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HomeMy WebLinkAbout19930011 Ver 1_Complete File_19930313State 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 August 1, 1993 J.M. Boyette heirs c/o Ron Sutton P.O. Box 609 Wilson, N.C. 27893 Dear Mr. Sutton: AIT?I;Tv E:) EHNR Subject: Proposed fill in Wetlands or Waters Residential fill Wilson County DEM Project # 93011, COE # 199300921 Upon review of your request for 401 Water Quality Certification to place fill material in 0.50 acres of wetlands or waters which are tributary to Bloomery Swamp Creek for residential development located at Forest Hills Road in Wilson County as described in your submittal dated 16 July 1993, we have determined that the proposed fill can be covered by General Water Quality Certification No. 2671 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' Nationwide Permit No. 26. This approval updates my earlier letter of 7 April 1993 to allow fill in lot 131, the southwestern portion of lot 24, small portion of lots 130 and 25 and the northeastern part of lot 132 as shown in your submittal of 16 July. All other conditions of the 7 April 1993 Certification still apply. 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- Since e , eston oward, Jr. P.E. 93011a.1tr Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office Raleigh DEM Regional Office Mr. John Dorney Central Files Ronnie Sutton: F.T. Green and Associates 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 V F.T.GREEN& ASSOCIATES ENGINEERS / PLANNERS / SURVEYORS POST OFFICE BOX 609 1 303 NORTH GOLDSBORO STREET I WILSON, NORTH CAROLINA 27893 TELEPHONE (919) 237.5365 July 16, 1993 Mr. Carl Shaffer State of North Carolina Department of Environment, Health and Natural Resources Raleigh Regional Office Post Office Box 29535 Raleigh, North Carolina 27626-0535 SUBJECT: Proposed Fill in Wetlands or Waters Residential Development Wilson County DEM Project #93011 COE # 199300921 Dear Carl: RECEIVED ,yin N 1993 DEHNR-RAL RO We are in receipt of A. Preston Howard's letter of April 7, 1993 granting a 401 Water Quality Certification to place fill material in 0.50 acres of wetlands or water which are tributary to Bloomery Swamp Creek. As previously discussed by phone, we disagree with condition #2 of the certification that states "no wetland fill is allowed on lots 132, 24 and 23". The plan as submitted and approved by the Corps of Engineers allows for fill in wetland areas on lot 131, the southwestern portion of lot 24, and small portions of lots 130 and 25 and the northeastern portion of lot 132. I have attached a sketch highlighting the areas of fill. I realize that it was difficult to determine property lines from the sketch you had. When we do our final platting of this property, we will place all the protected wetland area in one lot and place restrictions on this property. c? l / 7ja? Ata-Z-GAP ?p Mr. Carl Shaffer July 16,1993 Page 2 We respectfully request that you issue a new approval letter clarifying the above. If you should have any questions, please feel free to call me. Respectfully, GREEN & SSOCIATES, P. A. ie L. S ton, P. E. RLS/kta Enclosure cc: David James d47.071693 ea&145?;? fm, o.sa? Sail Yr? n ? co co w gs I N 155 it W CY) co 29 ml a'no ? 1 tit -? 22j 155 I ?„ i = y oD 1 17 1 Y4 p 0 1 00 1 118 i ao I 2 \. 1 I / i CA co 27 co C14 1 ? 15? / i 00 0 26 1'7 ? o / f 1 1 25 -- a I I 24 ?qa• N I I II it o •25 i H 102 10 \ I W o POTEN ???• ET Ds I I - I .. I V I AREA: 1.47 Ac. • . N O N I Of 2 N 13 ?? I 13 ?... I I i 1 N; ..'132 I I ( I --- --- ---------- 1 ___ I_ g I I 102 39 --- ------- 14 - _I -- `- . . I I r19 ?,? cNc BOMM & ,aacycm eo I I ,/?3oii James A. Poteat Environmental Consultant 275 Red Fox Trail Hampstead, NC 26443 January 5, 1993 Mr. John Dornev Water Quality Section Division of Environmental Management North Carolina Department of Natural Resources and Community Development PO Box 29535 Raleigh, North Carolina 27626-0535 Dear John, (919) 270-2465 (919) 270-2664 Please accept the J. M. Boyette family's application for a 401 Certification to construct a three-tiered retention basin and fill within a 1.47 acre "headwater" wetland located in a ditched, secondary tributary of Bloomery Swamp Creek. The specific site may be found in the southwest corner of their 60 ( +/-) acre tract, in Wilson, Wilson County, North Carolina (enclosed survey), The wetland was delineated by representatives of the Corps' Raleigh field office in late 1990. Please note that this wetland has been adversely affected by development along its north, east, and southern perimeters. The wetland values of this system are further reduced through its separation from Bloomery Swamp by Forest Hills Road, which will be widened from two to four lanes within the year. Even so, my clients intend to fill only .3 acre of the wetland. The remaining 1.1 acres will be up-graded to capture pollution bearing runoff, with little ( if any) alteration of the original contour. All trees will remain to provide a natural buffer between the development and the neighboring community. The proposed "mixed use plan" blends small, low profile, commercial outparcels with office buildings and single family homes. Their proposal has been approved by the County, providing all state and county engineering requirements are met through the construction of: roads; curb and gutter; retention ponds, water and sewer; underground utilities; parking and a myriad of yet to-be-identified engineering and zoning provisions common to such developments. Through this plan, the Boyettes hope to take advantage of the major shopping complex under construction immediately north of their project. Total wetland impacts ( ponding and fill) have been reduced to 1, 4 acres. -2- As the enclosed plan demonstrates, the retention area is to be bisected by three shallow ponds which will be created by 3, 5ft. wide "low-head" stone weirs. All of the shallow pond margins will be planted with wetland shrubs, rushes and sedges which will cleanse and filter runoff through the assimilation of excess nutrients and other pollutants. Through this plan, the Boyettes offer some compensation for the wetlands lost through construction of the development, Once completed, this project will help accommodate the environmental needs of the State and Federal government, while at the same time incorporating those features that will assure a successful commercial venture for my client and the people of Wilson County. Please contact me at ( 919) 270-2485, if you require further information. Sincerely, Jim Poteat -2- 11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY THE PROPOSED PROJECT: FILLED: Z7 DRAINED: FLOODED: EXCAVATED: TOTAL IMPACTED: /. 7 12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): ZEUgt <r RUMFF AIM ? X) A'M c4: r.Ap wc- I "jb - to"Sojfi- 3 "vel s -m f2Er w rzutl * iN 3 poa-A- a hae . 70 T91c-r- PLAICE wfTl - 7.5 1 Wmeg rS A£rXb--w--D os rl fiztAas 0-tt uJFjM-C4QS QJ:MQk3I s LI 1TtE O • C?u7uE:3^?CE - "p "•m._c.S W ILL 66:. G.Jr -r=?LL .7-7ACIZE•S TOE ?ANO ?- IT 13. PURPOSE OF PROPOSED WORK: TO f?' ZWIC)E 'Q 7fN i 1W AZCJA FAR Mo(Eis USE D?-VELDPMiE.&S-j ; /&)C-?FA5E USe of OVPiCE.:"- 4ZIL 14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS. Lp j? '?T n3ZbbGpad-AF-- -%'ro ['_6rC4LL*-/ LOCAn-`Ets -m c'" Nil y 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 OR CRt4ICAL HABITAT IN THE PERMIT AREA T MAY BE AFFECTED BY THE PROPOSED PROJECT. HAVE YOU DONE SO? YES (y?T 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 OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT? HAVE YOU DONE SO? YES l?J 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. (foepS 1)EU(.Ya TSD D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH COPY. E. WHAT IS LAND USE OF SURROUNDING PROPERTY? C GpAlA 6WAL / 0!?SIQGQ 741.. F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? CDUIVIY OWN 'S SIGNAT DATE DEM ID: ACTION ID: NATIONWIDE PERMIT APPLIED FOR (PROVIDE NATIONWIDE PERMIT 0) : JOINT APPLICATION FORM FOR NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO CORPS OF ENGINEERS NATIONWIDE PERMITS TEAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRO T0, HZIL IN W P.O. BOX 1890 AND NATURAL RESOURC D L; 1J WILMINGTON, NC 28402-1890 P.O. BOX 29535 ATTN: CESAW-CO-E RALEIGH, NC 27626-0535 Telephone (919) 251-4511 ATTN: MR. JOHN DORNEY a Telephone (919) 733-5083 ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT. PLEASE PRINT. I. OWNERS NAME : y . M yZ- i 7F F r= t Zs 2. OWNERS ADDRESS: C O Fgbo S ISO -RcDc /„r)4 3. OWNERS PHONE NUMBER (HOME) 70 -2441 ( WORK) : Z 70 -ZM$ S 4. IF APPLICABLE: AGENT' NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: ?? MFG aFAT 5. LOCATION OF PLANNED WORK (ATTACH MAP). COUNTY: UVILSoaI NEAREST TOWN OR CITY: %K) I LSOfJ SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): Y71 ML SCJtf11-) Ml G]DCCT i1i1 I < T7r1A'1 - C>J%-A --¦-s .9 6. NAME OF CLOSEST STREAM/RIVER:. 1-?F/aiJ lr=eS 01- L )0MFPPa yUA,MP CW!I< 7. RIVER BASIN: f)I* 16 90 8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW, WS I, OR WS II? YES ( ) NO (Vf 9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES r NO?`?f . IF YES, EXPLAIN. 10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, LOCATED ON PROJECT SITE: 7 n aes 3/30/92 JV M V 9 . N 3 / 2L z. Go??JR Co0O UbT TO crJ i., F GYJAjrh sr u. Jruuuuu IVII/% NJ V Lm State of North .Carolina Department of Environment, Health and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James B. Hunt Jr., Governor A. Preston Howard, Jr. P.E. Jonathan B. Howes, Secretary April 7, 1993 Director J.M. Boyette heirs c/o Ron Sutton P.O. Box 609 Wilson N.C. 27893 Dear Mr. Sutton: Subject: Proposed fill in Wetlands or Waters Residential development Wilson County DEM Project # 93011, COE # 199300921 Upon review of your request for 401 Water Quality Certification to place fill material in 0.50 acres of wetlands or waters which are tributary to Bloomery Swamp Creek for residential development located at Forest Hills Road in Wilson County, we have determined that the proposed fill can be covered by General Water Quality Certification No. 2671 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' Nationwide Permit No. 26. Additional conditions are that: 1.) the three weirs shall be included in the site plan, 2.) no wetland fill is allowed on lots 132, 24 and 23 and deed restrictions shall be placed on these lots.to reflect this limitation, 3.) these shall be no drainage easements for stormwater runoff to the west side of Forest Hills Road. REGIONAL 0MUS Asheville haycnevillc Mooresville Raleigh Washington 709/251.6208 9191456.1541 7C4/663.16+99 919/571.4700 919/946.6481 Wilmington Winston-Salem 919/395.3900 919/896.7007 Pollution Prevention Pays P.O. Rae 29535, Raleigh Noah Carolina 27626-0535'fclephone 919.733.7015 An Equal Oppununity Alfinnativc Action Employer If you have any questions, please contact John Dorney at 919-733-1786. Sincerely, /` 6 ? 0-a al- P 7 ton Howard, Jr. P.E. 93011.1tr Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office Raleigh DEM Regional Office Mr. John Dorney Central Files Jim Poteat e e? STAT[ o iT l State of North Carolina Department of Environment, Health, and Natural Resources 512 North Salisbury Street • Raleigh, North Carolina 27604 James R Hunt, Jr., Governor Jonathan R Howes, Secretary DIVISION OF ENVIRONMENTAL MANAGEMENT February 15, 1993 1ri-q" Mr. Ron Sutton F.T. Green and Associates P.O. Box 609 Wilson, NC 27893 Subject: J.M. Boyette Heirs Project Application for 401 Certification State Project No. 93011 Wilson County Dear Mr. Sutton: On February 3, 1993, Mr. Karl Shaffer and Mr. Danny Smith of the Raleigh Regional Office performed a site evaluation for the above named project. The following concerns must be addressed in order to continue review of these plans for a 401 Water Quality Certification: 1) The site visit revealed that wetlands with significant uses exist at the site. The plans submitted by your office show no attempt to avoid or minimize impacts to these wetlands. Specifically, those lots numbered 132, 24, and 23 collectively make up the majority of the wetland impact. 2) The application narrative describes 3 weirs/pools for stormwater detention. Yet, the plans detail water discharges by way of drainage easements from the tract. The RRO will recommend that stormwater structures be required for this project. These stormwater structures shall not replace the existing wetlands, but be placed at the heads of the influent drainageways, still allowing the existing wetlands to remain. PA. Box 27687, Balogh, North Grolina 27611-7687 Tdephom 9137334984 Fax 1919-733-0513 M Equal Opportunity Affirmative Action Employer Mr. Ron Sutton Page -2- You are requested to submit to the Raleigh Regional Office, with a copy to the Wetlands Review Central Office, revised plans which: 1) Avoid or minimize impacts to the existing jurisdictional wetlands, and 2) Show the recommended stormwater control devices and their position on the tract. The Regional Office will continue review on this project once this required information is received. If you have any questions or require further information, please contact Karl Shaffer at (919) 571-4700. Sincerely, Timothy L. Donnelly, P.E. Regional Water Quality Supervisor cc: Mr. Jim Poteat Mr. John Dorney Nearest road . . 0 . . . . Wetland type (select one) ? other '?Q l. Swamp forest ? Shoreline • Yla?'Bottomland hardwood forest ? Stream channel o Carolina bay ? Salt marsh ? Pocosin ? Brackish marsh • Pine savannah ? Freshwater marsh ? Wet flat ? Bog/Fen • ,D Perched ? Vernal pool eoe?a®e.•ea.oess•.•••eee Water stora e P .a• sum eo•aeee oee.ae•.eaee.• rea•ee•a+e r g r ,- Bank/Shoreline stabilization .. 4.00 = • Pollutant removal .. Sensitive watershed Travel corridor _L .. . ...... .. ;;: ..... X 1.50 = '; . Wetland score. Special ecological attributes i .... .. Wildlife habitat - ?- x 1.50 = ;. . Aquatic life value- ,.. ,. • Recreation/Education ..: Economic value -?- L x 0'2? _ Sr . o 0 0 0 0 . n o 0 0 . o a s • o • • r • o • • /. • • _ . o • . o . • • o • o . • o • o w • • • • • • o • • • • s • Wetland area acres Wetland width feet ? Hydrologically connected ? Hydrologically isolated MEMORANDUM INITIALS: Reviewer: TO: John Dorney WQ Supv: Planning Branch Date:... / SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS ***EACH ITEM MUST BE ANSWERED (N/A-NOT APPLICABLE)*** PERMIT_YR: APPLICANT NAME: PROJECT-TYPE: COE_#: RCD_FROM_CDA: REG_OFFICE: 93 PERMIT-NO: J.M. BOYETTE POND APP RRO STREAM_CLASS : VJ S - v Aisui STR_INDEX _NO: 27-- e6- r; -C3) WL_IMPACT?:N WL_REQUESTED: J= V aCAa HYDRO_CNECT?: ON MITIGATION?: Yi MITIGATION-SIZE: Aq 0000011 COUNTY: WILSON PERMIT-TYPE: NW26 DOT #: DATE_FRM_CDA: 01/07/93 RIVER-AND-SUB-BASIN-#: D?A//,)A6 O ELX)OmERI SujA-mP: lJEusE PiVCe? Bk-171AI. 03 04 07 WL_TYPE : GLlr WL_ACR_EST?:(V/N / WL_SCORE (#) : ZO ?OlrvsyJ MITIGATION-TYPE W14 IS WETLAND RATING SHEET ATTACHED?.(% RECOMMENDATION (Circle One): ISSUE COMMENTS : lh%S DENY b / t X32 cc: Regional Office Central Files I a4464 -/W f 3- 6ve?'r Sel-V74e, ? a3 c?/ X?i e -14 o.,r,,,?f7d.QR b WZ.I D ? aI] APR -- 5199 4 v Lt State of North Carolina Department of Environment, Health, and Natural Resources 512 North Salisbury Street • Raleigh, North Carolina 27604 James R Hunt, Jr., Governor Jonathan R Howes, Secretary DIVISION OF ENVIRONMENTAL'MANAGEMENT February 15, 1993 Mr. Ron Sutton F.T. Green and Associates P.O. Box 609 Wilson, NC 27893 Subject: J.M. Boyette Heirs Project Application for 401 Certification State Project No. 93011 Wilson County Dear Mr. Sutton: On February 3, 1993, Mr. Karl Shaffer and Mr. Danny Smith of the Raleigh Regional office performed a site evaluation for the above named project. The following concerns must be addressed in order to continue review of these plans for a 401 Water Quality Certification: 1) The site visit revealed that wetlands with significant uses exist at the site. The plans submitted by your office show no attempt to avoid or minimize impacts to these wetlands. Specifically, those lots numbered 132, 24, and 23 collectively make up the majority of the wetland impact. 2) The application narrative describes 3 weirs/pools for stormwater detention. Yet, the plans detail water discharges by way of drainage easements from the tract. The RRO will recommend that stormwater structures be required for this project. These stormwater structures shall not replace the existing wetlands, but be placed at the heads of the influent drainageways, still allowing the existing wetlands to remain. pD. Boot 276g7, Rakigh, North Carolina 27611-7667 Tekphone 919-7334964 Fax 1919-733-0513 An Equal Opportunity Affirmative Action Employer i ? . V Mr. Ron Sutton Page -2- You are requested to submit to the Raleigh Regional Office, with a copy to the Wetlands Review Central office, revised plans which: 1) Avoid or minimize impacts to the existing jurisdictional wetlands, and 2) Show the recommended stormwater control devices and their position on the tract. The Regional Office will continue review on this project once this required information is received. If you have any questions or require further information, please contact Karl Shaffer at (919) 571-4700. Sincerely,. Timothy L. Donnelly, P.E. Regional Water Quality Supervisor cc: Mr. Jim Poteat Mr. John Dorney WETLAND RATING SYSTEM WORKSHEET oject No. or description fsoi/ b - )cation County ?Aj,,/yt?A Nearest River Nearest stream road or town fit/" and classification ,aluator rency and address to and time evaluated z , 93 /-&) jor Wetland TypeL?f Approximate size of wetland system acres Approximate extent of wetlands in area acres within / miles Three most common plant species (in order) 5 e,,, ' 170 2 it Series (if known) drologic indicators L?Ptr%?_c???e ,?}; ,,,a Direct surface hydrol gd is conn4ct ?]O fisting Conditions Drainage Disturbance- Restoration potential_ Restoration value site known to provide habitat for rare; endangered or ened species??o_If so, list species observed or recorded. em No. ation/Landscape 1 Natural area buffer 2 Sensitive watershed 3 Dispersal corridor system ological Values 4 Special ecological attributes 5 Wildlife habitat 6 Aquatic life 7 Water storage 3 Streambank stabilization. 9 Removal of pollutants Human Values 10 Outdoor recreation/education 11 Economic value Score (circle one) 4 3 2 1 0 5 4 3 2 0 5 4 3 2 0 5 5 4 4 3 3 2 1 0 0 0 5 4 3 0 1 0 5 4 3 8 2 1 0 5 4 3 2 1 0 5 4 3 1 0 5 4 3 2 1 Total score Site description and notes: i'l " k Q 'D o J R v 0 L0 r.» ? ib scn?E ?2DF/LE 4 __1rJL1LJLJLJ MDOALE DR. FOREST WU-S RW .. . ?? FnJE i Ln?JD LOCATION AIAP -- MAR 11 '93 08:04AM Post-It•' brand fax transmittal memo 7671# of Pages ? From - s Co. Co. 71 C-/Yl P. 112 LE _ _ _ th Carolina Department of Environment, Health, and Natural Resources 512 North Salisbury Street. • Raleigh, North Carolina 27604 James R Hunt, Jr., Governor Jonathan R Howes, Secretary DIVISION OF ENVIRONMENTAL MANAGEMENT February 15, 1993 Mr. Ron Sutton F.T. Green and Associates P.O. Box 609 Wilson, NC 27893 Subject: J.M. Boyette Heirs Project Application for 401 Certification State Project No_ 93011 Wilson County Dear Mr. Sutton: On February 3, 1993, Mr. Karl Shaffer and Mr. Danny Smith of the Raleigh Regional office performed a site evaluation for the above named project. The following concerns must be addressed in order to continue review of these plans for a 401 Water Quality Certification: 1) The site visit revealed that wetlands with significant uses exist at the site. The plans submitted by your office show no attempt to avoid or minimize impacts to these wetlands. Specifically, those lots numbered 132, 24, and 23 collectively make up the majority of the wetland impact. 2) The application narrative describes 3 weirs/pools for stormwater detention. Yet, the plans detail water discharges by way of drainage easements from the tract. The RRO will recommend that stormwater structures be required for this project. These stormwater structures shall not replace the existing wetlands, but be placed at the heads of the influent drainageways, still allowing the existing wetlands to remain. PD. BoY 27687. RrkW,, North cmaim 27611-7667 TJ4- 919-733.4984 Fax t 9n9-733-0513 An Equal Opportunity Affirmative AC ion EmPI(W MAR 11 '93 08:05AM P•ziz • r Mr. Ron Sutton Page -2- You are requested to submit to the Raleigh Regional office, with a copy to the Wetlands Review Central office, revised plans which: 1) Avoid or minimize impacts to the existing jurisdictional wetlands, and 2) Show the recommended stormwater control devices and their position on the tract. The Regional Office will continue review on this project once this required information is received. If you have any questions or require further information, please contact Karl Shaffer at (919) 571-4700. Sincerely, Q? Timothy L. Donnelly, P.E. Regional Water Quality Supervisor cc: Mr. Jim Poteat Mr. John Dorney DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO February 3, 1993 Regulatory Branch ................ ; si '?'L1: 7i 1?1? _i ? I JI ? i Action ID. 199300921 and Nationwide Permit No. 26 (Headwaters and Isolated Waters) J. M. Boyette Heirs c/o Mr. Ron Sutton Post Office Box 609 303 North Goldsboro Street Wilson, North Carolina 27893 Dear Sir: Reference your application of January 5, 1993, for Department of the Army authorization to impact 1.47 acres of wetlands subject to our regulatory authority pursuant to Section 404 of the Clean Water Act on your property located off Forest Hills Drive, 1/2 mile south of the intersection with U.S. Highway 264, in Wilson, Wilson County, North Carolina. 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 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 c. The discharge, including all attendant features, both temporary and permanent, is part of a single and complete project. Your proposed work is authorized by this NWP provided it is accomplished in strict accordance with the enclosed conditions. This NWP does not relieve you of the responsibility to obtain any required State or local approval, including a Section 401 Water Quality Certification. Questions concerning this certification should be addressed to Mr. John Dorney, Division of Environmental Management, telephone (919) 733-1786. i -2- This verification will be valid for 2 years from the date of this letter unless the NWP authorization is modified, reissued, or revoked. Also, this verification will remain valid for the 2 years if, during that period, the NWP 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, 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 Ms. Jean Benton, Raleigh Field Office, Regulatory Branch, telephone (919) 876-8441. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure Copies Furnished (without enclosure): Mr. John Parker North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 X. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. James Poteat 275 Red Fox Trail Hampstead, North Carolina 28443