportunity Affirmative Action Employer aiii m ,, y m T c 3 Z Z 0 v> c v p O 7° v c n a yK 3 O < m Z ?o < ? O r 70 Z < m z Q r v o ? A, Z a x W o x m m m O 0 c ? Q _ o z < d , a e Z c CL ?o W y m m n T m " 0 m N T ? W D CL c- m i J m z 0 o c m ?o z o cn < C 5 M L O 3 O p m Z a 7 N L Z D r 74 ) Z Cl m a a m < O v y Z _ z c ? o a m 5• n mm> v c ?'° m C m 3 co D m O -I 3 CD p ? r Z Z N ?? O D ° ? ? ?a O C m z zm m Z 0 D m *. Cl) C 0 o = o a m D v y -? (- r v R, U) W m c O; < C7 o m m m Z i cm O W M c mm A m 9D r AFFIDAVIT OF PUBLICATION STATE 'OF NORTH CAROLINA, COUNTY OF NEW HANOVER Before the undersigned, a Notary Public of said County and State, JAC06 *RINSON who, being duly sworn or affirmed, according to the law, says that he/she is CLASSIFIED ADVERTISING MANAGER of THE WILMINGTON STAR-NEWS, INC., a corporation organized and doing business under the Laws of the State of North Carolina, and publishing a newspaper known as WILMINGTON MORNING STAR & SUNDAY STAR-NEWS in the City of Wilmington _ NORTH CAROLINA DIVISION OF ENVIRONMENTAL MANAGEMENT PUBLIC NOTICE is hereby given that Porters Neck Marina near Wilming- ton, North Carolina, has applied to he North Carolina Division of Envi- ronmental Management for a Water Quality Certificabon pursunt to Sec- lion 401 of the Federal Claean Water i Act and Environment Management Commission rules in 15A NCAC 2H 0500 and 15A NCAC 213.0109. The activity for which the certification is sough is to repair the area ad)'acent to an exfstmg ppopnndd on a pond adja- cent to Finch Creek in New Hanover County. The public is invited to comment on the above mentioned application to the Division of Environment Manage- ment. Comments shall be in writing and shall be received by the Division no later than November 15, 1991. Comments should be sent to N.C. Division or Environmental Manage- ment, Water Ouality Planning, Post Office Box 29535, Raleigh, North Carolina 27626-0535, Attention: John Dorr. A copy of the application is on file at the Division office at 127 Carolina Drive Extension, Wilmington Regional Office (919) 395-3900 dur- ing normal business hours and may be inspected by the public. I John R. homey for George T. Everett, Director North Carolina Division of Environmental Management DATE: October 21, 1991 NORTH CAROLINADIVISION CFENVIR JNMENTALMAPvAf,EMEivTPt1BLIC NOTIC E IS HERESY GIVEN THAT PCRTER PORTERS NECK V was inserted in the aforesaid newspaper in space, and on dates as follows: 10/3G91X 11391 and at the time of such publication Wilmington Star-News was a newspaper meeting all the requirements and qualifications prescribed by Sec. No. 1-597 G.S. of N.C. ? ?Jrte. J A CLASSIFIED ACV* IvGf Title 31ST Sworn or affirmed to, and subscribed before me, this day of C C T , A.D., 19 9 11 In Testimony Whereof, I have hereunto set my hand and affixed my offfciai seal, the day and year aforesaid. My commission expires " ? day9;4 19 gk" Notan Public Upon reading the aforegoing affidavit with the advertisement thereto annexed it is adjudged by the Court that the said publication was duly and properly made, and that the summons has been duly and legally served on the defendant(s). This day of , 19 Clerk of Superior Court MAIL TO: WILMINGTON STAR-NEWS, E PHONES R SERVIC INC. CUSTOM E BOOKKE: 3 1003S . 17th Street TO PLACE AD: (919) 343-2323 Wilmington, NC 28401 N.C. STATE WATS: 1-800-672-9085 r ;- END DATE A New York Times Company ADVERTISING STATEMENT LOCK BOX ?Qil 0/30/91 PH# (91,9) 7337015 DESCRIPTION IDENTIFICATION I NUMBER SIZE TIMES RATE PUBLISHED CLASS GROSS ------ M PORTER'S NECK AT110160 55 1 .871 145 47.8 10/30,1X I I i I i - - ---- --- LEGAL PLEASE PAY $47.85 PLEASE RETURN BOTTOM PORTION WITH PAYMENT. PLEASE ENTER ACCOUNT # ON YOUR CHECK WILMINGTON STAR-NEWS, INC. PAST DUE NAME P.O. BOX 580139 AFTER CHARLOTTE, NC 28258-0139 1/14/91 NC DIV . OF ENVIRONMENTAL AMOUNT ENCLOSED ACCOUNT NUMBER Nry.D A T 11016 0 J A New Yor< Times company $47.85 NC DIV. OF ENVIRONMENTAL MGMT WATER QUALITY P 0. BOX 29535 MAIL REMITTANCE TO: WILMINGTON STAR-NEWS, INC. P.O. BOX 580139 CHARLOTTE, N.C. 28258-0139 RALEIGH,, NC 27626-0535 Use Enclosed Envelope 9421029010101600000047850004785000000091973370153 ME-MO 1 DATE: 1-34 T0: SUBJECT: ?/ w t aji- VL- s4 wok v3j ok. 6 (0 a,n yea. vd;f V\kiOV\- rl-vzsalel From: 5rATE North Carolina Department of Health, and Natural Resources Environment, e(9 Printed on Recycled Paper r ,3 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 William W. Cobey, Jr., Secretary 00crober 21, 1991 Regional Offices Wilmington Star-News Asheville P. O. BOX 840 704251-6208 Wilmington, N.C. 28402 Fayetteville 919/486-1541 ATTN: Legal Ad Department Mooresville 704/663-1699 Dear Sir: Raleigh SUBJECT: Public Notice 919/733-2314 George T. Everett, Ph.D. Director Washington Please publish the attached Public Notice one time in the 919/946-6481 section set aside for Legal Advertisements in your newspaper. Wilmington The publication should run on or before October 28, 1991. Please 919/395-39W send the .invoice for publication and three copies of the Winston-Salem affidavit of publication to the address given below. Payment 9191896-7007 cannot be processed without the affidavit of publication. N.C. Division of Environmental Management Water Quality Section Post office 29535 Raleigh, North Carolina 27626-0535 Attn: John Dorney If you have any questions concerning this matter, please call me at 919/733-5083. Sincerely, J n Dorney 401 Certifications JRD/kls PubNot.ltr/D-7 cc: John Dorney Jim Gregson, WiRO Margaret Gray, McKim and Creed P.O. Box 29535, Raleigh, North Carolina 27026-0535 Telephone 919-733-7015 / P011ution Prevention Pay, An Equal Oplxxtuniry Aflinmativc Action 6mplow, `? P NORTH CAROLINA DIVISION OF ENVIRONMENTAL MANAGEMENT PUBLIC NOTICE is hereby given that Porter's Neck Marina near Wilmington, North Carolina, has applied to the North Carolina Division of Environmental Management for a Water Qualit! Certification pursuant to Section 401 of the Federal Clean Water Act and Environmental Management Commission rules in 15A NCAC 2H .0500 and 15A NCAC 2B .0109. The activity for which the certification is sought is to repair the area adjacent to an existing pond on a pond adjacent to Futch Creek in New Hanover County. The public is invited to comment on the above mentioned application to the Division of Environmental. Management. 'Comments shall be in writing and shall be received by the Division no later than November 15, 1991. Comments should be sent to N.C. Division of Environmental Management, Water Quality Planning, Post Office Box 29535, Raleigh, North Carolina 2762.6-0535, Attention: John Dorney. A copy of the application is on file at the Division office at 127 Carolina Drive Extension, Wilmington Regional Office (919) 395-3900 during normal business hours and may be inspected by the public. George T. Everett, irector North Carolina Division of Environmental Management DATE: October 21, 1991 DIVISION OF ENVIRONMENTAL MANAGEMENT MEMORANDUM 1415 o d? Date: October 10, 1991 co OCT1991 To: John Dorney s WATER QUAilTy Planning Branch Z plannI Branch From: James. H . Gre son ??` g OEU Wilmington Region 1 Office Through: Dave Adkins Wilmington Regional Office Subject: Regional Office Review and Recommendations Application for Permit for Excavation and/or Fill Central Office Permit #91700 McKim & Creed /.Porters Neck Plantation New Hanover County PROJECT DESCRIPTION: The applicant proposes to "clean up" the perimeter of an existing pond. ADJACENT WATER BODY: Futch Creek CLASSIFICATION: SA The project has been reviewed to determine impacts to water quality. The following comments have been provided. 1. Please find the attached Wetland Rating System Worksheet completed by Margaret Gray of McKim & Creed. I generally agree with the rating submitted except in the following areas: 4 Special Ecological Attributes - Because the area is a fresh water marsh adjacent to an estuaries system it is felt that a score of zero is inappropriate. A score in the 2-3 range would better fit this situation. 7 Water Storage 9 Removal of Pollutants - These values should be in the 4-5 range because the wetland is located adjacent to and receives a direct discharge via pipe from a golf course fairway. WETLAND RATING SYSTEM WORKSHEET Project No. or description FDA' m s [N&_,t< '1 GA+JA 0" Location County ix)1, ' o\/SR Nearest road or town 60_ River basin GA f Nearest streamUT? U2?J,C, and classification_ Evaluator r-(,. "" ?CAiA4 K,1 M Agency and address ZG??j j. IJT 4S ?7. 0 LW I 61? ??01 Date and time evaluated Major Wetland Type 7,A I,VS-rtZ 1 tNI-_- f PoJfU 6_D f1Zt%WA1)V- ? Approximate size of wetland system 0.0 Z acres Approximate extent of wetlands in area_L!5_acres within '51-rE, -620 Three most common plant species (in order): LaN, L rf Nt w A-IVL OA K HOC) wOCr,> Soil Series (if known) ? 61\i Hydrologic indicators pi`Lp?(y?iN? ?ZwP Direct surface hydro ogic conne ion? YES NO Existing Conditions, Drainage IiY-u A-r6itS of-' PA-M I Iy G tfFEC?T_ y r sf? 4c, Disturbance PO ?-PTT 206 '70 PAC> t1A _.If Restoration-potential L,0 0J Restoration value L_cL.d Is site known to rovide habitat for rare, endangered or threatened species? NO If so, list species observed or recorded. Item No. Score (circle one) I. Location/Landscape 1 Natural area buffer 5 2 Sensitive watershed Q 4 3 2 1 0 3 Dispersal corridor system 5 4 3 2 © 0 II. Ecological Values 4 Special ecological attributes 5 4 3 2 1 5 Wildlife habitat 5 4 .3 2 (J 0 6 Aquatic life 5 4 3 2 0 7 water storage 5 4 3 2 1 8 Streambank stabilization 5 4 3 2 1 9 Removal of pollutants 5 4 3 2 0 III. Human Values 10 Outdoor recreation/education 5 4 3 2 0 11 Economic value 5 4 3 2 1 Total score r Site description and notes: 13 +?. w All Mq<U\4&CREBD September 25, 1991 M&C90077(10) ENGINEERS PLANNERS NCDEHNR SURVEYORS Water Quality Division c/o Jim Gregson 127 Cardinal Dr. Ext. Wilmington, NC.28405 RE: Porters Neck Plantation - Wetland Impact "C" 401 Water Quality Certification Dear Jim: Enclosed is the Golf Course Development Wetland Impact Plan dated 10/19/90, a vicinity map and our internal wetland rating system worksheet. In the past (Nov. 9, 1990) the Corp of Engineers had authorized us to discharge fill material into isolated wetland areas A & B (reference plan). Our present request is to impact area C. We have submitted a request to the Corp of Engineers to upgrade that existing pond. We propose to clean-up the perimeter of the pond. Please review in accordance with a 401 water quality certification or waiver. Call if you need additional information. Sincerely, MCKIM & CRE D E INEERS, P.A. t? 243 NORTH FRONT STREET WILMINGTON, NC 28401 Margaret Gray 9191343-1048 pc: Street Lee - McKim & Creed mcc FAX 919/251-8282 RECEIVED SEP 2 01991 I'911min9ton Regiormt OWOM r"'er 3 #M O1 10N f dbW AIINIOIA 9 a - I-- i -- f 4 C7 D -1 D ,. eceiV t n ??? ft ?r 2 ?DEC X10 1S9} .... ` State of North Carolina McKim & Creed rAiQineerol ' Department of Environment, Health, and Natural Resources - g• ,? Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. Martin, Governor George T. Everett, Ph.D. William W. Cobey, Jr., Secretary Director December 5, 1.Q 91 Reourwl Offices n A%hcville 04 Ikj 7(1251 h08 Fnyrttrvilk Margaret Gray 9101486.1541 McKim and Creed 243 North Front Street ' c G 04!663.169.t6? Wilmington, lvorth Carolina 28401 7111/663 R,,Iei,;!, Dear Ms. Gray Y, v.i2i-,3ta • W'."h ,w.un Enclosed =s a copy of the bill for C7. f'or the Public `W1941-- 48' Notice for your project entitled Porter /Plantation, in New Hanover County. As you are probably aware, payment is 4!9.395-3'xxt requ3.x'ed by 15 NCAC 2H .0502(f). The - check should be sent to me and made out to the Department of Environment, Ecalth and Natural Winqon 'RTh'h,'QtJ Resources. !''.eese call me at 919/733-5083 if you have any questions. Sincerely, vLj John Doriacy i ,,RD!kls Gray.:? t:r/D-8 cc: Central. Files L'7/ J 527 ?? 311?°?1 0 D 6D?0 . A. E.n+d OR+?,rtunitr A!knnacivc Actin:, Emtdac. r S Y t ?' w+:fer? k y Z , ?: ? !.? 'gym r. Y ( i F r F t? I f ( f_ t^- ice. 77777777, _ k k i ° t ? I ) t [t (iM ? rED f NGI IV?EF3S P P Y t va a-GTiL _ ._ {.T - ?- .A y 1 ?y.,v Ola. fpfVF-•, :f. L?FJ"I?V? ??_r;?,Ot Jll [iTr` '??°1N+lm?q Carollna??28401 ? t ? _ ? - piton, Noah y. ? Y [;?: ?*ti)nlon National Bank; t w Nadh C bIltla 28404 , N r fJ1Y,.: :FOrty Seven a d )85/10$16 AEHNR _ Y N. C DEPARTMENrt NATDkAt . RESOURCES cxiM & CREED, ENGINEERS, pa r 7°0110 _490no! l?.14 1 S `.l 11 4i, - F `I. (?M &tED ENGINEERS, P1 - +2 3 North f bra SO et '? E? ?VY11Rl?p #Of1? Noft6rolina 28401 t ? ? 1 ? W'/?{]?a1M .?o?moA..: /.' RlHfl ? L?4lK? ibljfia Gl 4ry -85 .ter ? .? .. r YpAyt .. Fort/ Sev,e» nd.85/ .t30 'b .'ar s . x. _ TO AEHNh N C...pEPARTMENrt tAT?l{"tAt: RESOURCES.. iM & CREED, ENGINEERS. PA y 74 u 0 L54'TG 40S l' 3 iCf_2 3flfl?: ?"'SDSD ?49{3D+? 4 • E c v s t .S. .T r ?r..rv w"tfr+ fp +1JC TA OTHER THE T e S a a3Ga=.?+A ? au ur' ,03100 s u r z 4EMOO 0 z 4F M DEHENV926E4516 a? ?s 4 W yi" Y _ t y zy •Y f i- Lim- lit Y FN l 7 V, :7 7,11 f-RT BR# Ate TW-CARpI. t ?? a re ` 1hy the order of DEPT. OF - E-NV I R v HEALTH NATURAL RESOURCES_ P O . BOX 29535 :ALE I GH v NC-276'26--4535 vo?o AFTER ONE i ___ s 4 - lit 91700.OCT Page Two 2. The project will require an individual 401 Water Quality Certification and should meet the following conditions for the impact to wetlands around the perimeter of area C in the enclosed plans. a., That work be restricted to excavation of material along the perimeter of the pond within 20' of the pond edge. No work shall take place within the interior of the pond. :b..--That silt fences and other erosion control measures be _.:in place prior to any excavation. It is also recommended that existing erosion control measures in place for the construction of the sewer line near the pond be repaired/upgraded prior to any excavation. C. That excavation be conducted during periods of low flow out of the pond to prevent the discharge of sediments into Futch Creek. d. That the area be stabilized with vegetation as soon as possible after completion of the project. e. That the turbidity outside the immediate construction area (i.e., in Futch Creek) not exceed 25 NTU. This office has no objection to the project as proposed. JHG:91700.OCT cc: Wilmington Regional Office Files Central Files Margaret Gray (McKim & Creed) 243 North Front Street Wilmington, North Carolina 28401 RESEARCH AGREEMENT University of North Carolina at Wihnington and Northeast New Hanover Conservancy, Inc. 1. Background. The Northeast New Hanover Conservancy, Inc. (subsequently the Conservancy) successfully petitioned the State of North Carolina in 1989 to classify Middle Sound, including Howe Creek, as SAIORW, (outstanding resource waters). Base line studies by UNCW scientists and graduate students were an important part of this petition. Futch Creek was included in the original petition. It was withdrawn because a portion of the creek was slightly polluted. If pollution sources can be identified and corrected the Conservancy will petition to have Futch Creek added to the ORW classification. To achieve these objectives the Conservancy and the University of North Carolina at Wilmington (subsequently UNCW) propose to work together to carry out a Futch Creek Environmental Analysis Program directed toward these objectives. 2. Project Supervision. The Project Director for this activity for UNCW will be Dr. James Merritt (Center for Marine Science Research, 7205 Wrightsville Avenue, Wilmington, N. C. 28403). The Coordinator of activities for the Conservancy will be Conrad Lowman. Changes in these assignments must be approved by both parties to this agreement. 3. Scope of Work. UNCW shall achieve the objectives outlined in the attached Scope of Work. The Conservancy will assist UNCW in arranging for access to the Creek and will assume the responsibility of liaison with the Futch/Foy Creek Stream Watch Association riparian property owners, The U. S. Soil Conservation Service and the Federal, State and County Agencies involved in achieving the objectives outlined in paragraph 1. 4.' Period of Program. The work covered by this agreement shall begin January 1, 1992 and shall terminate December 31, 1992. 5. Duties of UNCW. UNCW shall furnish the necessary personnel and other appropriate support. All fiscal records shall be retained for a period of 24 months after the termination or completion of this project and shall be available to agents of the Conservancy. A report summarizing the data collected and the conclusions of the project will be submitted to the Conservancy April 31, 1993. Interim reports will be made available to assist in identification of pollution types of sources. 6. Fiscal Arrangements. The total cost, including indirect costs, shall not exceed $9,564.00. The Conservancy will provide the total sum upon receipt of an initial invoice following approval of the agreement. 7 7 Right to Publish. UNCW reserves the right to publish the results of the study in another format. 8. Temdnation. Either party may terminate this agreement upon two (2) weeks written notice, in which case allowable costs shall be limited from receipt of said notice to those costs associated with the orderly conclusion of work. 9. Conservancy Representative: Mr. Paul Foster, President, Northeast New Hanover Conservancy, 126 Beach Road South, Wilmington, N. C. 28405. FOR THE UNIVERSITY OF NORTH CAROLINA AT WILMINGTON JOHN J. YKANOCK, DR. of Research Administration MERRITT, PROJECT DIRECTOR FOR THE NORTHEAST NEW HANOVER CONSERVANCY Date Date 0 ISQ/9 l w•+..e,, k µ / i O l 31 91 Conrad Lowman, Treasurer Date Paul Foster, President 7 UNIVERSITY OF NORTH CAROLINA AT WILMINGTON CENTER FOR MARINE SCIENCE RESEARCH FUTCH CREEK ENVIRONMENTAL ANALYSIS PROGRAM Futch Creek, a tidal creek watershed in northern New Hanover County is encountering increasing pressure from residential and recreational development. This type of coastal development is a potential threat to the quality and productivity of Futch Creek. In 1989, New Hanover County adopted a plan for this area with the stated objective of "preserving the excellent estuarine water quality of the creeks and Sound, including the maintenance of open shellfish areas". Little is known about the past and current environmental conditions of the creek. With little or no baseline data it will be difficult to determine the impact increasing development will have on Futch Creek and more difficult to institute management strategies that will protect the creek and watershed. The proposed environmental analysis program for Futch Creek will initiate research and data acquisition that will be useful in assisting the development of successful management strategies. The Futch Creek Program will establish baseline environmental and ecological data to yield a comprehensive understanding of the environmental factors affecting the creek. The program objectives are: (a) obtain Baseline chemical, physical and biological data; (b) establish a long term monitoring program to determine trends; (c) provide data to agencies charged with the management of Futch Creek; and (d) provide a mechanism for training environmental students in techniques necessary to collect and analyze environmental data. AREAS OF STUDY Water Quality Assesment Chemical aspects 1. Establish the range of variation in salinity. 2. Determine dissolved oxygen profile. 3. Monitor the presence of organo-chlorine and selected organo- phosphorus pesticides in water, shellfish tissue, and sediment. These chemicals are used on golf courses and lawns and reflect non point source runoff. Salinity and dissolved oxygen are important factors determining the variety and abundance of organisms present in a coastal estuary; therefore, directly affecting the overall characteristics of an estuarine system. Pesticides in extremely small concentration are lethal to a large number of invertebrates and can cause significant loss of productivity. Bimonthly sampling at five stations for salinity, dissolved oxygen and pesticides will be conducted. Minimum values for salinity will be determined by sampling at low tide during a period of high runoff and maximum values determined by sampling during high tide at a time of low runoff. Water Quality Assessment-Physical Aspects 1. Establish the relationship of water temperature and air temperature in shallow and deep water. 2. Determine turbidity levels during various environmental conditions. Because Futch Creek is a shallow creek, temperature is probably closely related to air temperature. Salinity and temperature information should reveal any water stratification useful in predicting low oxygen values. Turbidity measurements will be used to establish input to the system and to identify sources of siltation. Bimonthly sampling of five stations will be conducted to gather temperature and turbidity data. Water Quality Assessment-Biological Aspects 1. Perform total fecal coliform and E. soli counts for 10 water samples per month for 12 months to determine extent and periodicity of contamination. 2. Determine the composition and population of benthic communities that are indicators of water quality. 3. Census the top-level carnivores, (river otter, mink and other natural occurring carnivores) and relate their presence or absence to environmental phenomena. 4. Determine chlorophyll a levels as an indicator of eutrophic conditions. 5. Sample fish and shrimp populations. Monitoring of benthic populations is widely used by state agencies and the Environmental Protection Agency to assess the health of estuarine systems. Benthic organisms have the advantage of being logg-lived and being confined to a specific place. As a result, the composition of the benthic community may reflect average conditions, or the most extreme toxic conditions, that may occur over a spot. Benthic organisms can also be classified according to their tolerance to pollutants. Thus, the disappearance of a group of species, or the predominance of certain species, can indicate stressed water conditions. Quarterly sampling at three stations within the creek (one station near the head, one station midway to the waterway and one station near the mouth of the creek) will be conducted. Five sample cores will be taken at each station to detect patterns above seasonal and annual variation. Although they are not continually resident in the creek, fish and shrimp are commercially important an should be considered in any study program. Concurrent with benthic sampling, fish and shrimp abundances will be determined on a bimonthly basis. At each of the three stations used for benthic sampling, two seines for larger fish and two sweep net samples for shrimp and smaller fish will be conducted. Seines and sweep net sampling will be done to detect correlations in abundance trends between nekton and benthos. Chlorophyll a is an indicator of -productivity and, in conjunction with turbidity readings, can be used to indicate conditions of eutrophication. Bimonthly sampling at five stations to determine chlorophyll a level will be conducted. Healthy communities support relatively large and stable populations of carnivores, but natural environments that have been perturbed are less densely populated by carnivores. Most large mammals are top-level carnivores, and as such they are excellent indicators of habitat health and stability. Habitats that have been perturbed do not function properly and the populations of top-level carnivores are affected. River otter, mink and other large mammals are useful in assessing water quality and the overall health of the aquatic and wetland communities. Weekly censuses along established transects will be taken over a period of four months to establish baseline data on the top-level carnivore populations. Report A annual report due no later than 14 months following the initiation of the project will &be prepared describing and interpreting the data collected for the 12 month period. Budget Personnel 1/2 Research Assistant or Graduate Research Assistant -------------------------------- $8664.00 Supplies ----------------------------------------------------------------------------------$ 900.00 Total ---------------- $9564.00 The University will provide equipment, boats and other supplies and the sampling and lab analysis will be directed by the following faculty participants. Dr. Ron Sizemore, Dr. Joan Willey, Dr. Jack Manock, Dr. Martin Posey, Dr. David Webster, Dr. Paul Hosier, and Dr. James Merritt. 'i _ j k-ir%AI iiAt imirn I. ONl TMTr NaWt'? '?FlIC /fit V04CW94 U*T, CakACv4@T 'm Kopf v dew • ? c , -- --- -- VAML F:691 CIL - ----- ---- --- ?Q? 686. 03 cm . IMPORTANT ??3 Printed on Recycled Paper N.C. Dept. of Environment, Health, and Natural Resources yxa ,w STATFo ?;- State of North Carolina nent of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. Martin, Governor George T. Everett, Ph.D. William W. Cobey, Jr., Secretary Director December 9, 1991 Regional Offices Ms. Margaret Gray Asheville McKim and Creed 704/251-6208 243 Front Street. Fayetteville Wilmington, North-Carolina .28401 919/486-1541 Mooresville Dear Ms. Gray: 704/663-1699 Subject: Certification Pursuant to Section 401 of the Federal Raleigh Clean Water Act, 919!733-2314 proposed pond shoreline stabilization Washington Project # 91728 919/946-6481 New Hanover County Wilmington 919/395-3900 Attached hereto is a copy of Certification No. 2650 issued. Winston-Salem to Porter's Neck Plantation dated December 9, 1991- 919/896-7007 If we can be of further assistance., do not hesitate to contact us. Sincerely, ikjQAA Q? urge T. Everet Attachments cc: Wilmington District Corps of Engineers Wilmington DEM Regional Office Mr. John Dorney Central Files P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 / Pollution Prevention Pays' . An Fqual Opptrtuniry AN niiative Action Employer. 401ORTH CAR LIr New HanoAft C ount CERTIFICATION THIS CERTIFICATION is issued of Section 401 Public Laws 92-500 and subject to the North Carolina Management Regulations in 15 NCAC Porter's Neck Plantation pursuant 26 day of September, 1991 to upgr of an existing pond. in conformity with the requirements and 95-217 of the United States Division of Environmental 2H, Section .0500 to to an application filed on the 3de and stabilize the perimeter The Application provides adequate assurance that the discharge of fill material into the waters of a tributary to Futch Creek in conjunction with the proposed pond stabilization in New Hanover County will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. Condition(s) of certification: 1. The project will require an individual 401 Water Quality Certification and should meet the following conditions for the impact to wetlands around the perimeter of area C in the enclosed plans. a. That work be restricted to excavation of material along the perimeter of the pond within 20' of the pond edge. No work shall take place within the interior of the pond. b. That silt fences and other erosion control measures be in place prior to any excavation. It is also recommended that existing erosion control measures in place for the construction of the sewer line near the pond be repaired/upgraded prior to any excavation. .c. That excavation be conducted during periods of low flow out of the pond to prevent the discharge of sediments into Futch Creek. d. That the area be stabilized with vegetation as soon as possible after completion of the project. e. That the turbidity outside the immediate construction area (i.e., in Futch Creek) not exceed 25 NTU. ,A4r 46 Ceication (continued) . Violations of any condition herein set forth shall result in revocation of this Certification. This Certification shall become null and void unless the above conditions are made conditions of the Federal Permit. This the 9th day of December, 1991. DIVISION OF ENVIRONMENTAL MANAGEMENT WQC# 2650 ?Z)OW "; . Everett irector ?® W sr 3 t: s t State of North Carolina epartment of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. Martin, Governor William W. Cobey, Jr., Secretary December 5, 1.Q91 George T. Everett, Ph.D. Director Regional Offices Asheville 704/251-6208 Fayetteville Margaret. Gray 919/486-1541 McKim and Creed 243 North Front Street Mooresville 704/663-1699 Wilmington, North Carolina 28401 Raleigh Dear Ms. Gray: 919/733-2314 A* Washington Enclosed is a copy of the bill for $ 47.85 for the Public 919/946-6481 Notice for your project entitled Porter's Neck Plantation, in Wilmington New Hanover County. As you are probably aware, payment is 919/395-39W required by 15 NCAC 2H .0502(f). The check. should be sent to me Winston-Salem and made out to the Department of Environment, Health and Natural 919/896-7007 Resources. Please call me at 919/733-5083 if you have any questions. Sincerely, ohzi R. Dorney ,jRD/kls Gray. ltr /D-8 Cc: Central. Files P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 / Pollution Prevention Pays An Equal Opportunity Affirmative Action Employer Mai •,s?.er e.s S m 3 m n c 0 0 c c ' O z v m c 0 j 'm 3 O w m Z S m O r ?0 m r O O ? D m > > y O c o ° < ' m , D v Z c COL. 0 m m g m y mm m0 m " m N. 0 W N w i m z 0 c -? o c m ?o z CA 5 CL . O ' ° m Z CL v Z a = -i ? W N Z p v m D Z a e lm o m v a c > m _ v m 70 C m s 3 co m D CD m Z fC r o 3 m m O m r 2 7 Z N n 50 D O v DW Z n d 1- do p z op Z m m Z D m a, 0 o = c o D m D a cn -1 r r v m i E] p 3 co O. cl I o A v m cn Zm D cm 3 ® O z c mm Z p i - A m °D so ; AFFIDAVIT OF PUBLICATION STATES`9F NORTH CAROLINA, COUNTY OF NEW HANOVER NORTH CAROLINA DIVISION OF ENVIRONMENTAL MANAGEMENT PUBLIC NOTICE is hereby given that Porters Neck Marina near Wilming- ton, North Carolina, has applied to the North Carolina Division of Envi- ronmental Management for a Water Quality Certification pursuant to Sec- tion 401 of the Federal Clean Water I Act and Environment Management Commission rules in 15A NCAC 2H .0500 and 15A NCAC 28 .0109. The activity for which the certification is sought is to repair the area adjacent to an existing pond on a pond adja- cent to Futch Creek in New Hanover County. The public is invited to comment on the above mentioned application to the Division of Environment Manage- ment. Comments shall be in writing and shall be received by the Division no later than November 15, 1991. Comments should be sent to N.C. Division or Environmental Menage- , meet, Water Quality Planning, Post Office Box 29535, Raleigh, North 1 Carolina 27626-0535, Attention: John Dorr. A copy of the application is on file at the Division office at 127 Carolina Drive Extension, Wilmington Regional Office (919) 395.3900 dur- , ing normal business hours and may be inspected by the public. I John R. Domey for George T. Everett, Director North Carolina Division of Environmental Management DATE: October 21, 1991 Before the undersigned, a Notary Public of said County and State, .JAC06 oRINSOfN who, being duly sworn or affirmed, according to the law, says that he/she is CLASSIFIED ADVERTISING MANAGE? of THE WILMINGTON STAR-NEWS, INC., a corporation organized and doing business under the Laws of the State of North Carolina, and publishing a newspaper known as WILMINGTON MORNING STAR & SUNDAY STAR-NEWS in the City of Wilmington , NORTH C14AIDLIN,ALIVISION CFENVIf' 3NMENTALNAPvAt7EMCitiTPUBLIC NOTIC E IS HEfttEY GIVEN THAT PORTER PORTER'S NECK V was inserted in the aforesaid newspaper in space, and on dates as follows: 10/3GilK 11391 and at the time of such publication Wilmington Star-News was a newspaper meeting all the requirements and qualifications prescribed by Sec. No. 1-597 G.S. of N.C. A CLASSIFIEC AIDV, NGf Title 31ST Sworn or affirmed to, and subscribed before me, this day of C C T A.D., 19 9 11 In Testimony Whereof, I have hereunto set my hand and affixed my offrciai seal. die day and year aforesaid. n My commission expires day 19 Notan Public Upon reading the aforegoing affidavit with the advertisement thereto annexed it is adjudged by the Court that the said publication was duly and properly made, and that the summons has been duly and legally served on the defendant(s). This day of , 19 - Clerk of Superior Court MAIL TO: 1k - - stn S R SERVICE PHONE WILMINGTON STAR-NEWS, INC. CUSTOM 2308 E BOOKKE: 343- 1003 S. 17th Street TO PLACE AD: (919) 343-2323 Wilmington, NC 28401 N.C. STATE WATS: 1-800-672-9085 RY END DATE- I A New York Times Company ADVERTISING STATEMENT LOCK BOX 0/30/91 PH# (91,9) 7337015 11 IDENTUMIFIBER CATION SIZE PUBM DESCRIPTION NSHED I RATE CLASS GROSS e -- PORTER'S NECK M AT1101LO 55 1 •871 145 4?.8? 10/30,1X I PLEASE PAY $47.85 PLEASE RETURN BOTTOM PORTION WITH PAYMENT. PLEASE ENTER ACCOUNT # ON YOUR CHECK WILMINGTON STAR-NEWS, INC. ]AST101 U E NAME f P.O: BOX 580139 AFTER CHARLOTTE, NC 28258-0139 /14 /91 NC DIV. OF ENVIRONMENTAL AMOUNT ENCLOSED ACCOUNT NUMBER AT110160 J A New Yori Times Company $47.85 MAIL REMITTANCE TO: NC DIV. OF ENVIRONMENTAL WILMINGTON STAR-NEWS, INC. MGMT WATER QUALITY P.O. BOX 580139 P.O. BOX 29535 CHARLOTTE, N.C. 28258-0139 RALEIGH,, NC 27626-0535 Use Enclosed Envelope 9421029010101600000047850004785000000091973370153 S2J?? MEMO -? 1 DATE: l o T0: SUBJECT: ril- 01( VL S?1?tli 054 U0 I ")? fit, Q T 6rgQ--)' , cs??32 4?^?iY??/i - ovo f?'Lll- tAe From: STATE o, 11,4 g North Carolina Department of Environment, Health, and Natural Resources e,? Printed on Recycled Paper ' M SGIF o e 1 V ? n V f< 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 William W. Cobey, Jr., Secretary )October 21, 1991 Regional Offices Wilminrxfion Star-News Asheville P. O. BOX 840 704251-6208 Wilmington, N. C. 28402 Fayetteville 919/486-1541 ATTN: Legal Ad Department Mooresville 704/663-1699 Dear Sir: Raleigh SUBJECT: Public Notice 919/733-2314 George T. Everett, Ph.D. Director Washington Please publish the attached Public Notice one time in the 919/946-6481 section set aside for Legal Advertisements in your newspaper. Wilmington The publication should run on or before October 28, 1991. Please 919/395-3900 send the invoice for publication and three copies of the affidavit of publication to the address given below. Payment 919/896-7007 em cannot be processed without the affidavit of publication. N.C. Division of Environmental Management Water Quality Section Post Office 29535 Raleigh, North Carolina 27626-0535 Attn: John Dorney If you have any questions concerning this matter, please call me at 919/733-5083. Sincerely, J An Dorney 401 Certifications JRD/kls PubNot.ltr/D-7 cc: John Dorney Jim Gregson, WiRO Margaret Gray, McKim and Creed P.O. Box 29535, Raleigh, N6rth Carolina 27626-0535 Telephone 919-733-7015 i Pollution Prevention Pays An Equal Oppxtunity Atlinnadw Action Emplo-r '? NORTH CAROLINA DIVISION OF ENVIRONMENTAL MANAGEMENT PUBLIC NOTICE is hereby given that Porter's Neck Marina near Wilmington, North Carolina, has applied to the North Carolina Division of Environmental Management for a Water Qualit, Certification pursuant to Section 401 of the Federal Clean Water Act and Environmental Management Commission rules in 15A NCAC 2H .0500 and 15A NCAC 2B .0109. The activity for which the certification is sought is to repair the area adjacent to an existing pond on a pond adjacent to Futch Creek in New Hanover County. The public is invited to comment on the above mentioned application to the Division of Environmental. Management. Comments shall be in writing and shall be received by the Division no later than November 15, 1991. Comments should be sent to N. C. Division of Environmental Management, Water Quality Planning, Post Office Box 29535, Raleigh, North Carolina 27626-0535, Attention: John Dorney. A copy of the application is on file at the Division office at 127 Carolina Drive Extension, Wilmington Regional Office (919) 395-3900 during normal business hours and may be inspected by the public. 4Q,*,?? &eorge T. Everett, irector North Carolina Division of Environmental Management DATE: October 21, 1991 DIVISION OF ENVIRONMENTAL MANAGEMENT MEMORANDUM ??,?2131415,5 j Date : , October 10, 1991 Co OC1' 1991 REc 6t To : John Dorney s WATER QUALITY Planning Branch planning Branch & From: James--H. Gre son. Wilmington Region 1 Off ice EOE6Z Through: Dave Adkins Wilmington Regional Office Subject: Regional Office Review and Recommendations Application for Permit for Excavation and/or Fill Central Office Permit #91700 McKim & Creed /.Porters Neck Plantation New Hanover County PROJECT DESCRIPTION: The applicant proposes to "clean up" the perimeter of an existing pond. ADJACENT WATER BODY: Futch Creek CLASSIFICATION: SA The project has been reviewed to determine impacts to water quality. The following comments have been provided. 1. Please find the attached Wetland Rating System Worksheet completed by Margaret Gray of McKim & Creed. I generally agree with the rating submitted except in the following areas: 4 Special Ecological Attributes - Because the area is a fresh water marsh adjacent to an estuaries system it is felt that a score of zero is inappropriate. A score in the 2-3 range would better fit this situation. 7 Water Storage 9 Removal of Pollutants - These values should be in the 4-5 range because the wetland is located adjacent to and receives a direct discharge via pipe from a golf course fairway. WETLAND RATING SYSTEM WORKSHEET ?p Project No. or description 0,2? N?G{C '1 GAQT-P lO" Location County 6.1x)4 QC)461p, Nearest road or town River basin LF} f Nearest stream F y- rt4 ? (?C and classification Evaluator A-a& LV-1 Gam`( ZP (KI LA Gib Agency and address ZAD 1\? . ? tJr 'Sir. U)1 LP 06-J W 'Z,64-01 Date and time evaluated 7, Major Wetland Type VVS'("? N /NC J D?2.C f T1 c 4WAI-i Approximate size of wetland system a.& 2 acres - Approximate ex ent of wetlands in area___L,5_acres within M.i IQ Acres Three most common plant species (in order): l.v Q 6) L -ri N t w Ate- CA K ?>oG) wCUP Soil Series (if known) ?? NSF/ l Vt?'E Hydrologic indicators Direct surface hydro ogic conne ion? YES NO Existing Conditions. Drainage PA6- "A1tA-5 or- PAH i N G tfrfFGT 0r- Disturbance ? 2.? h1T D()e _M HE_'>WA 4 Restoration-potential L-OCAj Restoration value L-c( 22 Is site known to rovide habitat for rare, endangered or threatened species? 0 If so, list species observed or recorded. Item No. I.-Location/Landscape 1 Natural area buffer 2 Sensitive watershed 3 Dispersal corridor system II. Ecological Values 4 Special ecological attributes 5 Wildlife habitat 6 Aquatic life 7 Water storage 8 Streambank stabilization 9 Removal of pollutants III. Human Values 10 Outdoor recreation/education 11 Economic value Score (circle one) 5 ,J 5 4 4 3 3 2 2 1 0 10 0 5 4 3 2 1 5 4 .3 2 ( 0 5 4 3 2 0 5 4 3 2 1 5 4 3 2 1 5 4 3 2 0 5 4 3 2 0 5 4 3 2 1 P . Total score Site description and notes: 13 0...* y ..,. Mq<U\4&CREHD September 25, 1991 M&C90077(10) ENGINEERS PLANNERS NCDEHNR SURVEYORS Water Quality Division c/o Jim Gregson 127 Cardinal Dr. Ext. Wilmington, NC 28405 RE: Porters Neck Plantation - Wetland Impact "C" 401 Water Quality Certification Dear Jim: Enclosed is the Golf Course Development Wetland Impact Plan dated 10/19/90, a vicinity map and our internal wetland rating system worksheet. In the past (Nov. 9, 1990) the Corp of Engineers had authorized us to discharge fill material into isolated wetland areas A & B (reference plan). Our present request is to impact area C. We have submitted a request to the Corp of Engineers to upgrade that existing pond. We propose to clean-up the perimeter of the pond. Please review in accordance with a 401 water quality certification or waiver. Call if you need additional information. Sincerely, MCKIM & CRE r D E INEERS, P.A. 243 NORTH FRONT STREET NflLMINGTON, NC 28401 Margaret Gray 919/343-1048 pc: Street Lee - McKim & Creed FAX 919/251-8282 mcc RECEIVED SPP 2 01991 IV'Urn ngton Regional OWOM hro r r 3 VM QL UN dbW Al.IN131A Y*.