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HomeMy WebLinkAbout19930476 Ver 1_Complete File_19990602State of North Carolina Department of Environment, Health and Natural Resources • • Division of Environmental Management James B. Hunt, Jr., Governor ry 1:3 E H N F1 Jonathan B. Howes, , SecreLata A. Preston Howard, Jr., P.E., Director October 4, 1993 Mr. Dan B. Keir 5114 Clear Run Dr. Wilmington, N.C. 28403 Dear Mr. Keir: Subject: Proposed fill in Wetlands or Waters Myrtle Grove Presbyterian Church facility expansion and recreational field development New Hanover County DEM Project # 93476 Upon review of your request for 401 Water Quality Certification to place fill material in 2.0 acres of wetlands or waters which are tributary to Motts Creek for parking and building located at 800 Piner Road in New Hanover County as described in your submittal dated 2 June 1993, we have determined that the proposed fill can be covered by General Water Quality Certification No. 2671. A copy of the General Certification is attached. This Certification may be used in qualifying for coverage under Corps of Engineers' Nationwide Permit No. 26. 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. 1786. If you have any questions, please contact John Dorney at 919-733- Sincerely, 31?_ _)::? LX P eston Howard, P.E. 93476.1tr Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DEM Regional Office Mr. John Dorney 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 IMPORTANT To 1 Ti Date me WHILE YOU WERE OUT 1 ` M I _ Phone AREA CODE NUMBER EXTENSION TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL Message_ -i A, 511 ?xW' I iC Slgpe? )t t? l L-D r_ - 'COO N.C. Dept. of Environment, Health, and Natural ReSebrces ??? Printed on Recycled Paper ?)qJF3 py Q?- ?+PSS'a? _ ? ' " U a I % W 6:o4 ?r X66 16 5 August 1993 Mr. John R. Dorney Wetlands and Technical P V ,, r__---, lye - ?? ,.,y ru- . Steve letter report dated 2 your letter dated 21 July, 1993, rmation on the proposal to construct -king and a storage building on property asbyterian Church, Wilmington, North ance from the Corps of Engineers, dated :hat the hydrologic indicators are small portion of subject land remains Based on these indicators, the Corps development. A similar finding was Morrison, Environmental Consultant in his February, 1993. Since this is the only property that the church ownes and no reasonable alternatives exist, we ask that you reconsider your position based on the enclosed information. Please note that the large ditches around three sides of the property, referenced in the Corps" 2 August 1993 letter, have existed on the property as mosquito drainage ditches for a number of years. Partial cleanout of the ditches has recently taken place by New Hanover County officials, associated with a sewer line placement across church property. We appreciate the opportunity to provide supplemental information on this subject. If additional clarification is desired or a site visit is necessary, please call me at (919) 799- 5828. Sincerely, Dan B. Keir, Representative Myrtle Grove Presbyterian Church Encl. Copies Furnished with enclosures Mr. Steve Benton North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 / Mr. Jim Gregson ? North Carolina Departmaent of Environment, Health and Natural Resources Division of Environmental Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 August 2, 1993 IN REPLY REFER TO Regulatory Branch Action ID No. 199102594 and Nationwide Permit No. 26 (Headwaters and Isolated Waters) Myrtle Grove Presbyterian Church c/o Mr. Dan Keir 5114 Clear Run Drive Wilmington, NC 28403 Dear Mr. Keir: Reference your application, received in our office on May 28, 1993, for Department of the Army (DA) authorization to place fill material in approximately 8.8 acres of wetlands in the headwaters of Mott's Creek, behind the Church on 800 Piner Road in Wilmington, New Hanover County, North Carolina. On June 29, 1993, Mr. Jeff Richter of my staff conducted an onsite inspection of this property. Based on his findings and his July 12, 1993, in-office conversation with you, he has determined that much of the area identified as wetlands in your application has been drained. This drainage appears to be a result of large ditches around three sides of the property which have removed wetland hydrology to the point that upland species of vegetation are becoming established. In addition, soil samples show that _ hydrologic indicators are becoming less well-defined or are disappearin altogether. As a result, Mr. Richter has determined that approximatel acres out of the original 8.8 acres remain as jurisdictional wetlands. The additional 1.2 acres of wetland fill previously authorized adds up to a total of 3.2 acres of wetlands impacted. In this regard, your proposed work can be authorized by our Nationwide Permit No. 26. 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 (NWP). Authorization was provided, pursuant to Section 404 of the Clean Water Act, for discharges of dredged or fill material into headwaters and isolated waters. Your work is authorized by this NWP provided it is accomplished in strict accordance with the enclosed conditions and provided you receive a Section 401 water quality certification from the North Carolina Division of Environmental Management (NCDEM) and, in the coastal area, a consistency determination from the North Carolina Division of Coastal Management (NCDCM). You should contact Mr. John Dorney, telephone (919) 733-1786, regarding water quality certification. By letter of April 22, 1993, NCDCM notified you that the proposal was consistent with the North Carolina Coastal Management Program. This nationwide permit does not relieve you of the responsibility to obtain other required State or local approval. . e -2- 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 NWP permit authorization is reissued without modification or the activity complies with any subsequent modification of the NWP authorization. If during the 2 years, the NWP 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 NWP, and activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the NWP will remain authorized provided the activity is completed within 12 months of the date of the NWP's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend, or revoke the authorization. Questions or comments may be addressed to Mr. Richter, Wilmington Field office, Regulatory Branch, telephone (919) 251-4636. Sincerely, e Wri t Chi Regulatory Branch Enclosure e Copies Furnished (without enclosure): Mr. Steve Benton North Carolina Department of Environment, Health and Natural Resources Post office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Dorney Division of Environmental Management North Carolina Department of Enviornment, Health and Natural Resources Post office Box 27687 Raleigh, North Carolina 27611-7687 Mr. Jim Gregson North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 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., RE., Director July 21, 1993 Dan B. Keir Myrtle Grove Presbyterian Church 800 Piner Road Wilmington, N.C. 28403 Project # 93476 Dear Mr. Keir: DEHNR The Division of Environmental Management, Water Quality Section has reviewed your plans for wetland fill for 8.78 acres of wetlands at Myrtle Grove Presbyterian Church in New Hanover County for recreational facilities, parking and storage building. Based on this review, we have identified significant uses which would be removed by this project. These uses are water storage and wildlife habitat. Furthermore, insufficient evidence is present in our files to conclude that your project must be built in wetlands. Therefore, we are moving toward denial of your 401 Certification. Until we receive additional information, we are requesting (by copy of this letter) that the U.S. Army Corps of Engineers and/or the N.C. Division of Coastal Management place your project on administrative hold. Please provide us with information supporting your position that your project must be constructed as planned. Specifically can you construct your recreational facilities on nearby uplands or prior converted farmland? Specifically can you miminize the wetland fill by reducing the number of baseball and soccer fields and utilizing existing parking areas? Any documentation such as maps and narrative which you can supply to address upland alternatives may be helpful in our review of your 401 Certification. Please respond within two weeks of the date of this letter. Sincerely, Jo n R. Dorney Wetlands and Te ical Review Group 93476.na cc: Wilmington DEM Regional Office Wilmington Office Corps of Engineers Central Files Dan Keir, 5114 Clear Run Drive, Wilmington R0, Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 509k recycled/ 10% post-consumer paper 2k L (L 1 ll? __ .. F,??i_._! _L'I?.}Vj •?. }1?.? F,lF ,??? -', i,,, •_!., la 1. ,?.-' ,, ??.,, r. ,.,..? ? ?. p?7 `-h l?L"I p.!' vp 1i AIr-`AM r! IA f T)};?A,l P (XI i I: T 1\ c r r, n T r V., D x T ' T-i IF F? C JV 1 i 1 T. '-W 1,1M ant} ' 1+']]';>tC ? . ?!,;! cr r A ! I'^:!= fin r> ?';( ! !<'r Cam'` }{VIA ?`i (' THf_ . . /? ?,, ;'?' ??i,P" ,. ?t - •/ f T?i1T itTll`;' CON __ lRl i,l I ?.ji!'dI la f, (_I ?!'.. ??1?.?_?• i i? _I' ?j. C., (AM1114IT-EN'l ??1'?"v"-•?r`'-e'? Q _-?;?Yft?-mil _?1,c__c?') _ c, _Q ? _? _ YLr,A /?i.eelJ? ? WETLP _._WATER g.i s • • Hydrologically connected Wetland type (select one) ? Other ? Swamp forest ? Shoreline • ? Bottomland hardwood forest ? Brackish marsh ? Carolina bay ' ? Freshwater marsh Y Pocosin ?' Bog/Fen • ? Pine savannah ? Ephemeral wetland ? Wet flat The rating system cannot be applied to salt marshes. • ...•.•••••.••••.•••••••• •sum••••••• ••.?•.•••••••• ? ••.••••••. Water storage :;:: ::>°:><>- • Bank/Shoreline stabilization x 4.00 - '" Pollutant removal .. ... ................... .................. . Sensitive watershed K *i* x 1.50 - - . Travel corridor W etland score . Special ecological attributes ->; ><>; t' • Wildlife habitat _ x 1.50 - . < . • Aquatic life value ? > > > <«< >> _ ... ... ... .................. ................... .................. Recreation/Education « >.:.«:»<...< Economic value x 0.25 ....... ' • 49 Project name MYRi-fr Nearest road A/ C Ya I County &I?1IAti06Q Wetland area IO o acres Wetland width - ?? ?? feet Name of evaluator ????` Date k, J a'-93 1 ' LEM ID: ACTION ID: Nationwide Permit Requested (Provide Nationwide Permit #): r-N 14 ha JOINT FORM F _.u . Nationwide permits that require notificatio th O ngineers Nationwide permits that require applicatio fo Section 401 certification WILMINGTON DISTRICT ENGINEER CORPS OF ENGINEERS DEPARTMENT OF THE ARMY P.O. Box 1890 Wilmington, NC 28402-1890 ATM: CESAW-CO-E Telephone (919) 251-4511 WATER QUALITYmr Arun' OJALITY SECT DIVISION OF ENVIRONMENTAL MANA EMtM NC DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES P.O. Box 29535 Raleigh, NC 27626-0535 ATTN: MR. JOHN DORNEY Telephone (919) 733-5083 ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT. PLEASE PRINT. 1. Owners Name:. 6{ v,= PR-k?-sf3ytr - rtx) e-r - NvV2 e- 2. Owners Address: _ VC) Vol M M (Z- (Z a P,0 k.,/) 3- r„, i A.) 6-1 -n>? _ h/ e 3. Owners Phone Number (Home): (Work): 4. If Applicable: Agent's name or responsible corporate official, address, phone number: .k:; i 5. Location of work (MUST ATTACH MAP). County: 1' W f464 NnV iE (L Nearest Town or City: k "I L- •-*? I ? ?-f-D r Specific Location (Include road numbers, landmarks, etc.): ZSd ? ?1 N r 2 . (2-P iq A - ? T5/ if4-n an) 4:1Y V. s ?,/e- / 3? / MM C-0 1=44iAAC> 6. Name of Closest Stream/River f lLt -PrO Ya'1" 1 S R-S m D7'7-S 442L?- 7. River Basin: F??_ t=GZ 8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS H? YES [ ] NO 9. Have any Section 404 permits been previously requested for use on this property? YES [-r NO [ ] If yes, explain. ?. !1 e- 10 1,S 1-.?/ am? =,0V 10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: ?? . 11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: Filled: Drained: $ •' ?(?-,ram i.i l3fs? / ?CC?{?-ia?Dr'f+? Flooded: Excavated: Total Impacted: `12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): G 0??53(Zu-cam ?-- ?--'f-t3T? ,-,_ r i ?? ?- 0 5 -L o ? a ?_ 2 E= ! cam- ?? s ??14? K-1 ? Lam- . l4??d? ?4 13. Purpose of proposed work: lp2 o v? fl c Q .-Y?rrlo n?9 }- 1%k E- ! i , Ti !:>G? /= a,2 _?4r(Zr+-? /1-sue--o lJ? l?-?5 ?3YT?/Llr? n? ?l-f-u 2Glf- 14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures taken to minimize wetland impacts "r , 5 rg --r1t t? OpN? ?? o R-?7rz Lhft.,QC G* IR?1?1t1-?4?-t5- i?l?L- L?5 tom-. ?' t tF oT?c%r I rJt !gu ryt=(E(? 15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service pr critical (NMFS) regarding the presence or any Federally listed or proposed for listing endangered or threatened species habitat in the permit area that may be affected by the proposed project. Have you done so? YES [ Lr NO [ ] RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS. 16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence o historic properties in the permit area which may be affected by the proposed project? Have you done so? YES NO [ ] RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS. 17. Additional information required by DEM: A. Wetland delineation map showing all wetlands, streams, and lakes on the property. B. If available, representative photograph of wetlands to be impacted by project. C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the delineation line. D. If a stormwater management plan is required for this project, attach copy. ^^rti ? ! E. What is land use of surrounding property? r'y2 a-y?,- 14 r-e JO)A-P-e4y61 F. If applicable, what is proposed method of sewage disposal? 19? ! r>'? u w7? r0R-d, L -= TS Date vl? R nu I Ha .? VO/ Mci Mop Ahv Riela- 8 = I;i G unty - / AKil. .. E tf wi . _. ad I --% OF 1o Swamp 28422 pND ? Offa Lll ?{?4a W 0 2842 S BUNNY. I RMIN ?,../ SPRING LAKE ARMY TERMINAL + 4rj / 1 00 „ vim ?o NEW HANC NORTH AND TRj N b x v r , i J r-7. '?1M H? YR -€ Gp- v? P1-ES&j'T-? RLAN ClltI?GN BOO.P(i?flZ;1z0,4II _..::_Wl4MING70N; NC.'. bel I* ate/ a x N r y Z YAM ?p(Lr??4i"1©rj k •, 'i ,1, ;?R a ..t w, Qr ? 4 I 1 I J.ru.•?+?`.yr' ? .1. ` 4?Y Ii^?}13'- ? ? ti not i • v 41 ?•? ?iC 11Q:,• ?1MIIt ? ?, •??~ 15 March 1993 Dr. G. Wayne Wright, Chief Regulatory Branch U. S. Army Corps of Engineers Wilmington District Post Office Box 1890 Wilmington, North Carolina 28402-1890 Dear Dr. Wright: This is a followup to your letter dated 30 Novemberr 1992, Action ID No. 199102594, granting a 2-year extension to complete construction of an access road behind Myrtle Grove Presbyterian Church, New Hanover County. Construction of the access road would require filling approximately 1.2 acres of isolated wetlands. The church building committee has requestd that I pursue additional approval from the Corps and State of North Carolina to construct a multipurpose recreational playground/field complex and possibly associated buildings/structures. To accomplish this work, the church is requesting approval to impact approximately 8.8 acres of additional isolated wetlands under Nationwide Permit 26. Following Corps approval, I will pursue consistency statements from the N. C. Department of Environment, Health and Natural Resources. I appreciate your assistance in this matter. Sincerely, 4a B. eir Grounds Committee Member 5114 Clear Run Drive Wilmington, N. C. 28403 47ur ( WETLANDS GRG'.?!I' WATER QUALITY rIG! ,_ w M / / N M / x ? l A -1 ?.J t ssr O ? r --\ I-j j tJ}p / - ?.- x n ? xA l h M ? h O A N x ?K ?f . N? q x 4-7 I i f x 0 K N r M x \ s ?J A o N -DEM ID: ACTION ID: Nationwide Permit Requested (Provide Nationwide Permit ft JOINT FORM FOR Nationwide permits that require notification to the Corps of Engineers Nationwide permits that require application for Section 401 certification WILMINGTON DISTRICT ENGINEER CORPS OF ENGINEERS DEPARTMENT OF THE ARMY P.O. Box 1890 Wilmington, NC 28402-1890 ATTN: CESAW-CO-E Telephone (919) 251-4511 WATER QUALITY PLANNING DIVISION OF ENVIRONMENTAL MANAGFMFNT NC DEPARTMENT OF ENVIRONMENT, HBA4 AND NATURAL RESOURCES - P.O. Box 29535 f Raleigh, NC 27626-0535 54 ATTN: MR. JOHN DORNEY Telephone (919) 733-5083 WFrI A.,.,- ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIR PLEASE PRINT. 1. Owners Name:. M ?'f? ?-, 6{zo v?? P R ? if-r-r nr,J e- rf v t2 `/4- 2. Owners Address: !C2 c> to 1 N a (Z a P,0 k nl, 1- ", i sv E?r-vy? . l? . 3. Owners Phone Number (Home): (Work): 4. If Applicable: Agent's name or responsible corporate official, address, phone number. ?4 ??: C-->Pr U ?. g ,q / 9- 9 4- ors-? W 1 s= rn >J h-T?. N. C. ?tfi? 3 5. Location of work (MUST ATTACH MAP). County: P,/L;W /??ND11 6Z Nearest Town or City: k At / 1... •-*, / ?'Tf> r?? Specific Location (Include road numbers, landmarks, etc.): ` S V A0? N r 2 . (2.0 A n E-R a -r1 o n) 4:1)= ].(• .5. J./L A&M uE- o n?r'S l pL 1? 6. Name of Closest Stream/River bLi=ra-o FMS Y-n 7. River Basin: 8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS H? YES [ ] NO [t-] 9. Have any Section 404 permits been previously requested for use on this property? YES [--r NO [ ] If yes, explain. /. 1 e- . i= 1J 1 o Is5 >--?/ laJ22?oV 10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: ?? . 11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: Filled: Drained: S • 2 -1>P-C%-I IV V,+0 Flooded: Excavated: Total Impacted: I T4 12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): 6 01?5T(Z u..?r ?-- S o?-T(3Y? ?-?-- I' ? ?s- ?- OS S o c a ?F (L 1= ? t.-1-?? 5 ??14?K•) ALT l4t?? 14- 13. Purpose of proposed work: 120 ?? d 5- ?e c ?-?- ???'r?o nit-- 1%k , ?- . Ti ,?? X02 Tr,- 2-4 tJ L('fuF-e 14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures taken to minimize wetland impacts '-r'?t ??.15;- GNc?R? r,+ ??p???-I?-?- ??vCz us ?, ?- F?-o-r??; ? ? ?3?, ?=??c? ?L-on.?- ? 15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service (NMFS) regarding the presence or any Federally listed or proposed for listing endangered or threatened species criti cal habitat in the permit area that may be affected by the proposed project. Have you done so? YES [ y?NO [ ] RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS. 16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence o historic properties in the permit area which may be affected by the proposed project? Have you done so? YES NO [ ] RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS. 17. Additional information required by DEM: A. Wetland delineation map showing all wetlands, streams, and lakes on the property. B. If available, representative photograph of wetlands to be impacted by project. C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the delineation line. D. If a stormWater management plan is required for this project, attach copy. E. What is land use of surrounding property? (-?2 ! I-Ya ??r /e HU t?- E H" 10jq )2e4V rnY-n * R If applicable, what is proposed method of sewage disposal? you wT/ rot-??- r?-,???-??- A?s??7-s ??1?'Y Date -'X-- p, ( zr r ro 6- e- ?n? s-S t Ar r.- , C3 1-* 10 Rf ' Ha Mop Atw 'Zg ?. Hanovern? , )unty Sw=P " 28422 ,BOLJVIA PO$m Orta Lu `1: n ;.: 2842 :• SUNNY POINT SPRING LAKES lr ARMY TERMINAL yo NEW HANG NORTH 1 AND TRH • o ? } A Y) Y-- T- ?;?<aN CR-ur?C# ? BOO: PlNE.?FZORIY -.:.--WILMlNG70N; NC.". w ? .0000, i