The URL can be used to link to this page

Home My WebLink About2019-004 Ver 1_Jurisdictional Determination_20190618Strickland, Bev From: Mairs, Robb L Sent: Tuesday, June 18, 2019 10:10 AM To: Scott, Georgette Cc: Hall, Christine; Kountis, Elizabeth Subject: The Terraces -Surf City -Surface Water Classification Attachments: the terraces surf cityjune 2019.docx.pdf, The Terraces' UT to Virgina Creek Water Classification Letter to DWR WiRO 6-7-19.pdf, the terraces request form -surf city- penderjune 2019.pdf Hey Georgette, Please see our attached memo along with the sampling results provided by Ms. Dana Lutheran with SEGI. Thanks and feel free to let me know if you need any further assistance. Robb Mairs Environmental Specialist II Division of Water Resources North Carolina Department of Environmental Quality 910 796.7303 office robb.mairs(cancdenr.gov https://deg.nc.gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/401-wetlands-buffer- ep rmits 127 Cardinal Drive Extension Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 150uthern Environmental Group, Inc. 5515 Soutk College }load, Suite P. -Wilmington, NC 289-1 2 Phone: 910.1-52.271 1 • Web: www.seei.us 7 June 2019 Via Electronic Mail North Carolina Division of Water Resources 401 Buffers and Wetlands Unit WiRO Attn: Mr. Robb Mairs 127 Cardinal Drive Extension Wilmington, NC 28405 Robb.Mairs(c-r�,ncdenr. gov Re: The Terraces' Unnamed Tributary to Virginia Creek Water Classification Determination Surf City, Pender County, North Carolina Pender County Tax Parcel ID: 4215-87-9642-0000 Dear Robb, Thank you, for meeting with Charles and myself, on 24 May 2019, at the subject site, which is an approximately 50-acre parcel, located south of Hwy 17 North, west of Lowe's Home Goods, and north of The Arbors (see attached Vicinity Map). The parcel is located within the extraterritorial limits of Surf City, in Pender County, North Carolina. The purpose of the site visit was to verify the perennial and intermittent limits, of an unnamed tributary that runs up through the subject property. Additionally, Charles and I wanted to discuss the upstream extent of "SA Waters" (i.e. tidal salt -waters), which is the subject of this correspondence. During our meeting, you informed us that the DWR made a previous determination on the limits of SA waters within the subject tributary, but that the determination had expired and that opened up the opportunity to request a new determination. That being said and by way of this correspondence, SEGi is requesting a new review of the subject tributary and is submitting supporting documentation demonstrating the upstream extent of SA water intrusion (i.e. normal high water), within the feature, is greater than '/Z mile from the subject property, as well as current DWR regulations, for classifying unnamed freshwater tributaries, draining to class SA waters. According to 15A NCAC 02B .0202(63), tidal saltwater is defined as: "...all tidal waters which are classified by the Environmental Management Commission which generally have a natural chloride ion content in excess of 500 parts per million and include all waters assigned S classifications." According to 15A NCAC 2B .0200(i)(1)(B), unnamed streams carry the same classification as that assigned to the stream segment, to which it is a tributary, except for unnamed freshwater tributaries to tidal waters, which will be classified as "C". According to the Division of Water Resources' (DWR) Surface Water Classification Map, the subject tributary drains to Virginia Creek, which is classified as a "SA" body of water (see attached Water Classification Map). The classification defines the limits of SA waters as "from the source" to the Intracoastal Waterway. A review of the most current US Geological Survey (USGS) topographic map did not reveal any tributaries draining to Virginia Creek (see attached). However, the 1942 USGS Topsail 1;62,500 Topographic Map depicts four (4) unnamed tributaries (UT) draining to Virginia Creek (see attached). UT #2 is the subject of this evaluation. A physical evaluation of the area revealed saltwater flora (e.g. Black Needlerush (Juncus roemerianus)) transitions into freshwater flora (e.g. Swamp Bay (Persea palustris), Wax Myrtle (Myrica cerifera) and Brownish Beaksage Page 1 of 2 The Terraces UT to Virginia Creek Water Classification Sr—Gi (Rhynchospora capitellata)), approximately 0.71-mile downstream of the subject property. A review of the NC Division of Marine Fisheries' (DMF) Primary Nursery Area (PNA) Map #22 (see attached) further supports that saltwater intrusion does not extend to the subject property. The DMF Commission classifies tidal saltwaters, which provide essential habitat for the early development of commercially important fish and shellfish, as PNA. Based on this information and per your recommendation, on 28 May 2019, Charles and myself collected water samples, at five (5) different locations, along the subject tributary (see attached Water Sample Location Map). The samples were placed in a cooler, with ice, until they were submitted to Environmental Chemists, Inc., a state certified, testing lab, who then analyzed the samples for total chlorides. The following table provides the sample location coordinates, collection times, weather conditions, method of sampling and results for each sample collected: Sample Number Coordinates (DD) Time Condition Method of Sampling Total Chlorides (mg/L) 1 34.448589,-77.608516 8:45 am Sunny & 84°F Grab 8 m /L 2 34.443982,-77.608334 9:00 am Sunny & 84°F Grab 12 mg/L 3 34.440808,-77.609154 9:20 am Sunny & 86°F Grab 19 mg/L 4 34.440410,-77.610140 9:45 am Sunny & 87°F Grab 17 mg/L 5 34.437511,-77.608820 10:05 am Sunny & 87°F Grab 6260 mg/L Table 1 UT #2 Water Sample Collection Information and Results (1mg/L =1 ppm) The results of the testing revealed what Charles and I had anticipated, that being the total chloride level in the water samples taken upstream of where saltwater flora transitions into freshwater flora (i.e. Samples 1-4) was much less than 500 parts per million, indicating freshwater, and the one sample that was taken within the area, where saltwater flora was prominent (i.e. Sample #5), far exceeded 500 parts per million, indicating saltwater. And, last but not least, approximately 900 feet upstream of where saltwater flora transitions into freshwater flora (i.e. Sample Location #5), a man-made earthen dam (i.e. Dogwood Lake Dam) can be found. This feature precludes saltwater intrusion upstream of that point. The dam is approximately 2,750 linear feet or 0.52-mile downstream of the subject boundary (see attached Distance to Dam Map). Based on the results of the chlorides testing, as well as physical evaluation of the tributary and evaluation of available maps and aerial photos, it is of my and Charles's opinion that SA waters do not extend to within '/2 mile of the subject property. However, should you have questions or need additional information to assist you in your decision making, please call me at 910.228.1841. Should the DWR agree with this position, we would respectfully request that the DWR, at their earliest opportunity, notify the DEMLR WiRO Stormwater Unit, specifically Christine Nelson. This will allow the division to schedule the required, low density design meeting, with Charles and his engineer. As was expressed during our meeting, time is of the essence, with this project, thus your prompt attention to this matter would be greatly appreciated. Thank you, in advance, for your assistance with this project. We look forward to hearing from you. Sincerely, Dana A. Lutheran SEGi Regulatory Specialist Enclosures (2) cc: Mr. Charles Poindexter - ccpii(c-r�,mac.com Southern Environmental Group Date of Report: Jun 03, 2019 5315 South College Rd Suite E Customer PO #: Wilmington NC 28412 Customer ID: 14050002 Attention: Report #: 2019-08354 Project ID: The Terraces Lab ID Sample ID: Collect Date/Time Matrix Sampled by 19-21275 Site: #1 5/28/2019 8:45 AM Water D. Lutheran Test Method Results Date Analyzed Chloride SM 4500 CI E 8 mg/L 05/31/2019 Lab ID Sample ID: Collect Date/Time Matrix Sampled by 19-21276 Site: #2 5/28/2019 9:00 AM Water D, Lutheran Test Method Results Date Analyzed Chloride SM 4500 CI E 12 mg/L 05/31/2019 Lab lD Sample ID: Collect Date/Time Matrix Sampled by 19-21277 Site: #3 5/28/2019 9:20 AM Water D. Lutheran Test Method Results Date Analyzed Chloride SM 4500 CI E 19 mg/L 05/31/2019 Lab lD Sample ID: Collect Date/Time Matrix Sampled by 19-21278 Site: #4 5/28/2019 9:45 AM Water D. Lutheran Test Method Results Date Analyzed ----- Chloride SM 4500 CI E 17 mg/L 05/31/2019 Lab ID Sample ID: Collect Date/Time Matrix Sampled by 19-21279 Site: #5 5/28/2019 10:05 AM Water D. Lutheran Test Method Results Date Analyzed Chloride SM 4500 CI E 6260 mg/L 06/01/2019 Comment: Reviewed by: Report Viz:: 201 n-08354 Ana"c,'4 Constiffing Chemists Client: ADDRESS: h Sampled By: Sample Identification Date S, ample djentificalion Earr DateiI krumm ro Temperature when Received: Delivered Comments: ENVIRONMENTAL CHEMISTS, INC 6602 Windmill Way W, NC 28405 OFFICE: 910-392-0223ilmingtonFAX 910-392-4424 NCDENR: DWO CERTIFICATION # 94 NCDHHS: DLS CERTIFICATION # 377:29 lnfo@environmentalchemists.com COLLECTION AND CHAIN OF CUSTODY PROJECT NAME: REPORT NO. '0 CONTACT PO Na: REPORT TO: PHONE/FAX: �ICOPY TO: email: 6 LkAArl ex o n c4- lection SAMPLE TYPE: I = Influent, E = Effluent, W Well, ST = Stream, SO = Soil, SL = Sludge, Other: PRESERVATION E Q. 01 -j W x EZ z 0 0 W ANALYSIS REQUESTED ime Temp 0 0 0 U U z 0 W5 g 4o ST C CG) G •00 C rG) G C n \50 G IST C rlo G BLS C I G C P G G C G P G C P G G C p G G azm= pie Requested:_ Time: TURNAROUND: Virginia Creek Water Classification Exhibits 1 and 2 The Terraces Vicinity Map (Source: Google Maps) jWater Sample #1 ado v Vvater Sa m.- le #. 2 AM ater Sample # 23-� rCD er-Sam le"44 AWater P 4VVa ter Sample #5 'D 20 18 Googie Virginia Creek Water Classification Exhibits IX op - L K fr I I I - }� � � � f � Jr•Uri v } I 01 42 �r eb �f r " ; r r i 15 I• F I � �# k 4er � I Y 3 Current USGS Topographic Map (Source NCDWR Water Classification Interactive Mapping) 3 Virginia Creek Water Classification Exhibits Project Locatloh _•� � ' 1 Virginia Cr-eiak r�-- ems•. J � + -0103 1 } Z - y• Area 103 is d � • - - �-!F �1 i• ' I 4 Virginia Creek Primary Nursery Area Map (Source NC DMF Primary Nursery Map) Virginia Creek Water Classification Exhibits r = r' A t � I � } Unnamed Tributary 2 Unnamed Tributary 3 # • �# It s Unnamed Tributary 1 Unnamed Tributary 4JENS f LA N011Y � � r £ • �..- - - '.,ram . � �x � f }Q4..� F 51942 USGS Topsail 1;6Z500 Topographic Map (Source: US Geologic Survey) 5 Project Locati( LI . �� /\ �2 a , Sam VV teOle #2 rt bp. \ . . Ater Sa ple. #3/, O water m #4 ' eolele ¢ AVVater Sample #5 09 t 2018 Gingle- CIIII G( f Virginia Creek Water Classification Exhibits I 5 Surface Water Classifications: Stream Index: 18-87-9 Stream dame: Virginia Creek y Description: From source to k 1 Intracoastal Wfflerwa - t Y - �,. v�. Classification: SA=HQW %y -y' T x D$te of Class_: August 8, 1981 V I River Basin: White Oak Whatdoesthis More info Class. mean? 7 Virginia Creek Water Classification Map (Source: NC DWR Water Classification Interactive Map) 7 Approx. Project Limit r° i . rox. 0.52 LF Ap `#- z Dogwood Lak am Loc ion + �c 9 F . ' Approximate limit of SA waters " MAW w-�- IL Permit State of North Carolina Department of Environment and Natural Resources Division of Water Quality WATER QUALITY CLASSIFICATION REQUEST FORM This form may be photocopied for use as an original. I. PROJECT INFORMATION In order to determine the receiving stream for a project in a coastal county or whether a State Stormwater Management Permit will be required for a project in a non -coastal county, the classification of the closest downslope surface waters (the surface waters that any sheet flow or overflow from the project would flow toward) must be determined. Please complete Sections I and II below. DWQ Staff will determine the receiving stream classification, complete Section III, and return the completed form to you. Project Name: The Terraces County: Pender 2.. Contact Person: 3. Mailing Address: 5315 South College Road, Suite E 4. City Wilmington State NC Zip 28412 Phone No, 10 22� s 1841 5. Name of closest downslope surface waters: Virginia Creek 6. Signature of contact person: G• Date: 6 1 7 7 9 7. Is a Sedimentation Erosion Control Plan or a CAMA Major Permit required? ®YES ❑NO II. REQUIRED ITEMS An 8.5" x 11" copy of the appropriate portion of a USGS quad sheet showing the projects property boundaries, receiving stream, major roads or State Roads numbers, and nearest town or city must be attached. Mail the entire package to: NCDENR Division of Water Quality Surface Water Protection Section - Stormwater at the Appropriate Contact Address (see the following page) III. CLASSIFICATION REQUEST (To be completed by Regional Office personnel) 1. Name of surfacp waters: VT 10 KY`Ai� 2. River Basin: 90-e- Oak Index No. —U, 3. Classification (as established by the EMC): 'rC " 4. Proposed Classification, if applicable: A 5. State Stormwater Management Permit r 6. Signature of Regional Office personnel: / cc: DWQ - Regional Office Consultant Building Inspector Central Files ` " r" ")(J)63) NC/fC 02B. 0301 PNO %, Date 6- - -8 SWU-111-060608 Page 1 of 2 DocuSign Envelope ID: OAB2F610-FD03-4OF7-A90E-9AF3FAA6CO6B ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director NORTH CAROLINA Environmental Quality TO: Georgette Scott Stormwater Supervisor Division of Energy, Minerals and Land Resources FROM: Robb Mairs - Environmental Specialist II DocuSigned by: Division of Water Resources r6bb �Lc n Wilmington Regional Office 07E3C01E15644EC... THROUGH: Morella Sanchez -King Regional Supervisor Division of Water Resources Wilmington Regional Office DATE: June 18, 2019 DocuSigned by: 64 6/18/2019 E3ABA14AC7DC434... SUBJECT: The Terraces, Surf City, Pender Co. Please find the attached surface waters sampling test and narrative for the Subject project. Chloride samples were collected on May 28, 2019 approximately 1/2 mile downstream of the project site by Southern Environmental Group, Inc. (SEGI) and submitted to a certified laboratory for analysis. Lab results indicate that the total chloride concentrations at four (4) of the five (5) sample locations were below 500 mg/L (Samples No.1-4). Sample No. 5 was taken within the tidally influenced area within this tributary of Virginia Creek approximately 0.7 miles downstream of the project site, which lab results were 6260 mg/L. I have also inspected the project site on May 24, 2019, and on previous site inspections at The Arbors Subdivision located southeast and downstream of the project site, and concur that, based on the general topography of the area, this area is not tidally influenced. Sample results indicate that the total chloride concentrations 1/2 mile downstream from the project boundary are less than that required to meet "tidal salt water" standards per 15A NCAC 02B .0301. Because sample locations were within an unnamed tributary to Virginia Creek, the classification at the point of sampling below 500 mg/L would be "C". Hopefully we can get additional guidance for future projects that require chloride sampling (e.g. timing of sampling relative to tidal cycle and rainfall events, number of samples, certified laboratory requirements, etc.). In this case, based on the topography, additional samples or the timing thereof, would not have made a difference in the results. Attachments Cc: Christine Hall- DEMLR Elizabeth Kountis-DWR DWR 401 & Buffer Permitting Branch file-LF WiRO D Q � North Carolina Department of Environmental Quality I Division of Water Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 NORTH CAROLINA 3a"M9maEnvIWn blmwnq 910.796.7215