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HomeMy WebLinkAbout19940950 Ver 1_Complete File_19990611State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management A James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary H N ? A. Preston Howard, Jr., P.E., Director ID E June 11, 1996 Mr. Kevin Martin Soil and Environmental Consultants 244 West Millbrook Road Raleigh, NC 27609 Dear Mr. Martin: Re: Revised site pl Cumbe o ustnal Park DE CO 00764 and 199103404 Cumberland County In accordance with you 30 May 1996 letter, the 401 Water Quality Certification for this project is hereby modified to reflect the new lot configuration. All other conditions of our Certification are still applicable. Please call Mr. John Dorney of my staff at 919-733-1786 if you have any questions. Sincerely, P.eston H arid, Jr., P cc: Fayetteville DEM Regional Office Wilmington District Corps of Engineers Matt Flint, Wilmington Field Office Corps of Engineers John Dorney Central Files Division of Environmental Management - Environmental Sciences Branch 4401 Reedy Creek Rd., Raleigh, NC 27626-0535 - Telephone 919-733-1786 - FAX 919-733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper -ft 05/tO/1996 10:32 9198469467 PAGE 01 En nmental Consultants, 244 West Millbrook Road )III Raleigh, North Carolina 27609 ¦ (919) 846-59(x) ¦ Fax (919) 846-9467 NCDEH &. NR - DEM Attn: Mr. John Dorney 4401 Reedv C.roek ]load Raleigh, NC 27607 Dcaar Messrs- Dornoy and Flint- US Army Corps of Engineers - Regulatory Attn: Mr. Matt Flint P.O. Box 1890 Wilmington, NC 28402 'rile purpose of this letter is to request a revision to the current DEM 401 Water Quality Certification and Corps Nationwide Permits for the project known its the Cumberland County Industrial Park (DEM project #94950 and previous Corps Action IDs 199100764 and 799103404). Total proposed wetland impacts are equal to or less than the amount originally permitted. 'fhe client desires this change because of changes in lot configuration. As cilways, industrial parks are designed bases{ on initial best guesses of what a buyer may want and are later revised based on ")reality". Our client needs to begin construction ASAP and I hope, as in the past, we can receive verbal authorization to proceed quickly (i.e. the 30 day process period is usually not required). Please call if you have questions or .require further information to process this req nest. Sincerely, 4-" ( Aq- Kovin C. Martin President KC.M/inag Post-!t• Fax Note 7671 Date C $ ? agt' ?a From ; Aar, Co./Dept. Co. f Phona # Phone # a Fax # r p Fax # 1 1996 SCIVVC68 Soill`..aite Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Er vironmentai Audit,- -On-Site Waste Treatment Systems, Evaluation and Design 05A30/1996 10:32 +:1?'H?f Sd+ X41 ?:' I t MN , GM N. C. ) '07 'A"' 11 1L5 HOPE MIt.LS, N. C. WA mw PMAS 0, quM QUAOIRANGLB LOCATION 34078-t & TFM4 tr M GRID AND 196 XAGWnC WORM 1966 OECUONA"M AT CeWnER OF BFI, ET DMA ou N raw--ea vau SCALE 1:24 000 . 1 .S 4 1 MILES ? 2000 30M 40H 5a 6000 Mob 8400 ww 10000 10(0o yrr c-• . -._ Imo ..-, meaner ?rwwn .:-..•:??nw?e?.?= _::: +: ?:yac^ .. ?- - _:• ? _ I?ILQMfTCAR 1 2 1404 0 "im4 60 CONTOUR 1N'L'ERVAL 5 FEET NATIONAL GEODETIC VWnCAL DATUM OF 1929 THIS MAP COMPI.iB9 Wrffl NATIONAL MAP ACCURACY STANDARDS FOR SALE BY U. S. GEOLOGICAL. SURVEY. DENVER. COLORADO $10225, OR REST )N. VIRGINIA 22092 A FOL. _ri DESCRIBING TOPOGRAPHIC mAP5 AND SYMBOLS IS AVAILABLE Ol. -:EQUEST A 9198469467 PAGE 02 030/1996 10:32 9198469467 PAGE 03 ry ?h ?`J be .y? •.?3 .y . b r . \\ t?'1y•Ot ? ??r, r ?1 •C? .? IYt t? s? `•'rf'?l A? ? W f ? o?i M b 4 r l'?? O ?Cjr' Zf Q i 0*1 H ??,?? ?,..•' .y 2 ??*p $ a? ,P? or? "'fir ? ?Q ? VI a? rn t? `I,r• , ?? r i? ? r•. '* ? ? ? • a ?? G? q „ o w It, it ?F4 0. It Ir •,';- c? C ?, 11 I? ? ?] r '17?1?? ??.? ? ; V ? ?. ? - fir' ?l 1 ? •J V4 Q r as T?j • ,Y (n - f `.. diso `'a,S a ? y3 r r N 00 CU ' \*^ , ,r ? 0 Ito ;` L 0Ff30f1996 10:32 9198469467 PAGE 04 .W%..O..1S- I to v ? 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Attached ? Under separate cover ? Shop drawings ? Prints ? Plans ? Copy of letter ? Change order ? the following items: ? Samples ? Specifications - runt ^eusre An= wlnr R0 w?nren I[lIUnty NnTIFN IIQ AT ONCE- COPIES DATE NO. DESCRIPTION THESE ARE TRANSMITTED as checked below: ? For approval ? For your use ? As requested ? For review and comment ? Approved as submitted ? Approved as noted ? Returned for corrections ? Resubmit copies for approval ? Submit copies for distribution ? Return corrected prints COPY TO Signed: •7IGINAL /G/{ X20 R?-- - - neu.i re oerl 10NGn AFTER I nAN TO M x August 9, 1994 FA;, 7 =WAT SABINE & WATERS ENVIRONMENTAL LAND MANAGEMENT CONSULTANTS t ?' 1 4 IOU[ AW ' 71994 WA ER QUALITY 3QECT n* MITIGATION MONITORING REPORT HIGHLAND CREEK 1994 Prepared for American General Land Development Company 8604 Cliff Cameron Dr. Suite 180 Charlotte, North Carolina 28269 Prepared by Sabine & Waters, Inc. P.O. Box 1072 Summerville, South Carolina 29484 July 28, 1994 i INTRODUCTION Highland Creek is an approximately 1,700-acre site located approximately 11 miles northeast of downtown Charlotte, North Carolina (Figure 1). The initial developmental phase of the site contains an 18-hole championship golf course surrounded by single family residential homes. The site is typical of piedmont woodlands, consisting of mixed pine-hardwood uplands, interspersed with small creeks and floodplains. BACKGROUND American General Land Development (formerly Newland Carolina) was issued a Section 404 permit from the U.S. Army Corps of Engineers (USACE) and a Section 401 Water Quality Certification from the N.C. Department of Environment, Health and Natural Resources (NCDEHNR) to fill 3.; acres of wetlands at Highland Creek. As a condition of the issued permit, 5.5 acres of wetlands were to be created to compensate for the unavoidable impacts to wetlands resulting from golf course and residential development. Wetlands were created in spring, 1992, by grading upland areas, typically adjacent to existing creeks, to elevations suitable for the establishment of aquatic plants, and by creating littoral zones around the perimeter of lakes and ponds. The issued permit required mitigation monitoring to be conducted for a period of three years. Qualitative monitoring was conducted the first two years following mitigation implementation. This report contains the results of the third year of quantitative monitoring. ? ? yea? ake, f: . 0 2 4 Miles `•=9 3? , ti ,Norma Moore V 115 q sville Pd e, 2 `G 9a aG : Fs ?' HIGHLAND CREEK 'Hx y , . y Sam 77 Furr Q'a n ,?,,.>.<: ,. µ JAG 73 115 Gr $ 73 G;• R ah Concord R ma m 9tr CD erntersville - ft?d 8 >. Rd a Ellenwood Rdr Chutch m Street Arles Rd Po Tent ftA „r. -n N ? Neck Ra 9a am6ry9hr Rd a a5?\e?a Redas.ooun .0 To 9 ,• a CONCORD 'Ffis;. d/S: .e Odell ..,. • 1 PURPOSE AND OBJECTIVES The mitigation consisted of creating approximately 2.4 acres of forested wetlands, and approximately 3.2 acres of emergent herbaceous wetlands. The purpose of mitigation monitoring was to evaluate the success of the wetland creation activities, and to determine if permit conditions have been satisfied. Specific objectives of this report include: o Determine percent coverage of planted and naturally colonizing vegetation in the wetland creation areas o Evaluate the overall success of the mitigation effort o Make recommendations for further. work or maintenance, if warranted It is intended that this report will be transmitted to the USACE and the NCDEHNR on behalf of American General Land Development for their review and approval. METHODS Mitigation monitoring at Highland Creek consisted of quantitative vegetation monitoring in the eight wetland creation areas. Wetland creation areas at Highland Creek were sampled by the line intercept method. This sampling methodology yields good results in areas vegetated by emergent herbaceous and other low-growing plants. Multiple transects can be averaged to represent percent coverage over large areas. A minimum of one 100-foot line transect was randomly established in each of the eight mitigation sites. Two transects were established in the larger sites. A plastic measuring tape was stretched for a distance of 100 feet from a randomly established starting point in or adjacent to the wetland creation area. Notation was made regarding the presence of plant material and species composition at each foot mark along the i 100-foot tape. Species were identified to the lowest taxonomic unit possible on-site. Frequency of occurrence for each species and for all species combined was determined for each transect. Frequency of occurrence was used to describe percent coverage of vegetation by species for each mitigation site. RESULTS AND DISCUSSION The results of the line intercept vegetation sampling of the eight wetland creation sites at Highland Creek are contained in Table 1. Total percent coverage of vegetation for the eight individual wetland creation sites ranged from 82 to 99 percent coverage, with a mean of 92 percent coverage of vegetation for all sites. Pickerel weed (Pontederia cordata) was the dominant plant species in seven of the eight sites, ranging from 32 percent coverage to 85 percent coverage. Other species consistently ranking high in all sites included water fern (Azola sp.), soft-stem bullrush (Scirpus validus), bull-tongue (Sagittaria lancifolia), and cattail (7ypha latifolia). The species that were planted in the wetland creation sites are generally the species occupying the greatest percent coverage in the sample sites. The results of the wetland=,mitigation=monitoririgatHighland-Cfeek?indicate-that- all: eight, wetland=creation sites -are=successful7ar the. endiof three-growing-seasons. Percent coverage of vegetation in all sites is greater than 82 percent, which is substantially greater than the expected standard of 75 percent coverage. Species composition within the wetland creation sites is also desirable. The dominant species are typically the target species that were planted. Spreading of the planted material is also occurring at a rapid rate. There is also the normal colonization of desirable endemic aquatic species. Some of the sites contain various amounts of nuisance species. Sites A and F contain cattail and Site F contains an excessive amount of duckweed (lemna minor). Recommendations for management of these potentially undesirable species will be provided to Highland Creek under separate cover. SUMMARY Approximately 5.5 acres of wetlands were created at Highland Creek in spring, 1992. The sites were monitored using quantitative techniques in July, 1994. Monitoring results indicate that all eight wetland creation sites are successful at the end of three growing seasons. It is our recommendation that the wetland creation sites be managed as a part of the golf course for natural diversity and quality aquatic habitats. With the successful completion of the wetland mitigation at Highland Creek, it is our opinion that the mitigation and monitoring conditions of the issued 404 Permit and 401 Water Quality Certification have been satisfied. v' J Table 1. Results of vegetation sampling in eight wetland creation sites at Highland Creek. SITE VEGETATION A Pontederia cordata (32)2 Scirpus validus (16) 7ypha latifolia (12) Azola sp. (6) Panicum hemitomon (14) Iris virginica (10) Eleocharis sp. (4) B Pontederia cordata (55) Azola sp. (23) 7ypha latifolia (4) Sagittaria lancifolia (4) Scirpus validus (2) C Pontederia cordata (43) Azola sp. (20) Juncus effxus (6) 7ypha latifolia (3) Scirpus valldus (20) Unidentified grass (1) D3 Unidentified grass (41) Aneilema keisak (20) Juncus effusus (18) Unidentified herb (8) Polygonium spp. (5) C?nodon sp. (4) Sal& nigra (2) Populus deltoides (1) D1 Pontederia cordata (80) Aneilema keisak (5) Scirpus valldus (4) ' Percent coverage for all species combined. 2 Percent coverage for each individual species. % COVER' 94 88 94 99 82 3 Percent coverage along ail 80-foot transect. Juncus e, fJ"usus (4) Azola sp. (5) Sagittaria latifolia (1) Ludwigia sp. (1) Elocharis sp. (1) Panicum hemitomon (1) F Pontederia cordata (62) Sagittaria lancifolia (15) 7ypha latifolia (8) Scirpus validus (3) Polygonium sp. (1) Salix nigra (4) 93 G Pontederia cordata (85) 96 7ypha latifolia (3) Salix nigra (8) Mean 92 Stt'}-De He Div Jon Jon A. P 4 C 010 N U 1. Ii f 0, Mr. Amu 8604 Char.-..,,., .v4%- ?oz69 Dear Mr. Wright: b 0 ?? - ; 4 W A r'VV C??HNF-I 1994 JAN 05 1995 A`"ERICAN GENERAL LAND UVELQPMENT, INC. Subject: Highland Creek 1Vlitigation Monitoring Report, 7/28/94 Mecklenburg County DEM # 91520 The 401 Water Quality Certification (WQC) issued for the subject project on May 29, 1991 contained a condition which required American General Land Development, Inc. (formally American Newland Associates) to create 5.5 acres of herbaceous emergent wetlands and forested flats to compensate for .1.2 acres of unavoidable wetland impact associated with the subject golf course and residential development. The details of the wetland mitigation plan were outlined in a letter dated May 21, 1994 (attached). The monitoring report dated July 28, 1994 was reviewed to determine if the actions taken by American General Land Development were in compliance with the mitigation requirementb of the WQC. Based on this review the following comments and recommendations are offered: 1. The wetland creation sites were to be monitored for a period of 5 years following the procedures described in Mitigation Site Type Classification (MiST). The MIST procedures require detailed monitoring and description of the vegetation, hydrology and soils of the creation sites at frequencies ranging from monthly to semi- annually. None of this information has been submitted except a description of the percent cover of vegetation of the emergent wetlands after the third growing season. Please submit all data that has been collected in accordance with the MIST procedures. If this information has not been collected please provide a written explanation as to why the information has not been collected. 16 iIG 10 35.^.!41 F.._._ ZL.y.Nu' wl.ti 1'v li.'_JJJH?J ?L State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B, Hunt, Jr., Governor Jonathan S. Howes, Secretary A. Preston Howard, Jr., P.E., Director December 30, 1994 Mr. David Wright American General Land Development, Inc. 8604 Cliff Cameron Drive, Suite 180 Charlotte, NC 28269 Dear Mr. Wright: i i i&TA C) IF F I JAN G 5 1995 A'iERICAN GENERAL LAND DEVELOPMENT, INC. A[1. M.. Subject: Highland Creek Mitigation Monitoring Report, 7/28/94 Mecklenburg County DEM # 91520 The 401 Water Quality Certification ww) issued for the subject project on May 29, 1991 contained a condition which required American General Land Development, Inc. (formally American Newland Associates) to create 5.5 acres of herbaceous emergent wetlands and forested flats to compensate for 3.2 acres of unavoidable wetland impact associated with the subject golf course and residential development. The details of the wetland mitigation plan were outlined in a letter dated May 21, 1994 (attached). The monitoring report dated July 28, 1994 was reviewed to determine if the actions taken by American General Land Development were in compliance with the mitigation requirements of the WQC, Based, on this review the following comments and recommendations are offered: 1. The wetland creation sites were to be monitored for a period of 5 years following the procedures described in Mitigation Site Type Classification (MIST). The MIST procedures require detailed monitoring and description of the vegetation, hydrology and soils of the creation sites at frequencies ranging from monthly to semi- annually. None of this information has been submitted except a description of the percent cover of vegetation of the emergent wetlands after the third growing season. Please submit all data that has been collected in accordance with the MIST procedures. If this information has not been collected please provide a written explanation as to why the information has not been collected. i 16-95 10 35nM FRO1vI .?.?_D HIGHLAND CREEK TO 11-i F004;'004 2 No data has been submitted concerning the size of the wetlands at each of the 8 creation sites. Have 5.5 acres of wetlands been created? How many acres of each type of wetlands have been created? Please submit a map indicating the type and size of wetlands at each site. A significant portion of the information that should have been contained in this and previous monitoring reports has not been provided. Therefore, we are unable to concur with the opinion that the mitigation and monitoring conditions of the WQC have been satisfied as stated in the Summary of the subject monitoring report. Please submit the data that has been collected per the MIST procedures as required by the WQC to me by February 28, 1995. Upon receipt of this information we will determine the status of your compliance with the conditions of the WQC. If you have any questions concerning these comments I can be reached at 919/733-0026. Sincerely, ;Ro Ferrell Water Quality Section cc John Dorney A; lb ECOLOGICAL ASSOCIATES Ecological - Environmental - Natural Resources Consulting 4676 Bears Bluff Road Wadmalaw Island, SC 29487 February 14, 1995 Mr. Ron Ferrell N.C. Department of Environment, Health & Natural Resources Water Quality Section P.O. Box 29535 Raleigh, North Carolina 27626-0535 SUBJECT: Highland Creek - Mitigation Monitoring DEM # 91520 - Mecklenburg County Dear Ron: (803) 559-4127 Office (803) 559-5593 Home Pursuant to our recent conversations regarding the above referenced project, Ecological Associates is pleased to submit the information that you requested. This information is submitted on behalf of American General Land Development, Inc. Based on our recent conversations, it is our understanding that you need the following additional information to complete your review of this project: * Maps or other information that will allow you to review the acreage of wetlands actually created verses the amount required in the issued permit * Background information regarding the sequence of monitoring during the three year monitoring period, with an explanation for the lack of monitoring during the first two years of the monitoring period * Evaluation of the success of the mitigation relative to established functions and values of the created wetlands, with specific reference to stormwater management Please find attached a one to 200 (1:200) scale map entitled Highland Creek Golf Course Routing, which shows the location of all the mitigation sites within Highland Creek. Also attached are individual survey maps of some of the specific mitigation sites showing a detail of the configuration and acreage of the individual sites, as well as a memo from Jan Baratta to Nick Roark detailing the survey and estimated acreage results for all the mitigation sites. The mitigation requirement, as identified in the issued permit, is 5.5 acres. It is my opinion, based on both surveyed and estimated mitigation acreage, that the total amount of actual mitigation performed is very close to the required 5.5 acres. The required mitigation was performed initially in Spring, 1992. Monitoring was to begin in fall, 1992, after the first post-planting growing season, and progress for three growing seasons thereafter. At the end of three years of monitoring an assessment was to be made regarding the success of the mitigation effort. During late summer, 1992, extreme flood conditions caused the dikes in mitigation areas B and C to breech. This resulted in the destruction of planted materials, and necessitated reconstruction within these sites, which further impacted the planted wetlands. As a result of these actions, two of the primary mitigation areas were in a state of disrepair and reconstruction during Fall, 1992, rendering them unsuitable for monitoring efforts. The other mitigation areas were generally unaffected. A decision was made to replant the affected areas in Spring, 1993, and delay the monitoring until after the second post-planting growing season. Planting of the affected areas was conducted in Spring, 1993, as planned, however, contract extensions to perform the monitoring were not in place until late winter, 1994, well past the end of the second post- planting growing season. Accordingly, formal, quantitative monitoring was performed in late summer, 1994, at the end of the third post-planting growing season. Qualitative monitoring consisting of inspecting the sites for encroachments and evaluating the general progress and/or success of the sites was conducted on a number of occasions during the first two growing seasons. The mitigation at Highland Creek has been successfully implemented in accordance with the conditions of the issued permit. As described in the monitoring report dated July 28, 1995, the data collected at the end of the third post-planting growing season, as well as general qualitative observations over the entire monitoring period, indicate that the wetland creation areas possess the structural components and associated values of desired wetlands. Within the context of the Highland Creek Golf Course and adjacent development, the created wetlands are providing functions typical of natural wetlands. All the wetlands that have been created are extensions of existing creeks, lakes, or riparian areas. As such they are particularly valuable as aquatic habitat for the normal assemblage of aquatic organisms typically associated with these areas. The vegetated wetlands are also providing habitat for a variety of wading birds, waterfowl, and small mammals, which are seen regularly in the created wetland areas. The created wetlands are also providing important water resource and water quality functions including; floodwater storage, sediment retention, groundwater recharge/discharge, shoreline stabilization, pollution filtration, and nutrient assimilation. The created wetlands are all incorporated into the stormwater management plan for the site, thereby functioning as stormwater retention/detention areas. The value of the wetland creation areas as stormwater retention/detention areas is particularly important in consideration of the land development that is taking place around these areas. The created wetland areas are assisting greatly in on-site assimilation of potential pollutants associated with the increased stormwater runoff from the site. This on-site assimilation assists in preventing these potential impacts from being transmitted to down-gradient habitats. I hope this additional information will allow you to complete your review of this project, and concur with our assessment that the conditions of the Water Quality Certification have been satisfied. It has been a pleasure to work with you on this project. Please contact me if you have any questions regarding this submittal, or if you require anything further. Sincerely, 1-7 ?GL C l> D. Nick Roark Ecologist DNR/klh Enclosures c: Mr. David Wright - American General Land Development, Inc. ?e i .a 5 9$-u ZgS? SZ??O 9&?. 910/010d_ . 06.996990091 iiZ ME G91HIH QM MH F99:60 96-0 O-1? 01-30-95 09:56AM FROM AGLD HIGHLAND CREEK TO 10035595593 '05 01/26 15 62 a? 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Uprvwyad #ff!f is -V- Oft f0at aettiedl 4bQw wmo ilwt. ,? assn drok(np 1n?o prr3vlnac? ? r pa?$en,t; -l?Ft? ?f??rASOr7'FE? ?i`4rpord#,tdh, .RA... ArIPMA TSB -- ZF1 3 ATOZ4M CA HOLLAND SU)"4wRx INC, mat rwR sm - 1,4MA . loo wftw 22, Iota B r t ', T r:.1`T a ( RE E- Tel Sri h P 0 0 2 ! ! _D L?, .. i a a '05 01/28 15:48 SABINE & WATERS ENVIRONMENTAL LAND MANAGEMENT CONSULTANTS MEMORANDUM TO: Ian Baratta FROM: Nid Roark SUBIECT: MgMand Creak wetland mitigation DATE: April 51199$ I have reviewed my wetland caution figures and your figures (sumtz y table) in Watibn to the required 5.5 acres of miti$etion. I suggest you Use the fallowing figures for a new summary table; AREA Arses A - Halo 2 at tee Amm B - Role 2 at fairway ACHUS 0.46 (surveyed) Area C • Hoic 5 Aran D - HQ6 10 & 18 - 6.72 (surveyed) 1.23 (surveyed) Area D1 - littoral shelf Me Rojo 10 1.05 (Surveyed) 0.21 (estimator!) Area E - littoral shelf lake Hole 3 Area, P - littoral shelf lake Bole g 0.34 (estimated) Area a - littoral shelf lak Hula 12 A 0.35 (cstimaW) 0.36 (estimated) rea 01 - above lake at Hole 12 A P 0.65 (estlrnFtted) rea. -1 - a4facont to lalio Bole 3 0.18 (surveyed) Total 5.55 The tablo retlccts the existing Surveyed figures for Areas A, A, C, D and BI, and rstinaatted figures far the bales= of the areas. Area El is l11 addition to tho figures yttu grovlQed in the summary table, Area 01 is expended cotssideMbly from the surveyed figure that you provided M8. Littoral shelf arms 8, F, D1 and G era my most recent esumates, which do not agree with the figures that you Provided in the summary table. As we discussed with the addition of Arsa BI (ox WITS 0.18 acres forested wetland) and the expansion of Area Q 1, the required 5.5 acres can be achieved. Obviously the amount of wetland creation in the littoral shelves is an estimate at this time regardless of which figun s we use. A more amurate elstimata can be obtained this spring during the wetland planting. P.O. Box 107; Summerville, X 29484 (809) 877.5383 P.O. I50x 176 Statatboro, OA 30458 (912) 842-9116 IM002 R-9c?? 01-26-95 04:02pu ?002 #21 .ate of North Carolina iepartment of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director A41or. ? [D F= F1 May 24, 1996 Duplin County DEM Project # 92689 Project No. 960 APPROVAL of 401 Water Quality Certification Mr. George Briggs UNC Asheville N. C. Arboretum P.O. Box 6617 Asheville, NC 28816-6617 Dear Mr. Briggs: Your application to place fill material in 0.38 acres of wetlands or waters for the purpose of constructing a road at N.C. Arboretum Roadway Access Improvement Plan, as you described in your application dated 15 May 1996. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Numbers 2733 and 2671. These certifications allow you to use Nationwide Permit Numbers 18 and 26 when they are issued by the Corps of Engineers. . This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. For this approval to be valid, you must follow the conditions listed in the attached certification. In addition, you should get any other federal, state or local permits before you go ahead with your project. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Environmental Management under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733- 1786. Sincerely, 4Ho Jr. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office Asheville DEM Regional Office Mr. John Dorney Central Files April Horowitz; Barrett Kays and Associates 926891tr Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper Environmental Sciences ® Barrett Kays & Associates lv May 15, 1996 Mr. David Baker US Army Corps of Engineers- Asheville Office 151 Patton Avenue, Room 143 Asheville, NC 28801-5006 RE: Project No. 9605007 Dear Mr. Baker: r Barrett Kays and Associates, P.A. as agents for North Carolina Arboretum (P.O. Box 6617, Asheville, NC, 28816-6617), request reauthorization of Nationwide Permits 18 and 26 (Action I.D. 199300627) for wetland areas shown on the attached North Carolina Arboretum Roadway Access Improvement Plan. By copy of this letter, we are also requesting NCDEHNR-DEM, Water Quality Section (attn: Mr. John Dorney) to reissue its 401 Water Quality Certification of this project (DEM I.D. 92689). The purpose of the project is to improve access of an existing road from NC Highway 191 and Blue Ridge Parkway to the North Carolina Arboretum's facilities. The project will consist of construction of a single bridge system, constructed as per NCDOT regulations, which will span Bent Creek from high ground to high ground. A portion of the new roadway will cross Wesley Branch Creek (headwaters) and the crossing will be culverted. Some of the stormwater discharge outlets associated with the roadway may terminate in Waters of the United States (see attached maps) as allowed by NWP 18. Total impacts to Waters of the United States, including wetlands, will be less than one acre. This project was a previously permitted activity (Action ID 199300627) under Nationwide Permits 26 and 18, although the permits expired December 29, 1994. We are now requesting reauthorization of Nationwide Permits 26 and 18. As per the original permit, approximately 0.38 acres of wetlands will be filled in conjunction with roadway widening along the floodplain of Bent Creek, a culverted road crossing will occur across Wesley Branch, and several stormwater outlet structures would involve the discharge of a total of 9.4 cubic yards of clean washed stone below the plane of ordinary high water in Bent Creek. Work on this project is tentatively scheduled to begin Summer 1996. The State Construction Office needs to obtain authorization of these approvals within the next 30 days in order to complete the planning stage. h:\client\ncazb\9605007\corresp\corext\rb.doc 224 FAY E T T E V I L L E STREET MALL SUITE 100, P.O. BOX 2979 RALEIGH, NORTH CAROLINA 27602-2979 Civil Engineering Environmental Engineering Planning Landscape Architecture TELEPHONE 919 828-1903 FACSIMILE 919 828-0365 ® Barrett Kays & Associates All review agencies were consulted on COE regulations and regional conditions in 1992. Included in the pre-project consultation were U.S. Fish and Wildlife Service, State Historic Preservation Office, Natural Heritage Program, and the Wildlife Resources Commission. Terrestrial and aquatic surveys were conducted for endangered and threatened species. The surface waters located in the project area are classified as Class "C" with no supplemental classification. This project has undergone NEPA Environmental Assessment and FONSI preparation. The Final EA was signed by NCDOT, Federal Highway Administration, and the NC Arboretum (Fed I.D.: STP-1302 (19) on 1/3/96. A 401 Water Quality certificate was issued by NCDEM for these impacts on 1/4/93 (copy attached). We are enclosing a wetland delineation, wetland data forms, a letter of concurrence with the wetland delineation, site plans, a topographic quad of the site, the prior 401 certification, and a copy of the original permit that was issued. If you should need further information, please contact me at (919) 828-1903. Thank you in advance for your prompt attention to this request. Sincerely, BARRETT KAYS & ASSOCIATES, P.A. alv;?11,1?eA,PW t April Horowitz Environmental Scientist ATTACHMENTS -concurrence letter. -delineation maps and data forms. -prior 401 certification. -prior NWP authorization with maps. cc: Mr. Jim Spangler, Project Manager Mr. Carl Simmons, Project Engineer Mr. Jay Smith, O'Brien-Atkins Mr. George Briggs, NC Arboretum h:\client\ncarb\9605007\corresp\corext\rb.doc DATA FORM 1 WETLAND DETERMINATION CLIENT NAME: University of North Carolina 9112005 PROJECT NAME: North Carolina Arboretum CITY: Ashville COUNTY: Buncombe STATE: N.C. DATE: 5/12/92 PLOT #: 1 Vegetation [list the three dominant species in each vegetation layer (5 if only 1 or 2 layers)]. Indicate species with observed morphological or known physiological adaptations with an asterisk. Indicator Trees Status Herbs 1. Acer rubrum PAC 7. 2. Ulmus americana 3. Robina pseudoacacia Saplings/shrubs 4. Acer rubrum FACW 8. PAC 9. Woody vines PAC 10. Smilax rotundifolia PAC 5. Robina pseudoacacia PAC 11. Lonicera japonica FAC- 6. 12. of species that are OBL, FACW, and/or PAC: 86 Other indicators: none Hydrophytic vegetation: Yes X No Basis: taxonomy - Soil Series: Nikwasi On hydric soils list: Y N X Mottled: Y X N Color: 10YR7/8 Matrix color: 10YR6/1 Gleyed: Y X N Other indicators: none Hydric soils: Y X N ; Basis: soil color & mottles within 18" Plot O1 Page 2 November 1992 Hydrology Inundated: Y X N Depth to standing water: surface Saturated soils: Y X N . Depth to saturated soil: surface other indicators: silt marks on trees water stained leaves Wetland Hydrology: Y X N Basis: observation, vegetation Atypical situation: Y N -X Normal Circumstances: Y X N Wetland Determination: Wetland: X Non Wetland: Comments Surface hydrology evident. Area inundated at time of inspection. Determined by: T.J. PAPPAS / BRENT FEWELL Checked by: Jim Spangler w,w DATA FORM 1 WETLAND DETERMINATION CLIENT NAME:_ University of North Carolina 9112005 PROJECT NAME: North Carolina Arboretum CITY: Ashville COUNTY: Buncombe STATE: N.C. DATE: 5/12/92 PLOT 2 Vegetation [list the three dominant species in each vegetation layer (5 if only 1 or 2 layers)]. Indicate species with observed morphological or known physiological adaptations with an asterisk. Indicator Trees Status Herbs 1. Liriodendron tulipifera FAC 7. 2. Acer rubrum FAC 8. 3. 9. Saplings/shrubs Woody vines 4. Fraxinus caroliniana OBL 10. Smilax rotundifolia FAC 5. Liquidambar styraciflua FAC+ 11. 6. Liriodendron tulipifera FAC 12. of species that are~OBL, FACW,`and/or FAC: 100 Other indicators: none Hydrophytic vegetation: Yes X No Basis: taxonomy . Soil Series: Tate On hydric soils list: Y N X Mottled: Y N X , Color: ; Matrix color: 10YR5/4 Gleyed: Y N X Other indicators: none Hydric soils: Y N X ; Basis: soil color from surface to 18" Plot #2 Page 2 November 1992 Hydrology Inundated: Y N X Depth to standing water: 18" Saturated soils: Y N X-. Depth to saturated soil: 18" Other indicators: no hydrology indicators Wetland Hydrology: Y N X Basis: 1987 Wetland Manual Atypical situation: Y N X Normal Circumstances: Y X N Wetland Determination: Wetland: Non Wetland: X Comments: No evidence of surface hydrology. Determined by: T.J. PAPPAS / BRENT FEWELL Checked by: Jim Spangler DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 uNsEPLYFEFMTO December 29, 1992 Regulatory Branch Action ID. 199300627 -- Nationwide Permit Numbers 26 (Headwaters and Isolated Waters) and :.8 (Minor Discharges) University of North Carolina North Carolina Arboretum Mr. George Briggs, Director Post Office Box 6617 Asheville, North Carolina 28816-6617 Dear Mr. Briggs: Reference your application of November 23, 1992, for Department of the Army authorization to discharge fill material into Bent Creek, Wesley Branch and isolated wetlands in conjunction with the construction of an improved access to the NC Arboretum's Education Center in Asheville, Buncombe County, North Carolina. The access will extend from NC Highway 191 and the Blue Ridge Parkway to the facility. The project has been reviewed by the NC wildlife Resources Commission (WRC), and the US Fish and Wildlife Service (USFWS). Approximately 0.38 acres of wetlands will be filled in conjunction with roadway widening along the floodplain df Bent Creek. A culverted road crossing will be required across Wesley Branch. Several stormwater outlet structures will involve the discharge of a total of 9.4 cubic yards of clean washed stone below the plane of ordinary high water in Bent Creek. = For the purposes of the U.S. Army Corps of Engineers' Regulatory Program, Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the Federal Register on November 22, 1991, lists nationwide permits. Authorization was provided, pursuant to Section 404 of the Clean Water Act, for discharges of dredged or fill material into headwaters and isolated waters provided: a. the discharge does not cause the loss of more than 10 acres of waters of the United States; b. the permittee notifies the District Engineer if the discharge would cause the loss of waters of the United States greater than one acre in accordance with the "Notification" general condition. For discharges in special aquatic sites, including wetlands, the notification must also include a delineation of affected specific aquatic sites, including wetlands; and JAN 4 1993 -2- c. the discharge, including all attendant features, both temporary and permanent, is part of a single and complete project. Authorization, pursuant to Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act, was provided for discharges of dredged or fill material into all waters of the United States provided: a. The discharge does not exceed 25 cubic yards; b. The discharge will not cause the loss of more than 1/10 acre of a special aquatic site, including wetlands. For the purposes of this nationwide permit, the acreage limitation includes the filled area plus special aquatic sites that are adversely affected by flooding and special aquatic sites that are drained so that they would no longer be a water of the United States as a result of the project; C. If the discharge exceeds 10 cubic yards or the discharge is in a special aquatic site, including wetlands, the permittee notifies the District Engineer in accordance with the "Notification" general condition. For discharges in special aquatic sites, including wetlands, the notification must also include a delineation of affected special aquatic sites, including wetlands' and; d. The discharge, including all attendant features, both temporary and permanent, is part of a single and complete project and is not placed for the purpose of stream diversion. Your work is authorized by these nationwide permits provided it is accomplished in strict accordance with the enclosed conditions, and those outlined in the attached December 15, 1992 WRC letter. This nationwide permit does not relieve you of the responsibility to obtain any required State or local approval. Information regarding issuance of a Section 401 water Quality Certification may be obtained through John Dorney, Division of Environmental Management, at (919) 733-1786. This verification will be valid for 2 years from the date of this letter unless the nationwide authorization is modified, reissued, or revoked. Also, this verification will remain valid for the 2 years if, during that period, the nationwide permit authorization is reissued without modification or the activity complies with any subsequent modification of the nationwide permit authorization. If during the 2 years, the nationwide permit authorization expires or is suspended or revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit will remain authorized provided the activity is completed within 12 months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend, or revoke the authorization. -3Nn H?1dW =1 z \\ ?\ a o \ ?x z \ (n U 1 w_ O o W ~ C) oz Q: D mo I w? O (_.? _r F- z W m m z LLLJ ?ZL.1 o? J Q v C, Ol r Q CK =1 ?II 1 ):a Y c o- cn (4 ?Q fkf LL" m z Q ? o 0 ` T- Z u 1KK l ? Q O Q z `i Of N O0 a LJ-000 o z ¢ 0 ? k o ct U- v? z? ow QO W En t-QZcrcn \ o l w - w cn x W?- QOwZ? 0 U j I mo 2 ' I z j 0 z o 9 00 3 3N1, µ?1dW . I I ?? Y?? i ?' •DeUtuood Lake ortng lam Si ./ `ti ?( &` ' , • )? SGAU NXTIONAI, 'N` ' 9 REST PISGAH VLDLIFE " . a MANAGERF14T AREA S ranch ??? ) j:. le 1S7 ?p Beni Creek Ranch Last\ ? °`T' a? : Benl C r'elk C* ?Q; h^ Bent 're?w „ j Q , flH fv? 'e- -a . „a LR 6.'0. PISGAH WILDLIFE ; j kRE:azsc -- r r.- - eo8Ma = RENT <:R-RESK XA1?It[TAf FOREST + 02^- % '.:r i ate` h?? J$M RCK 1 q ! v r i J?'\ I \ \ ,/ 47 Lemo O-erf?ake •I?, ?r ?E ? ?_, ?s ? kit l is/?_ '`??; ?\;,??. ,1. l? A ?O it. s m , u VICINITY SITE MAP BARRETT KAYS & ASSOCIATES, P. A. Civil Engineering / Environmental SOURCE: USGS MINUTE TOPOGRAPHIC Engineering / Environmental Assessment QUADRANGLE ASHVILLE & 904 Eelst Jones SUvet / fib, North Carolina 876M SKYtAND, NORTH CAROLINA. die-828-1903 y of o - aw. 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 January 4, 1993 George Briggs UNC North Carolina Arboretum Post Office Box 6617 Asheville, North Carolina 28816-6617 Dear Mr. Briggs: Subject: Proposed Fill in Wetlands or Waters Access Road Buncombe County DEM Project * 92689 A. Preston Howard, Jr., P.E. Acting Director f* 199-. ,1441 9 Upon review of your request for Water Quality Certification to place fill material in 0.38 acres of wetlands or waters for road widening located at N.C. Arboretum in Buncombe County, we have determined that the proposed fill can be covered by General Water Quality Certification No. 2675 issued January 21, 1992. A copy of the.General Certification is attached. This Certification may be used in qualifying for coverage under Corps of Engineers' General Permit No. 031. If you have any questions, please contact John Dorney at 919/733-1786. Sincerely, reston Howard, Jr P.E. APH:JD Attachment V CC: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office Asheville DEM Regional Office Mr. John Dorney Central Files REGIONALOFTICEs Asheville Bren?etF_g19p_11; hiB&rszitt Katysigland Ass 4t:es Wilmington Winston-Salem 704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 9191395-3900 919/896-7007 Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affnmadve Action Employer State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director E:) F= F11 December 21, 1995 Mr. John Grimes Hobbs, Upchurch and Associates P.O. Box 1737 Southern Pines, NC 28388 Dear Mr. Grimes: Re: South of the Border restoration, Robeson County, DEM # 94713, COE # 199400653 Thank you for your letter of 10 October 1995 and fax dated 30 November 1995. The plan as outlined to restore the hydrology and topography of the site is acceptable to DEM. I apologize for th,- tardiness of my response. Please call me at 919-733-1786 if you have any questions. Sincerely, J R. Dorney E vironmental Supervis cc: Fayetteville DEM Regional Office Corps of Engineers Wilmington District, Emmie Jahuke Dr. Jay Carter Central Files P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper a HOBBS, UPCHUR.CH & ASSOCIATES, PA CONSULTWO ENCxMEW F.O. BOX 1737, 290 S.W. BROAD STREET 9OUTT1ERN PINES, NORTH CAROLYIttA 28387 PH: 910/692-5616 PAX 910/6924795 / 7342 DATE 30-Nov-95 TIldE 1:17 PM NU1 MM OF PAGES (INCLUDING COVER SHEET) PLEASE DF. WA R TO: 6 NAME John Dorney COMPANY DEM FAX No. 919-733-9959 REFFAMCE Scher Flood Study HUA No. SB9401-COR South of the Border, SC - Dillon Counter _ _ MESSAGE Per our telephone coavoersabon today,, please find enclosed the October 10, 199S Ietter to Mr. Daniel Lewis. Please rmetrr and respond. Thank You Very much for your cooperation with this 1 XMAceceAspreudab*9 lTbx199MlNGV30X 8 I11AMS 1:17 PU I 'd SEW Z69 O L6 00SSb/FMr H0dn 'SERIH W0ZH Wd5 l ° Z 5661-0£- l l 1 Hobbs, Up6hurch & Assaciates, P.A. Consulting Engineers .. 290 S.W. Bread Street • Post Oft Box 1737 • SOUd1er11 Pules, NC 28386 October 10, 1995 Mr. Daniel Lewis The Schafer Corporation South of the Border PO Box 1328 Dillon, South Carolina 29536 RE: Schafer Flood Study South of the Border, SC - Dillon County HUA No. S139401 - 0017 Dear Mr. Lewis: Reference is made to our telephone conversation last weep regarding the above referonced project. I rccently spoke with Mr. Dennis Shaekleford of the NC Department of Environm=4 Health and Natural Resources (NC-DEHNR), Land Quality, Section - Fayetteville Regional Office about the erosion control requirements for the proposed land disturbing activities Mr. Shaekleford informed me that an erosion control permit will not be required as tong as the total area of land disturbance, abc we normal water level of the swamp, is less than one (1) acre. He elaborated that since the work will primarily involve regrading of soil beneath the normal water level of the swamp, an erosion control permit would not be needed. Please end cnclosed at Construction Sequence for performing the work as outlined in Item 2, including removal or plugging of the pipe in Item 1, of the February 24,1995 letter (copy attached) from Dr. Jay Carter to Mr. Ernic Jahnke, US Army Corps of Irngineeis and Mr. John Dorney of the NC Division of Environmental Management (DEM). Hobbs, Upchurch & Associates, P.A. believes that the Construction Sequence will satisfy Corp and DEM wetlands concerns for this project, as well as the hydraulic concerns of NC Department of Transportation (NCDOT) and the erosion control cdnccrns of NC-DEHNR, Land Quality Section - Fayetteville Regional Office. So OMM S, NC TetepfMM 910 92.5616 Fax 9104W-7342 WWW-Salem, NC • Telephone 910.7593009 • Fax 910.759.7590 Myrtle Beach, SC • Tetepwe 800626.1910 • Fax 8M M1746 Z 'd 8ZOZ Z69 O L6 00SSV/H--'ZnH0dl 'S880H t' MW WdS L ' Z S66 t-OS- L t Mr_ Daniel Lewis October 10, 1995 Page 2 By copy of this letter to the Corps, DEM, NCDOT, and NC-DEHNR, Land Quality Section -Fayetteville Regional Office, they are requested to respond if any problems or concerns are foreseen regarding the work as outlined in the Construction Sequence and this letter. If you should have questions or nerd any additional information, please do not hesitate to call. Sincerely, HOBBS, UPCHURCH & ASSOCIATES, p,A. John Thomas Grimes, P.E, ITG/eh Enclosures cc: Mr. Ernie Jahnke, Corps of Engineers Mr. John Dorney, DEM Mr. Dave Henderson, P.E., NCDOT, Hydraulics Division Mr. Dennis Shackleford, NGDEHNR, Land Quality Section Dr. Jay Garter Mr. William McLean Mr. Amos Dawson E "d SZOZ Z69 016 30SSV/H0Z-IH3dI 'S88DH igo8A Wd9 L ° Z 5661-0E- t l CONSTRUCTION SEQUENCE Schafer Flood Study South of the Border, SC - Dillon County A No- SB 1 1. Remove the entire dam lorated just upstream of Interstate-95. a. Begin excavation work at the existing concrete spillway. b. The existing concrete spillway shall remain in place. C. A typical breach section consisting of riprap well NM be installed Since removal of the earthen dam, excluding the concrete spillway, should provide adequate storznwater discharge capabilities, . d. Place spoil of excavation work along the lake bed shoulders such that approximately 1 to 2 feet of normal water depth is achieved, 2. Remove the entire carthen dike, located just downstream of state Road 2494. place. Spoil of excavation work along the lake, bed shoulders such that approximately I to 2 feet of normal water depth is achieved. 3. Grade the fields at the north and south ends of the lake at as minima] a slope into the lake as possible. 4. Remove the large corrugated metal pipe OR plug both ends of the pipe. 5. Seed and mulch all disturbed areas of construction that exist above normal water level, including construction aocM roads, 11'd 8303 369 0 L6 OOSSV/HOkrV-IOdI 'S880H I)MW M91:3 S661-06-It sr•- ? . J.H. CARTER III & ASS0011ATES Bovironmental Consultants P.O. Box 891. Southern Pines, N.C. 28388 19101695-1043 RECENEn MAR - 3 V5 February 24, 1995 ff?04- t2 q5 Mr. Ernie Jahnke Wilmington District Corps of Engineers P.O. Box 1890 Wilmington, NC 28402 1V1r'. John Dorney N. C. Division of Environmental Management 4401 Reedy Creek Road Raleigh, NC 27607 Dear Sirs: This letter presents the proposals of the Schafer Company, Tor. to close the alter-thc-fact wetlands permit file (Action ID No. 199400653) for a small pond site in extreme, southern Robeson County, N.C. These proposals are based on discussions between the Corps, DEM, and consultants and representatives of the Schafer Company held onsite on 13 February 1995. 1. The Schafer Company will immediately lower the water level in the pond as low as possible with the emisting water control structure. The dam win then be breached to the north of the concrete water control structure. The breach will be 50-65 feet wide at the top, and lined with riprap from the level of the channel bottom to approximately 7 feet above. The resulting spoil will be placed into the pond. The water control structure will be left in place, as will the large pipe in the pond. The pipe will be breached and/or plugged. The earthen dike west of State Road 2494 will be breached, and the spoil will be, placed into the pond. After the water level is reduced to the maximum extent, the, Corps and DEM will inspect the site. The site will be allowed to ravcgctate naturally. 2. If necessary, the remainder of the earthen dam will be removed and the spoil placed into the pond. The fields at the north and south ends of the pond will be graded into the pond at as minimal a slope as possible. The site will be allowed to revegetate naturally. Huidar:s creel Six-des Surveys • Environmental Assessments • band Management . Wetbuds NSeprine and Permitting 5 'd 8Z0Z Z69 0 L6 30SSd/t-0"3dn 'S88oH WMW WdL l : Z 5661-08- l L 3. If natural revegetation is insufficient, the margin of the pond. and exposed spoil within the pond site will be planted with bald cypress (T'atroeu n &giclium) and water tupelo (Nyssa agv4ded). A revegetation plan will be prepared and submitted to the agencies for review once the planting area is agreed upon. Upon request, a monitoring plan will be included in the revegetation plan. Based upon discussions on 13 February 1995, we understand that neither the Carps of Engineers nor the State will require any fill to be brought from offshe to restore the elevation in the pond. The Schafer Company's willingness to perform the above described tasks is expressly based on this undertaking. Sincerely, Dr. J. Carter III President, JCA Incorporated cc: Amos Dawson 3 T. Grimes, HUA William McLean Danny Lewis 9'd 8ZOZ Z69 0 L 6 OOSSWHOW HOdn 'S880H L' dU WdL L = Z S66 L -0€- L L Hobbs, Upchurch & Associates, P.A. Consulting Engineers 290 S.W. Broad Street • Post Office Box 1737 • Southern Pines, NC 28388 RFC F/OFD ac1I99 October 10, 1995 ???R?NNTgt Sc?E S d? ' NcFs Mr. Daniel Lewis The Schafer Corporation South of the Border PO Box 1328 Dillon, South Carolina 29536 RE: Schafer Flood Study `s South of the Border, SC- i-llon County HUA No. SB9401 - COR Dear Mr. Lewis: Reference is made to our telephone conversation last week regarding the above referenced project. I recently spoke with Mr. Dennis Shackleford of the NC Department of Environment, Health and Natural Resources (NC-DEHNR), Land Quality Section - Fayetteville Regional Office about the erosion control requirements for the proposed land disturbing activities. Mr. Shackleford informed me that an erosion control permit will not be required as long as the total area of land disturbance, above normal water level of the swamp, is less than one (1) acre. He elaborated that since the work will primarily involve regrading of soil beneath the normal water level of the swamp, an erosion control permit would not be needed. Please find enclosed a Construction Sequence for performing the work as outlined in Item 2, including removal or plugging of the pipe in Item 1, of the February 24, 1995 letter (copy attached) from Dr. Jay Carter to Mr. Ernie Jahnke, US Army Corps of Engineers and Mr. John Dorney of the NC Division of Environmental Management (DEM). Hobbs, Upchurch & Associates, P.A. believes that the Construction Sequence will satisfy Corps and DEM wetlands concerns for this project, as well as the hydraulic concerns of NC Department of Transportation (NCDOT) and the erosion control concerns of NC-DEHNR, Land Quality Section - Fayetteville Regional Office. Southern Pines, NC Telephone 910-692-5616 Fax 910-692-7342 Winston-Salem, NC Telephone 910-759-3009 Fax 910-759-7590 Myrtle Beach, SC Telephone 803-626-1910 Fax 803-626-1745 Mr. Daniel Lewis October 10, 1995 Page 2 By copy of this letter to the Corps, DEM, NCDOT, and NC-DEHNR, Land Quality Section -Fayetteville Regional Office, they are requested to respond if any problems or concerns are foreseen regarding the work as outlined in the Construction Sequence and this letter. If you should have questions or need any additional information, please do not hesitate to call. Sincerely, HOBBS, UPCHURCH & ASSOCIATES, P.A. John Thomas Grimes, P.E. JTG/ejj Enclosures cc: r. Ernie Jahnke Cor s of Engineers .1 7 Mr. Dave Henderson, P.E., NCDOT, Hydraulics Division Mr. Dennis Shackleford, NC-DEHNR, Land Quality Section Dr. Jay Carter Mr. William McLean Mr. Amos Dawson CONSTRUCTION SEQUENCE Schafer Flood Study South of the Border, SC - Dillon County HUA No. SB9401 1. Remove the entire dam located just upstream of Interstate-95. a. Begin excavation work at the existing concrete spillway. b. The existing concrete spillway shall remain in place. C. A typical breach section consisting of riprap will NOT be installed since removal of the earthen dam, excluding the concrete spillway, should provide adequate stormwater discharge capabilities. d. Place spoil of excavation work along the lake bed shoulders such that approximately 1 to 2 feet of normal water depth is achieved. 2. Remove the entire earthen dike located just downstream of State Road 2494. Place spoil of excavation work along the lake bed shoulders such that approximately 1 to 2 feet of normal water depth is achieved. 3. Grade the fields at the north and south ends of the lake at as minimal a slope into the lake as possible. 4. Remove the large corrugated metal pipe OR plug both ends of the pipe. 5. Seed and mulch all disturbed areas of construction that exist above normal water level, including construction access roads. i IVA ywwl - DR. J.H. CARTER III & ASSOCIATES Environmental Consultants P.O. Box 891 • Southern Pines, N.C. 28388 X9101 695-1043 RECEIVED MAR - 3 1995 February 24, 1995 >6o4-MA.2-95 3SM401 cop, Mr. Ernie Jahnke Wilmington District Corps of Engineers P.O. Box 1890 Wilmington, NC 28402 Mr. John Dorney N. C. Division of Environmental Management 4401 Reedy Creek Road Raleigh, NC 27607 Dear Sirs: This letter presents the proposals of the Schafer Company, Inc. to close the after-the-fact wetlands permit file (Action ID. No. 199400653) for a small pond site in extreme southern Robeson County, N.C. These proposals are based on discussions between the Corps, DEM, and consultants and representatives of the Schafer Company held onsite on 13 February 1995. 1. The Schafer Company will immediately lower the water level in the pond as low as possible with the existing water control structure. The dam will then be breached to the north of the concrete water control structure. The breach will be 50-65 feet wide at the top, and lined with riprap from the level of the channel bottom to approximately 7 feet above. The resulting spoil will be placed into the pond. The water control structure will be left in place, as will the large pipe in the pond. The pipe will be breached and/or plugged. The earthen dike west of State Road 2494 will be breached, and the spoil will be placed into the pond. After the water level is reduced to the maximum extent, the Corps and DEM will inspect the site. The site will be allowed to revegetate naturally. 2. If necessary, the remainder of the earthen dam will be removed and the spoil placed into the pond. The fields at the north and south ends of the pond will be graded into the pond at as minimal a slope as possible. The site will be allowed to revegetate naturally. F.ndanizered Species Surveys • Environmental Assessments • Land Management • Wetlands Mapping and Permitting -/ , . . - I 3. If natural revegetation is insufficient, the margin of the pond and exposed spoil within the pond site will be planted with bald cypress (Taxodium disticlium) and water tupelo (Nyssa aquatica). A revegetation plan will be prepared and submitted to the agencies for review once the planting area is agreed upon. Upon request, a monitoring plan will be included in the revegetation plan. Based upon discussions on 13 February 1995, we understand that neither the Corps of Engineers nor the State will require any fill to be brought from offsite to restore the elevation in the pond. The Schafer Company's willingness to perform the above described tasks is expressly based on this undertaking. Sincerely, Dr. J. H. Carter III President, JCA Incorporated cc: Amos Dawson J. T. Grimes, HUA William McLean Danny Lewis DAMES & MOORE - N. C. A NORTH CAROLINA GENERAL PARTNERSHIP 5301 77 CENTER DRIVE, SUITE 41, CHARLOTTE, NORTH CAROLINA 28217 (704) 522-0330 FAX: (704) 522-0063 RECEIVED February 3, 1995 FEB 1 31995 ENVIRONMENTAL SCIENCES RRnnirN State of North Carolina Department of Environment, Health, and Natural Resources PO Box 29535 Raleigh, NC 27626 Attention: Mr. John R. Dorney Re: Whitehall Ltd Project DEM #94604 Mecklenburg County Dear Mr. Dorney: In response to your letter dated January 20, 1995, regarding the Whitehall Limited Partnership's ("Whitehall's") proposal for conditions to meet 401 Water Quality Certification for the Whitehall Development Project, I have revised Item 7 of the "Proposed water quality assurance measures & stormwater runoff controls". In an attempt to alleviate your concerns over the wooded wetlands impacts to the areas around Moody Lake, Whitehall is committed to constructing forebays in Moody Lake which will not adversely impact the wooded wetlands adjacent to Moody Lake. Whitehall proposes constructing the forebays in locations in Moody Lake which are downstream from the wetlands as indicated in Figure 2 of Whitehall's revised proposal. If I can be of further assistance please call me at (704) 522-0330. Sincerely, DAMES & MOORE - N.C. Paul D. Christiano, P.E. Project Engineer PDC/jjh cc: Ms. Jill B. Hickey Mr. James E. Merrifield Mr. Richard C. Gaskins Ms. Virginia C. McGee pdc/jjh/CLT - b:\Whi[eha1.1tr/PDC2;BU37 WHITEHALL PROJECT REVISED PROPOSED WATER QUALITY ASSURANCE MEASURES & STORMWATER RUNOFF CONTROLS February 3, 1995 Whitehall Limited Partnership ("Whitehall") submits this proposal for Section 401 certification for Project #94604, the Whitehall Development Project (the "Project"). This proposal addresses control of stormwater runoff for the Project and protection of the water quality of Johnston Lake and Moody Lake. There will be approximately 97 acres of impervious surface (75% of 130 acres), that will drain to Moody Lake and approximately 100 acres of impervious surface (75% of 133 acres) that will drain to Johnston Lake associated with the Whitehall project. As summarized below, Whitehall proposes using a combination of measures to control stormwater runoff from these areas including forebays, wet detention basins, dry sediment basins, checkdams, dry stormwater detention basins, buffer areas and wetlands. These measures will protect the water quality of Johnston Lake and Moody Lake by removing suspended solids, nutrients and other pollutants, reducing the water velocity of stormwater runoff, reducing peak runoff rates, and controlling downstream erosion. Additionally, Whitehall recognizes that some areas of the Project do not drain naturally into Johnston Lake or Moody Lake. Whitehall proposes using wet detention basins for these areas. The specific measures for stormwater runoff control and protection of water quality are as follows: 1. Each tract of land sold on this property will have a sediment trap, installed by the buyer. Each trap will be sized with a volume of 1,800 cubic feet for each acre of disturbed land, and maintained in accordance with the North Carolina Erosion and Sediment Control, DAMES & MOORE Planning and Design Manual, dated May 1994, as referenced in Section 1.5 of the Charlotte- Mecklenburg Stormwater Design Manual, dated July 8, 1993. A sediment trap will protect the water quality of Johnston Lake and Moody Lake by collecting suspended solids and nutrients and reducing flow rates and velocity of stormwater runoff. Sediment traps will be maintained until each respective tract of land is stabilized with vegetation or other means. 2. A rip-rap checkdam will be placed on the downstream side of each stormwater culvert installed under the proposed I-485 Outer Loop. The rip-rap checkdams will be sized to reduce stormwater velocity to below the erosive velocity of the downstream channel system in accordance with Section 8.3.1 of the Charlotte-Mecklenburg Stormwater Design Manual. Checkdams constructed with rip-rap will also be placed along other defined drainage features which drain into either lake. The checkdams will protect the water quality of Johnston Lake and Moody Lake by slowing the velocity of stormwater which will cause suspended solids and nutrients to settle before they reach the lakes. 3. Each tract of land on the South side of proposed I-485 will contain a dry stormwater detention basin, installed by the property buyer. Each basin will be sized in accordance with the standards set out in the Charlotte-Mecklenburg Stormwater Design Manual at Section 7.3.2, such that the 10-year peak, post-development runoff rate will not exceed the 10-year peak, pre-development runoff rate (Q,o post-dev. < Q10 pre-dev.)• These basins will protect the water quality of both Johnston Lake and Moody Lake by collecting sediments and nutrients before they reach the lakes, and controlling the flow rate of stormwater runoff from peak storm events. 4. Each lake and adjacent wetland area will be surrounded by a 25-foot development buffer. Development in these areas will be limited to low impact activities DAMES & MOORE including, but not limited to, pedestrian circulation, lake access and docks. No building or parking will be allowed in designated buffer areas. The buffer will protect the water quality of Johnston Lake and Moody Lake by trapping sediment and controlling erosion. 5. Water quality in each lake will be protected by a combination of wetland systems and forebays. Stormwater will flow through checkdams, into the wetland system, then into a forebay, and finally into each lake. Johnston Lake will have one forebay, and Moody Lake will have two forebays. Stormwater flow into each system will be slowed by checkdams to a velocity that will not be detrimental to the wetland systems receiving the runoff. The runoff will then flow into each respective forebay, and then into the lake. The forebays are proposed to be placed downstream of the wetland systems because of physical limitations created by the proposed I-485 outer loop right-of-way, especially in the case of Moody Lake. Placing the forebays downstream of the wetland systems allows more flexibility in sizing the forebay, without detracting from the visual size of each lake. 6. In Johnston Lake, the forebay is approximately 21% in size of the total surface area of the lake. The forebay will consist of a biofilter, submerged dam and littoral shelf. The biofilter will consist of a permanent water pool maintained at the same elevation as the lake, and temporary stormwater storage above the permanent pool. The littoral zone or aquatic bench will be planted with native aquatic plants. The biofilter will be a combination of a sedimentation sump and wetland area which are designed to improve the water quality of Johnston Lake by trapping sediment and absorbing nutrients. These biofilters will also help manage the "first flush" of runoff during a storm event which usually has a higher concentration of pollutants from impervious surfaces. The biofilter and littoral shelf will serve 3 DAMES & MOORE as protection and a buffer of the receiving waters of Johnston Lake. The forebay for Johnston Lake is shown on Figure 1. 7. In Moody Lake, the two forebays will be approximately 20% of the total surface area of the lake. The forebays will be constructed by placing submerged dams across the fingers of the lake. The approximate locations of the forebays are shown on Figure 2. The forebays will be constructed downstream of the wetland systems, such that the proposed area for each forebay can be achieved with out adversely impacting the existing wetland systems. Each forebay will protect the water quality of the lake by acting as a sediment sump which will trap sediment and nutrients before they reach the lake. 8. Johnston Lake, Moody Lake and the wetlands areas will be maintained by a property owners' association, which will be established at the time of the sale of the tracts containing Johnston Lake and Moody Lake. Purchasers will be required through covenants, conditions, and restrictions on the land to support the property owners' association activities. 9. Wet detention basins will be used to control stormwater runoff on areas that do not drain to either Johnston Lake or Moody Lake. 4 DAMES & MOORE i S\ oN ? z ' ?O EX ? / Q 000 Q Lb • • Z n Q Q Q M r O t\i M vi +1 +1 +1 w Z O N i J Q J Li Y Q ~ ] Z O w w Z J w J Q I O - O r w D 2 LL Z Q J a w: H J_ E _O CO J I- a w U O U U Q z a h ?. 1 t 1 Q a H yr l? 4 w ao >4H L1 E4 04 0u N £O a a OM H aO w aw CHARLOTTE D&M. TEL:704-522-0063 Jan 09°95 13:06 No .008.R.02 _* DAMES I1/ICORE - N.C. A NORTH CAROL! N a '' I.N 7P AL PARTNERSHIP 5301 77 CENTER DRIVE, SUITE 41, CHARLOTTE, NORTH CAROLINA 28217 ONO 522 03.3U FAX: i 744) 522-OW3 VIA FAX Mr. Scot H. Thomas Division of Environmental Managenumt Water Quality Planning 512 North Salisbury Street Raleigh, NC 27604 January 9, 1995 Re: Whitehall Limited Partnership 401 Certification Proposal Dear Mr. Thomas: Please substitute the attached proposal for the one received via UPS earlier today. This revision clarifies Whitehall's proposal with respect to Item 1. The language in the original proposal -may have been confusing relative to sediment basins and, sediment traps. Please call either myself at (704) 522-0330 or Ms. Virginia McGee of Petree Stockton - at (744) 338.5078 to obtain additional information, or discuss the proposals. Please be reminded, as was discussed in our meeting of Monday,_ December 19, 1994, Whitehall's proposal and the attachments, which are incorporated by reference, are confidential and for the purposes of informal settlement discussions only. Neither these materials nor the information contained in them may he used in any mmt m by the State of North Carolina, in any litigation or mediation process. We look forward to working toward a successful resolution of this matter. Sincerely, DAMES & MOORE - NC (a-Y? o Paul D. C•;hristiano, F.E. Project Engineer Enclosure cc: Mr. Len Rindner Ms. Jill B. Hickey (via fax) Mr. Marc A. Houle Mr. James E. Merrifield (via• fax) Mr. John R. Dorney (via fax) Mr. Richard C. Gaskins Ms. Virginia C. McGee DAMES & MOORE i I �, a S�l! l 7��bd g1 6W s` 1 FF, VL y� ��T f TAT 1 u i Ili x 1 l s` STYLE- CHARLOTTE,D&M TEL:704-522-0063 Jan 09'95 13:07 Nn.008 P.03 ViTITEIIALL PROJECT REVISED PROPOSED WA17ER QUALITY ASSURANCE MEASURES & STORMW7tTER RUNOFF C(MMOLS January!)-,1995 Whitehall Limited Partnersh4i ("Whitehall") submits this proposal for Section 401 certification for Project 494604, the Whitehall Development Project (the "Project"). This proposal addresses control of stormwater runoff for the Project and protection of the water quality of Johnston Lake and Moody Lake. There will be approximately 97 acres of impervious surface (75% of 130 acres), that will drain to Moody Lake and approximately 100 acres of impervious surface (75% of 1:33 acres) that will drain to Johnston Lake associated with the Whitehall project. As summarized below, Whitehall proposes using a combination of measures to control stormwater runoff from these areas including, forebays, wet detention basins, dry sediment basins, checkdams, dry stormwater * detention basins, buffer areas and wetlands. These measures will protect the water quality of Johnston Lake and Moody Lake by removing suspended solids, nutrients and other pollutants, reducing the water velocity of storm« ater runoff, reducing peak runoff rates, and controlling downstream erosion. Additionally, Whitehall recognizes that some areas of the Project do not drain naturally into Johnston Lake or Moody Lake. Whitehall proposes using -,vet detentiotr basins for these areas. The specific measures for stonnwater runoff control and protection of water quality are as follows: 1. Each tract of land sold on this property will have a sediment trap, installed by the buyer. Each trap will be sized with a volume of 1,800 cubic feet for each acre of disturbed ,nd, and maintai- I in accordance with the North Carolina Erosion and Sediment Control, ,ARLATTE a $M TEL : 704-5 '.-0063 Jan 09 ° 95 13:07 No. 008 P 04 ' Planning and Design Manual, dated Blay 1994, as referenud in Section 1.5 of the Charlotte- L- Mecklenburg Stormwater Design Manual, dated July 8, 1993. A sediment trapp will protect the water quality of Johnston Lake and Moody Lake by collecting suspended solids and nutrients and reducing flow rates and velocity of stormwater runoff. Sediment traps will be maintained until each respective tract of land is etabili7ed with vegitation or other means. 2. A rip-rap checkdam witl be placed on the downstream side of each stormwater Culvert installed under the proposed 1.485 Outer Loop. The rip-rap checkdarns will be sized to reduce stormwater velocity to below the erosive velocity of the downstream channel system in accordance with Section 8.3.1 of the Charlotte-Mecklenburg Stormwater Design Manual. Checkdams constructed with rip-rap will also be placed along other defined drainage features which drain into either lake. The checkdains will protect the water quality of Johnston Lake and Moody Lake by slowing the velocity of storniNvater which will cause suspended solids and nutrients to settle before they reach the lakes. 3. Each tract of land on-the South side of proposed I-485 will contain a dry stormwater detention basin, installed by the property buyer. Each basin will be sized in accordance with the standards set out is the Charlotte-Mecklenburg Stormwater Design Manual at Section 7.3.2, such that the 10-year peak, post-development runoff rate will not exceed the 10-year peak, pre-development runoff rate t;Qlo pov-de,. < Qto .). These basins will protect the water quality of both Johnston Lake and N-loody Lake by collecting sediments and nutrients before they reach the lakes, and controlling the flow rate of stormwater runoff from peak storm events. CHARLOTTE Il&M TEL : ,04-5221-0063 Jan 09 ' 95 13:08 No. 008 P-05 4. Each lake and adjacent wetland area will be surrounded by a 25-foot development buffer. Development In these areas Mll be limited to low impact activities including, but not limited to, pedestrian circulation, lake access and docks. No building or parking will be allowed in designated buffer areas. The buffer will protect the water quality of Johnston Lake and Moody Lake by trapping seditnent and controlling erosion. 5. Water quality in each lake will he protected by a combination of wetland systems and forebays. Stormwater will flow through checkdams, into the wetland system, then into a forebay, and finally into each lake. Johnston Lake will have one forebay, and Moody Lake will have two forebays. Stormwater. flow into each system will be slowed by checkdams to a velocity that will not be detrimental to the wetland systems riving the runoff. The runoff will then flow into each respective forebay, and then into the lake. The forebays are proposed to be placed downstream of the wetland systems because of physical limitations created by the proposed I-485 outer loop right-of--way, especially in the case of Moody Lake. Placing the forebays downstream of the wetland systems allows more flexibility in sizing the forebay, without detracting from the visual 9i2a of each lake. 6, In Johnston Lake, the fbrebay is approximately 21% in size of the total surface area of the lake. The forebay will coitsist of a biorilter, submerged dam and littoral shelf. The biofilter will consist of a permanent water pool maintained at the same elevation as the and temporary stormwater storage alcove the permanent pool. The littoral zone or aquatic bench will be planted with native a4uatic plants. The biofilter will be a combination of a sedimentation sump and wetland area which are designed to improve the water quality of Johnston Lake by trapping sediment and absorbing. nutrients, These biofilters will also help 3 018/97 TUE 13:53 FAX 910 396 1873 DPWE ADMIN OFC 0001 DIME A'YTN: AFZA-PW DP, Fort Bragg, NC 28307-5000 FAX M To; Mr. John Dorney DEHNR Phone: (919)733-1766 Fax phone: (919)733-9959 cc! Date: 03/18/97 Number of pages including cover sheet: From; Lance Locklear Environmental & Natcral Resources Division Phone: (910)396-6680 Fax phone: (910)396-3830 REMARKS; ? Urgent w For your review ? Reply ASAP ? Please comment SUBJECT! DWQ Project No. 960096 Water Quality Certifcati= Mr. Domey, I have learned through other Fort Bragg staffers that you never received the attached It was signed and notarized on 14 Nov and went out shortly afterwards (though embarrassingly, I have no copy of the signed cover letter). Please call me upon your return on Thursday so we can talk about this. Sincerely,. Lance Locklear __w-A 03418/97 TUE 13:53 FU 910 396 1873 DPWE ADNIN OFC DEPARTMENT OF THE ARMY HEADQUARTERS, XVIII AIRBORNE CORPS AND FORT BRAGG FORT BRAGG, NORTH CAROLINA 26307.5000 REPLY TO ATTENTION OF. Directorate of Public Works and Environment Mr. John Domey Division of Water Quality (DWQ) North Carolina Departmo-it of Environment, Health and Natural Resourecs 4401 Reedy Crock Road Raleigh, North Carolina 27607 Doan Mr. Dorney: 11002 '-p-on •?wii•mn S I am writing in response to your September 23rd letter regarding DWQ project 4960096 (ArrivaMeparture Airfield Control Group Staging Complex). As you requested, I have enclosed a pond maintenance plan whicb, wben executed, will keep us in compliance with stormwater regulations. If you bave questions, please contact Mr. Lance Locklear at (9) 0) 396-6680. Sincerely, Is,James R_ Hougnon Colonel, U.S. Army Director of Public Works and Environment 2nclosure 03118/97 TUE 13:59 FAA 910 396 1873 DPWE ADMIN OFC POND MAINTENANCE REQUIREMENT PROJECT NAME: ARRIVAL I DEPARTURE AIRFIELD CONTROL. GROUP STAGING COMPLEX PROJECT NUMBER: IN 040871 RESPONSIBLE PARTY: DIRECTORATE OF PUBLIC WORKS S AND ENVIRONMENT PHONE NUMBER. 910-396-5300 ADDRESS. FORT BRA.GG, NORTH CAROLINA 1. Inspect monthly, or after every runoff-producing rainfall event, whichever comes first. A. Check and clear the orifice of any obstructions. B. Check the pond side slopes; remove trash, repair eroded areas before the next rainfall event. C. Check the pond for sediment accumulation, erosion and proper operation of the flow spreader mechanism. Repair as necessary. 11. Quarterly IM 003 A. Inspect the collection system (i.c., catch basins, piping, grassed swales) for proper functioning. Clear accumulated trash from basins grates and basin bottoms, and check piping for obstructions. B. Check pond inlet pipes for undercutting, replace riprap, and repair broken pipes. C. Reseed grassed swales twice a year as necessary. Repair eroded areas immediately. III. Every 6 months A. Remove accumulated sediment from the bottom of the outlet structure. B. Check the depth at various points in the pond. If depth is reduced to 75% of original design depth, sediment will be removed to at least original design depth. IV. Gencral A. Mow the side slopes, not including normally submerged vegetated shelf, according to the season. Maximum grass height will be 6". B. Cattails, and other indigenous wetland plants, are encouraged along the pond perimeter; however, they must be removed when they cover the entire surface area of the pond. 03/18/97 TUE 13:54 F.4% 910 396 1873 DFWE ADMIN OFC IJ004 C. The orifice is designed to draw down the pond in 2-5 days. If draw down is not accomplisbed in that time, the system may be clogged. The source of the clogging must be found and eliminated. D. All components of the detention pond system must be kept in good working order. E. DEH at Fort Bragg is to required to have a portable pump on hand to be used to draw down the pond for emergency repairs to the outflow structure and pond maintenance. 1, JAMES R. RM=ON, COL, EN, DPWE _, hereby acknowledge that I am the financially responsible party for maintenance of this detention pond- I will perform the maintenance as outlined above, as part of the Certification Compliance yvith Stormwater Regulations received for this project. Date: 9J. I, ?. c a Notary Public for the State of Waal dl?r , County of do hereby ce ify that d?CX Starr personally appeared before me this /f/ day of Vv? r r , 19 74, and ackn ledge the due execut' f the fore in tnunent. Witness my hand and official seal, f? / , .._ SEAL v ff/ 'V"/ Par),( My comrr?ission expires o _ State of North Carolina Department of Environment, .41 0 Health and Natural Resources AT4 • g Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary E ?---' N FI A. Preston Howard, Jr., P.E., Director 12 March 1997 CERTIFIED MAIL - RETURN RECEIPT REQUESTED Mr. Keith Burr ° Chief, Site Development and Civil Engineering Section Dept. of the Army Savannah District, Corps of Engineers P.O. Box 889 Savannah, GA 31402-0889 Dear Mr. Burr, Re: 401 Certification approval Arrival/Departure Airfield Complex-Fort Bragg Cumberland County DWQ staff have reviewed your plans for the stormwater pond at the above mentioned facility. These plans are acceptable to meet the requirements of the 401 Water Quality Certification for this project once a signed Operation and Maintenance Agreement is received by DWQ. Until that agreement is received by our office, we cannot complete action on the 401 Certification. Please call me at 919-733-1786 if you have any questions. S' c e _ 1r Jo I n R. Dorn cc: Jeanette Powell; DWQ Stormwater Group Ken Averitte; Fayetteville Regional Office Central Files John Domey Division of Water Quality - Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper ?c?Pi ,??yx?tst?A tlwl Plb u rr" NORTH CAROLINA DIVISION OF WATER QUALITY WATER QUALITY SECTION February 21, 1997 MEMORANDUM TO: John Dorney FROM: Jeanette Powell THROUGH: Bradley Bennett e SUBJECT: Fort Bragg Phase I A/DACG Complex Wet Detention Basin Review The stormwater detention pond design for the subject project was reviewed in October of 1996. The pond should perform as an acceptable water quality control measure. Because this is a temporary structure, the requirement for a forebay has been waived. However, an executed Operation and Maintenance Agreement designating a responsible party must be received before the Stormwater Group can fully endorse the issuance of any permit for this structure. The design engineer indicated in October that Fort Bragg would not be responsive in providing the O&M information. In light of this and the non-response from Fort Bragg, I am hereby forwarding approval of the pond design for water quality control pending receipt of a comprehensive O&M agreement. Ilk'n pie ?NTq 9I .,,1 S "14i ?, DEPARTMENT OF THE ARMY SAVANNAH DISTRICT, CORPS OF ENGINEERS P.O. BOX 889 SAVANNAH, GEORGIA 31402-0889 REPLY TO 7 October 1996 ATTENTION OF: CESAS-EN-DG SUBJECT: Arrival/Departure Airfield Control Group Staging Complex, FY 96, LI 040871, Fort Bragg, North Carolina State of North Carolina Department of Environment,; Health and Natural Resources a Division of Water Quality P.O. Box 29535 = Raleigh, North Carolina 27626-0535 Dear Mr. Bennett, -i I have enclosed the requested detail information for the Wet Pond Design for the subject facility. The submittal includes drawings and design calculations. The Pond Maintenance Requirement document has been forwarded to DPWE at Fort Bragg, for their signature as the responsible party for maintenance of the detention pond. A copy of the signed document will be forwarded to you for your file. If you need further information and or need additional questions please contact, Mr. Keith D. Burr, Chief, Site Development and Civil Engineering Section (EN-DG) at telephone number 912-652-5323. Sincerely, K.?. OLI 1?(.l- Encls KEITH D. BURR, P.E. Chief, Site Development & Civil Engineering Section CF PM-MB/Martinez POND MAINTENANCE REQUIREMENT PROJECT NAME: ARRIVAL / DEPARTURE AIRFIELD CONTROL GROUP STAGING COMPLEX PROJECT NUMBER: PN 040871 RESPONSIBLE PARTY: DIRECTORATE OF PUBLIC WORKS AND ENVIRONMENT PHONE NUMBER: 910-396-5300 ADDRESS: FORT BRAGG, NORTH CAROLINA 1. Inspect monthly, or after every runoff-producing rainfall event, whichever comes first. A. Check and clear the orifice of any obstructions. B. Check the pond side slopes; remove trash, repair eroded areas before the next rainfall event. C. Check the pond for sediment accumulation, erosion and proper operation of the flow spreader mechanism. Repair as necessary. II. Quarterly A. Inspect the collection system (i.e., catch basins, piping, grassed swales) for proper functioning;, Clear accumulated trash from basins grates and basin bottoms, and check piping for obstructions. B. Check pond inlet pipes for undercutting, replace riprap, and repair broken pipes. C. Reseed grassed swales twice a year as necessary. Repair eroded areas immediately. III. Every 6 months A. Remove accumulated sediment from the bottom of the outlet structure. B. Check the depth at various points in the pond. If depth is reduced to 75% of original design depth, sediment will be removed to at least original design depth. IV. General A. Mow the side slopes, not including normally submerged vegetated shelf, according to the season. Maximum grass height will be 6". B. Cattails, and other indigenous wetland plants, are encouraged along the pond perimeter; however, they must be removed when they cover the entire surface area of the pond. C. The orifice is designed to draw down the pond in 2-5 days. If draw down is not accomplished in that time, the system may be clogged. The source of the clogging must be found and eliminated. D. All components of the detention pond system must be kept in good working order. I, , hereby acknowledge that I am the financially responsible party for maintenance of this detention pond. I will perform the maintenance as outlined above, as part of the Certification of Compliance with Stormwater Regulations received for this project. Signature: I, County of Date: a Notary Public for the State of , do hereby certify that personally appeared before me this day of due execution of the foregoing instrument. Witness my hand and official seal, SEAL 19_, and acknowledge the My commission expires C. The orifice is designed to draw down the pond in 2-5 days. If draw down is not accomplished in that time, the system may be clogged. The source of the clogging must be found and eliminated. D. All components of the detention pond system must be kept in good working order. I, , hereby acknowledge that I am the financially responsible party for maintenance of this detention pond. I will perform the maintenance as outlined above, as part of the Certification of Compliance with Stormwater Regulations received for this project. Signature: Date: I, , a Notary Public for the State of , County of , do hereby certify that personally appeared before me this day of , 19_, and acknowledge the due execution of the foregoing instrument. Witness my hand and official seal, SEAL My commission expires SEF?24-i'396 fJ-04 FROM CESAS-PM-M Stm of Nom CmUna Health and lNafurai Reeou=G Divisive d WNaler GLORY .fames & Hw* Jr-, GWOMOr jars m & Ham , ftcretary A. Freston Havagd, Jr:. R E., DkWar TO 851043611503 P.02 E?N R D Division of Water Quaft Water Quality Section P.O. Box 29535 Raleigh, NC 27625-0535 FAX* (919) 733-9919 TELnCCpyTCY. Diego Martinez TA?.iw? (ot) 652_575S + FROM: Bradt Bcnnctt VEID - (919) 733-50$3 cxt:, 525 N0.0F PA G0, u4MUD1NG CAVER SFf Wr: 3 Cj0bj ff'.XM gm the comments an the Fort Bragg AJDACG Complex: We Need AdditiGnal WOrmatioO on The Following: • Forebay Design. it doesn't appear that the design allows for a fonebay - 8 shallow area at the inlet of the pon& on on the Side Slope Information - We need additional detailed infarmati proposed side slopes for the pond t4 asswe that they are deigned in accordance vAth our specs _> no steeper thm 3-A • More Detailed Xnfvrnnation an the Pond Surface Arcs and Storage Volumes - .11culations are given indicating the required numbers (sIIrfauec gran of permanent pool and volume of m?eeo= e?x?ed information included to Shaw that the panel pfd be provided in tbo form of stage storage information for the proposed pond- 0 Mora Inf0cma6= en The Outlet Drew down No information (milting, etc.) is provided to show that the proposed Outlet device will work to detain the 1" storm and slowly release it over a 2 to 5 day period RS r6quired- • Operation and Maintenantx Flan - Deed to provide a detailed operation and mai nave plim for the pond. This will also incl ce de designation n of the rosponsible party for performing the O&M (exemp • Layout, Maps and. Design Drawing Need to provide clearer visual informaticm for our review. We euxrently only have foxed information that is very difficult to read and interim. cc: John Doroey M/Ts*d ?_"S 3ZTGe of Hail 3S 'UT-Mm ?BltiM WX w3u 6T:ST WT-£7_-ri3S - Response to comments and request for additional information made by North Carolina Department of Environment Health and Natural Resources (DEHNR) Division of Water Quality Section are as follows: 1. The Forebay Design for the wet pond in the A/DACG Complex was not included due to the temporary nature of the pond for this project. Discussions between Savannah District, Fort Bragg DPWE, and North Carolina DEHNR were held earlier this year and an agreement was made that the wet pond for this project would be constructed and kept in use until a much larger permanent wet pond for the entire drainage basin was in place. After the completion of the permanent wet pond the temporary wet pond for this project will be removed and the pond area filled in with select material. 2. Side slopes for the wet pond are 3:1. Full scale drawings are included for your review. 3. Detail information on the wet pond are included for your review. 4. The calculation for the drainage of the 1" storage volume for the wet pond are included for your review. 5. The Operation and Maintenance Plan will be the responsibility of Fort Bragg. 6. See response #2. Wet Pond Information WET POND Elevation Area Volume Special Storage (FT) (FT-2) (FT-13) Note Voume 202 0 203 601 300.5 204 1967 1584.5 205 3706 4421 1 4421 205.5 6734 206 5546 9047 206.5 12058.75 207 6501 15070.5 207.5 18576 208 7521 22081.5 2 17660.5 209 8604 30144 210 9750 Special notes: 1. Permanent Pool elevation. 2. Top elevation of 1" storm storage volume. DRAINAGE TIME TO RELEASE 1" STORAGE VOLUME Pond elev Pipe Dia C Area Height Q Time Volume loss Pool vol (ft) (in) (ft-2) (ft) (cfs) (hr) (ft-3) (ft-3) 208 2 0.5 0.022 2.92 0.15 6.7 3604 207.5 2 0.5 0.022 2.42 0.14 7 3428 18477 207 2 0.5 0.022 0.022 1.92 0.12 7.3 3183 15050 206.5 2 _ -- 0.5 _ _ -- 0.022 1.42 0.10 7.5 2812 11866 206 2 0.5 0.022 0.92 0.08 7.8 2352 9055 205.5 2 0.5 0.022 0.42 0.06 11 2237 6702 4466 Approximate Drainage T ime for 1" Storage Volume (hr)= 47.3 SOF-MOD.XLS Page 1 1' STORAGE VOLUME ELEV.-208.00' PERMANENT POOL ELEV.-205.00' ELEV.-202.00' ELEV.-210.00' ELEV.-198.00' 83' WET POND PROFILE NTS State of Nortkarolina Department of Environment, Health and Natural Resources 4 • A tee Division of Environmental Management -ova James B. Hunt, Jr%,r=;overnor Jonathan B. Howes, Secretary E H N F=1 A. Preston Howard, Jr., P.E., Director June 21, 1995 Ms. Francine Durso, P.E. Piedmont Olsen Hensley, Inc. P.O. Box 31388 Raleigh, NC 27622-1388 Dear Ms. Durso: Subject: Elizabeth City Wastewater Treatment Plant - Proposed Expansion and Upgrade DEM Project # 941105, COE # 19950879 Pasquotank County The Wetland Mitigation Plan submitted May 10, 1995 in accordance with Condition 2 of Water Quality Certification # 2976 issued for the subject project on February 21, 1995 has been reviewed by Mr. Ron Ferrell. The mitigation plan as submitted is adequate and fulfills the requirement that a detailed plan be submitted prior to the commencement of construction on the y subject facility. Mr. Ferrell has indicated tl at you have agreed to two additional conditions not included in the Mitigation Plan: 1) the restoration area will be enclosed by fencing during the expansion and upgrade of the wastewater treatment plant, and 2) the planting of trees may occur earlier than 1997 if the use of heavy machinery which may impact the site has been completed prior to that date. In addition, it is recommended that the planting be done during December or January if possible. The monitoring reports and any amendments to this plan should be submitted directly to Mr. Ferrell at this address. If you have any questions concerning these comments please contact Mr. Ferrell at 919- 733-0026. 4nnlY" Dorney cc: Ron Ferrell Deborah Sawyer, WaRO P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper -N73149 -)Fp? S(WJ +K-601-e June 21, 1995 Ms. Francine Durso, P.E. Piedmont Olsen Hensley, Inc. P.O. Box 31388 Raleigh, NC 27622-1388 Dear Ms. Durso: Subject: Elizabeth City Wastewater Treatment Plant - Proposed Expansion and Upgrade DEM Project # 941105, COE # 19950879 Pasquotank County The Wetland Mitigation Plan submitted May 10, 1995 in accordance with Condition 2 of Water Quality Certification # 2976 issued for the subject project on February 21, 1995 has been reviewed by Mr. Ron Ferrell. The mitigation plan as submitted is adequate and fulfills the requirement that a detailed plan be submitted prior to the commencement of construction on the subject facility. Mr. Ferrell has indicated that you have agreed to two additional conditions not included in the Mitigation Plan: 1) the restoration area will be enclosed by fencing during the expansion and upgrade of the wastewater treatment plant, and 2) the planting of trees may occur earlier than 1997 if the use of heavy machinery which may impact the site has been completed prior to that date. In addition, it is recommended that the planting be done during December or January if possible. The monitoring reports and any amendments to this plan should be submitted directly to Mr. Ferrell at this address. If you have any questions concerning these comments please contact Mr. Ferrell at 919- 733-0026. Sincerely, John R. Dorney CC. Ron Ferrell Deborah Sawyer, WaRO C 0 P Y NehwntOlsenHensley Engineers/Architects/Surveyors P.O. Box 31388, Raleigh, NC 27622-1388 2301 Rexwoods Drive, Suite 200, 27607 (919) 782-5511 Fax (919) 782-5905 May 10, 1995 Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health, and Natural Resources Post Office Box 29535 Raleigh, North Carolina 27626-0535 RE: Elizabeth City Wastewater Treatment Plant - Proposed Expansion and Upgrade 401 Certification No. 2976 COE ID No. 199500879 Pasquotank County Piedmont Olsen Hensley Project Number 39254.01 (11) Dear Mr. Dorney: In accordance with the 401 Certification No. 2976 for the referenced project, we have prepared the planting and monitoring plan that is required as a condition of the certification. A copy of the planting and monitoring plan is attached. We have also attached a copy of the 401 Certification-, It is anticipated that construction of the wastewater treatment plant project will begin in the fourth quarter of 1995. Due to the very limited space on the plant site, a portion of the proposed planting area will be needed for a temporary topsoil stockpile area. It is also very likely that plantings would be damaged by equipment during construction of the outfall pipes into the Pasquotank River. For these reasons, we propose to perform the planting as soon as practical near the end of the construction project, in approximately the fourth quarter of 1997. We understand that this information will be forwarded to Mr. Ron Ferrell for his review. Please do not hesitate to call me at 782-5511 if you need more information or have any questions. Sincerely, PIEDMONT OLSEN HENSLEY, INC. Francine Durso, P.E. /mb Attachments cc: Ron Ferrell, DEM, Water Quality Section Ray Rogerson, Director of Public Works, Elizabeth City Mary Ann Thimsen, Project Coordinator, Elizabeth City Robert Vinay, POH D: MS4-00\CORRES ECO TECH Ecosystem Technologies, Inc. Environmental Scientists 928 Ravenwood Drive, Raleigh, NC 27606 Phone / FAX: 919-859-0064 PLANTING AND MONITORING PLAN FOR WETLAND RESTORATION AT THE ELIZABETH CITY WWTP EXPANSION May 4, 1995 This planting and monitoring plan was produced to support the Wetland Mitigation Plan for the Elizabeth City Wastewater Treatment Plant Expansion in Pasquotank County, NC1. It describes tree planting, monitoring, and success criteria. Site Description As described in the mitigation plan, the mitigation site is approximately 0.5 acres of wetland in an area southeast of the treatment plant site. The area has a thin layer of fill over native hydric soil, and supports a mowed grass lawn and three large loblolly pine trees.. The surrounding native forest is classified as Coastal Plain Levee Forest2. Coastal Plain Levee Forest is a plant community type described by the NC Natural Heritage Program as dominated by: Quercus laurifolia - laurel oak Quercus lyrata - overcup oak Quercus phellos - willow oak Betula nigra - river birch Liquidambar styraciflua sweetgum Acer rubrum - red maple Fraxinus profunda - pumpkin ash Ulmus americana - American elm Taxodium distichum- baldcypress Nyssa biflora - swamp tupelo Species for Planting Tree seedlings will be planted to promote the development of restored Coastal Plain Levee Forest. The light-seeded species, such as red maple and sweetgum, have been proven to adequately invade the site naturally when there are nearby seed sources3. The adjacent forest will provide sufficient light seed. Therefore, only heavy-seeded species will be planted. A mixture of equal proportions of laurel oak, overcup oak, willow oak, and swamp blackgum (Nyssa sylvatica) will be planted. Baldcypress and tupelo persist and reproduce only on sites with extreme wetness. This site is not expected to be wet enough to support those species, therefore swamp IAs described in the 16 January 1995 letter from Francine Durso, PE of Piedmont Olsen Hensley to Henry Wicker, US Army Corps of Engineers, Washington regulatory field office, NC 2 As defined in Schafale, MP, and AS Weakly. 1990. Classification of the Natural Communities of North Carolina - Third Approximation. North Carolina Natural Heritage Program, DC DEHNR. 3 Shear, T.H., T. Lent, and S. Fraver. 1995. Comparison of plant community attributes among restored and mature bottomland hardwood forests of southwestern Kentucky. Restoration Ecology. In press. t blackgum is being substituted to provide some of the wildlife functions (mast production) of cypress and swamp tupelo. Swamp blackgum does occur in the adjacent forest. If any species is not available, a North Carolina Registered Forester will determine if there is an appropriate substitute available. Site Preparation The site meets the soil and hydrology requirements for jurisdictional wetlands as described in the 1987 Corps of Engineers Wetlands Delineation Manual. Therefore, no site modifications specifically for restoration of wetland soil and hydrology are necessary. There are three large loblolly pines (Pinus taeda) currently on the site. Loblolly pine is a facultative species, and occurs naturally in the adjacent forest. These trees add structure to the site and provide perches for birds, which bring heavy seeds of both overstory and understory plants to the site. Therefore, it is recommended that the pines be preserved. The site is currently covered with grasses growing in compacted fill atop the native mucky peat soil. The site will be tilled to relieve compaction and allow the fill be mixed to some extent with the native soil. If the grasses appear to be dense enough to compete severely with the new tree seedlings, they will be killed with herbicide, preferably prior to tilling. Seedling Specifications All seedlings will be bare-root. They must be lifted from the nursery bed while dormant, and stored in cool, moist conditions until planted. All seedlings should of stock known to perform well in eastern North Carolina. Seedlings should be obtained from a reputable commercial forest tree nursery - stock from horticultural nurseries should be avoided. The minimum plantable seedling size is 1/4 inch in diameter at the root collar. All seedlings should be certified by the vendor as true to species and free of diseases. Planting Seedlings will be planted during the dormant season, no earlier than the beginning of November and no later than the 15th of April. Most trees in North Carolina are planted in January and February, and this is an ideal planting time when the weather is not severe. Planting will done as soon as practicable after the engineers overseeing the adjacent wastewater plant construction determine that it will not interfere with plant construction. Seedlings will be planted at a concentration of 500 trees per acre. Seedlings will be planted with planting shovels. A hole adequate to hold the root system without "j-rooting" will be dug. All planting will be performed under the supervision of a North Carolina Registered Forester. -2- Documentation and Monitoring At the end of the growing season, when height growth has ceased, or during the dormant season, the height and diameter of each tree in two 0.05 acre plots will be recorded. Survival, average height, average diameter, and relative growth rate will be reported by species. Volunteer tree seedlings will be described in 0.00025 acre plots placed within the larger 0.05 acre plots. Plants will be identified to species whenever possible. The number of 0.00025 acre 'plots used will be determined after the spatial distribution of seedlings is observed, and will be adequate to describe that component. Observations on the general health and vigor of the trees and vegetation and the general condition of the site will be recorded. Success Criteria The restoration will be considered successful when it is determined that: 1. The concentration of trees surviving for three years is at least 320 per acre; 2. At least 150 trees per acre are heavy-seeded species, and; 3. The trees are distributed evenly across the site (excluding the areas directly under the crowns of the three existing pines). Reporting After planting, a report will be made containing: a description of the planting; a sketch showing where trees were planted; post-planting photographs, and; descriptions of any problems with recommendations for resolution. An annual report will be submitted to the NC DEM Water Quality Section, describing the performance of the mitigation. The report will include: 1. A general description of the site, with emphasis on the progress of the restoration of the wetland components of the site; 2. The number and sizes of trees, by species, and; 3. Any remedial actions taken or recommended. z- An annual report will be submitted until it is reported that all success criteria have been met. -3- State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director February 21, 1995 Mr. Ralph Clark City Manager City of Elizabeth City P.O. Box 347 Elizabeth City, N.C. 27909 Dear Mr. Clark: AIM ID EHNF1, 24 1995 W, iw, C' S, """`(mow, Subject: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed upgrade of Elizabeth City WWTP Project # 941105, COE # 199500879 Pasquotank County Attached hereto is a copy of Certification No. 2976 issued to City of Elizabeth City dated 21 February 1995. If we can be of further assistance, do not hesitate to contact us. Sincerely, ston oward, Jr. E. Attachments wgc2976 cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DEM Regional Office Mr. John Dorney Mr. John Parker, Division of Coastal Management Central Files Francine Durso; Piedmont Olsen Hensley P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper ?_ , NORTH CAROLINA Pasquotank County CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15 NCAC 2H, Section .0500 to City of Elizabeth City resulting in 0.37 acres of wetland impact in Pasquotank County pursuant to an application filed on the 2nd day of December of 1994 to upgrade the Elizabeth City WWTP. The Application provides adequate assurance that the: discharge of fill material into the waters of Pasquotank River in conjunction with the proposed development in Pasquotank 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: That the activity be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction related discharge. (50 NTUs in streams and river not designated: as trout waters by DEM; 25 NTUs in all saltwater classes, and all lakes: and reservoirs; 10 NTUs in trout waters). 2.-. A detailed planting and monitoring plan including annual .reports? and success criteria must be submitted for written DEM approval before.. construction begins. 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 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon expiration of the 404 or CAMA permit. If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. Unless such demands are made, this Certification shall be final and binding. This the 21st day of February, 1995. DIVISION OF ENVIRONMENTAL MANAGEMENT P ston Ir . . WQC# 2976 q 6at q? May 21, 1997 Mr. Steve Lund - US Army Corps of Engineers - Reg. 151 Patton Avenue - Room 143 %- Ashville, North Carolina - 5006 Mr. John R. Dorney NCDEHNR - Division of Water Quality Environmental Science Laboratories 4401 Reedy Creek Road Raleigh, North Carolina 27607 REc'/ V?? c>?,4 Y 199T Field Office Re: Transfer of Wetlands Permit for a portion of the WHITEHALL Development from Mrs. Alice Johnston c/o WhiteHall Limited Development Partnership (Crosland Commercial) to WhiteHall Land & Development Limited Partnership c/o American Assets Corporation (AAC) Dear Sirs, This letter has been requested by Mr. Len Rindner, Wetlands Consultant for AAC, and is required for your review and authority of improvements to be constructed by AAC at WhiteHall Technology Park in WHITEHALL. . Whitehall Development Limited Partnership (Crosland Commercial) agrees to the transfer and assigns the portion of rights and obligations associated with that portion of the Nationwide Permits (Department of the Army, Regulatory Branch Action ID No. 199403688) and associated NCDEHNR 401 Water Certifications affecting that portion of land, 126 acre tract purchased by WhiteHall Land & Development Limited Partnership (AAC), as shown on the attached Exhibit "A", from Mrs Alice Johnston c/o WhiteHall Limited Development Partnership (Crosland commercial) to WhiteHall Land & Development Limited Partnership (AAC). By acceptance of these rights in this partial permit transfer, WhiteHall Land & Development Limited Partnership (AAC) agrees to be bound by the obligations of the subject permit and certification. The attached Exhibit "A" are two (2) survey maps drawn by ESP Associates, dated May 21, 1997, and initialed by me. One survey map is the entire WhiteHall project, the other map defines the 126 acres purchased by AAC. Thank you. Since , Mike o r Development Manager, Crosland Commercial Agent for WhiteHall Development Limited Partnership cc: Mr. Leonard S. Rindner, w/o Exhibits Mr. Paul Herdon, American Asset Corporation w/o Exhibits 125 Scaleybark Road Charlotte. North Carolina 28209 Telephone (704) 523-0272