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HomeMy WebLinkAbout19930854 Ver 1_COMPLETE FILE_19940107State 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 28, 1994 Boyles Furniture Co. 739 Lenoir Road Hickory, N.C. 28603 Dear Sirs: EDI EHNR Subject: Proposed fill in Wetlands or Waters Commercial development, Boyles Furniture Company Guilford County DEM Project #93854,COE #199400037 We have reviewed your request for 401 Water Quality Certification to place fill material in 1.5 acres of wetlands or waters which are tributary to Deep River for commercial development located at US 29/70 and Riverdale Road in Guilford County as described in your submittal dated 28 October 1994. Based on this review, we have determined that the proposed fill is covered by General Water Quality Certification No. 2671. A copy of the General Certification is attached. This Certification is necessary for coverage under Corps of Engineers' Nationwide Permit No. 26. This action completes DEM's review under Section 401 of the Clean Water Act. A final written approval for a stormwater plan including a wet detention pond must be obtained from DEM. 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 91.9-733- Sincerely, . rest-dHow ? d, Jr . P . E . 93854.1tr Attachment cc: Wilmington District: Corps of. Engineers Corps of Engineers Raleigh Field Office Winston-Salem DEM Regional. Office Mr. John Dorney Central Files William Mitchell; Wiliam F;. Mitchell 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/ 1 0% past-consumer paper WILLIAM E. MITC11M, ASSOCIA"TES CIVIL ENGINEERS, LAND PLANNERS & SURVEYORS Fehruar: y 4, 1994 14r. John Dorney Water (,Xial.ity Section Divisinn of Fnvironmental Ma.na-.-jempni- N.C. Dept. Environment, Health & Natural. Resources P.O. N)x /953'; Raleigh, N.C. 27626-01',35 RF Fioy ] e Furniture Site. I-8`i / U.S. 29 Bus. High Point, N.C. (:,ui I ford County Dear Mr. Ik)rney, Enclosed are copies of the proposed boyle -, F'ui n i t ure site layout for_" Your review and conment. As you can se.e, the proposed building and parking require full us(? of the site and ,.is a re:?u l t it is intended t(; re.,ui ld the lower pond dam for use as, a pennanent :;tomwater runoff control facility. The proposed. public road to !,he rest of the development has been rel.c.)cated to the s()uthern boundary of the property in order to keep from chopping the retail store tract in half. Since the wetlands to be protected were previ(,)usly a pond site :il makes sense to utilize it again. It_ is our intent to get the general development plan and strFet location approved by the City of High Point and tc? proceed with final constructic,n plans. Please review the proposed layout and adise us aq to the proposed method of water quality protection. Thank you for your assistance with this reques;t and if you have any questions please call me at 910-379-05,15. Your;; truly, William F. .Mitchell, P.E. TV 2105 ENTERPRISE ROAD, SUITE 210 GREENSBORO, NORTH CAROLINA 27408 (910) 379-0515 r ;C),?."` ? MEMO ? ATE A E: VE- jv A 0- C uo??z 0 Fig 4-4(r all hA-. r 6AAk 44f M'e?w- r? From: Cunh.c Ct r tau' - w ?V?d UJ? North Carolina Department of Environment, Health, and Nat ral Resources °? '*• ^ ` " • ? ? ?? Printed on F?ecycled Paper •? ? o - ` W? r(% i„ 1JJ? ` `? > \10 V it vo s>? MEMO DATE: TO: SUBJECT: 091?q -12, d- V-oQ From: R'm kwJ°^6GaG -.+ STA1F a North Carolina Department of Environment, Health and Natural Resources eg Printed on Recycled Pepei r T V ? architecture 666 N. Main PO Box 6112 High Point, North Carolina 27262 919-882-5950 Fax 919-882-5718 Michael R. Tye, RIR October 24 , 1993 architecture • planning • interior design Mr. John R. Dorney Dept. of EHNR State of North Carolina PO Box 29535 Raleigh, NC 27626-0535 D 9 0d?.. CT 2 81993 LO WETLANDS GROUP WATERQQLALITY SISR''P1, Re: Application to Remove Wetlands- 401 Certification Boyles Furniture Co. Guilford County DEM # 93854 Dear Mr. Dorney: In review of the above, your letter of October 18 noted the need to have additional information regarding the site: 1) A site plan; and 2) A stormwater plan addressing wet detention ponds. Enclosed is a preliminary site plan addressing both issues for your files. It indicates in a preliminary fashion the intended location for the building, related parking and drives, etc. You will readily appreciate that such development cannot take place without the reworking of the existing topography and the removal of the existing pond. The indicated location for the wet detention pond is predicated on the regrading of the minor wetland - an old pond site with breached dam- into the pond to mitigate runoff from the building development. I hope that this material is sufficient for your current review purposes for the 401 Certification. As the site is located very near a ridgeline and has only the man-made pond removal as an issue, we do not feel that there should be any other concern to be addressed. We intend to seek full permits for all construction when the project reaches the final design phase, and will submit pond design calculations, details, etc. through the proper authorities prior to construction. Thank you for your attention to this matter. If I can be of further assistance, please let me know. Sincerely, c A--- 7-111- Michael R. Tye, AIA cc: D. Riedlinger, R. Grant .?,...V COO \?' \ 1 G WO, X U) _ (< L \ p 1 Boyles Property • High Point," NC Preliminary Site Layout 1" = 200' Oct 24, 1993 architecture 666 N. Main • Hiah Point_ North Carnlina DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 November 15, 1993 IN REPLY REFER TO Regulatory Branch 0 ,111 0 NOV 1,993 Gj WETLANDS (4;'Ot),, 9NATEF QUki! CY Si•:' Action ID. 199400037 and Nationwide Permit No. 26 (Headwaters and Isolated Waters) PDN Boyles Furniture Co. 739 Lenoir Road Hickory, North Carolina 28603 Dear Sirs: Reference is made to the meeting of August 19, 1993, between Mr. John Thomas of the Raleigh Regulatory Field Office staff and Mr. Michael Tye of Tye Architecture at your property located at the south east quad of the intersection of I-85 Business and Riverdale Road, adjacent unnamed tributary to Deep River, High Point, Guilford County, North Carolina. The purpose of the site visit was to inspect the site for wetlands subject to Department of the Army permitting authority. The site visit revealed an existing pond (approximately 0.55 acre) and a drained pond downstream of the existing pond on the aforementioned tributary. Field test showed that the basin of the drained pond has grown wetland vegetation and meets criteria of soils and hydrology to be classified as a wetland. A quick field estimate showed this wetland area to be about 0.88 acre in size. Downstream of this drained pond, bank to bank of the unnamed tributary is jurisdictional all the way to the Deep River. Reference is also made to the permit application (PDN) for fill within the identified regulated waters and wetlands associated with a proposed building development. This application was received from Mr. Michael R. Tye of Tye Architecture (consultant f r pr-e- ) on October 4, 1993. The proposed project would impact approximatel 1.50 a7(res on the aforementioned unnamed/ above headwater tributary of Deep 'ver. 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 L -2- 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, involving adverse modification to 1.50 acres of waters of the United States located above the headwaters of the aforementioned tributary, is authorized by NWP provided it is accomplished in strict accordance with the enclosed conditions. Please be aware that this authorization does not relieve you of the responsibility to obtain any other required or local approval. You should contact Mr. John Dorney, North Carolina Division of Environmental Management, (919) 733-5083, to obtain the necessary Section 401, Water Quality Certification prior to starting work. 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 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 base to modify, suspend or revoke the authorization. Thank you for your time and cooperation. If you have any questions, please contact Mr. Thomas, Raleigh Regulatory Field Office, telephone (919) 876-8441. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure -3- Copy Furnished (with enclosure): Tye Architecture c/o Mr. Michael Tye 666 North Main Street Post Office Box 6112 High Point, North Carolina 27262 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 29535 Raleigh, North Carolina 27626-0535 Regional Office Manager North Carolina Department of Environment, Health and Natural Resources 8025 North Point Boulevard Winston-Salem, North Carolina 27106 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 October 18, 1993 Mr. Michael Tye TYE Architecture 666 N. Main St. P.O. Box 6112 High Point, N.C. 27262 Dear Mr. Tye: Re: Application for 401 Certification Boyles Furniture Co. Guilford County DEM #93854 ?EHNR On 4 October 1993, DEM received an application for certification for fill of 1.5 acres of ponds and wetlands for commercial development. We need additional information before we can process this application. Please provide 1.) a site plan showing why waters and wetlands must be impacted and 2.) a stormwater plan with wet detention ponds for the property. Until we receive this information, I will place this project on hold. For your information, DEM has 130 days to act on a completed 401 application; average time for a Nationwide Permit is about one month. I can be reached at 733-1786 if you have any questions. Sincerely, John R. Dorneyx- - 93854.on cc: Wilmington District of COE Central Files P.O. Box 29535, Raleigh, North Carolina 27626-01535 Telephone 919-733-7015 FAX 919-733-2496 An i_qual Opportunity Affirmative Action Employer 5096 recycled/ 10% post-consumer paper MEMORANDUM P RINT NAMES: Q_ Reviewer: _ ;, TO: John Dorney Wo Supv.: d Planning Branch DATE: 6 SUBJEC : WETLAND STAFF REPORT AND RECOMMENDAI' ION._ ***EACH ITEM MUST RE. ANSWERED (USE N/A FOR NOT APPLI CABLE) PERMIT YR: 93 PERMIT NO: 0000854 COUNTY: GUILFOR o APPLICANT NAME: BOYLES FURNITURE. CO. PROJECT TYPE: COMMERCIAL FILL PERMIT-_TYPE: NW26 COE_# : DOT-#: CDA: APP RCD FROM DATE FRM CDA: 10/04/93 _ _ RE( OFFICE: WSW) RIVER _AND _ - SUB _-- BASIN_-_#: ?_11Y ?.?•.w,r STREAM CLASS. I.MPACT 2 : ON WI., WI,_--TYPE: .__ WL_REOTTESTED: W.L, _ACR__EST'? : Y10 WL.__S(:'OR.E(#) : (D,a 41- / U ?/ WATER rMPA(..'TF:D BY 1-411J,?: ON HYDRO_('.NECT? : Y&N 0 MITIGATION?: Y)G d .? MITIGATION TYPE: MI`?'IC?AT:I()N SIZE: , '4. I?u? ?pzc >,/? /?L ?f ,1 ?Q? ° I •?+-? ? 1 _-. p yz.... J? .. ? ? ' C" ti cJC dY?,.G. it . IS WETLAND F ATING 'HEFT ATTACH}?D:: N -Fo, j.ec? JJJ R.ECOMMENDA'I:'ION (C_i rcl , Ono): I ;,.,UF `L'=.3U? DENY COMMENT: L7---? ?-c•_.• _/-ey'_?.-_.?'1LR? _ ._f_??t???"1- l.L..?1_.._!'Ce-?__ _4'' U ?+u___..(:G!•??_?-_ _ _.. Of f i ce ttt r_.tl e j? ,?? ?Y» mot,/ V N e -- i s 4n, s y rf1v?L,4 /.?1? cLc?.•Pv-f0 r ,'r cj m • .F:v. 11,1/ Project na *1P 4 e ^ • ?-- '? Nearest road A ' ? County <? ?^ Wetland area ,• S acres Wetland width d-? feet Name of evaluator _?' -1Z.- Date ,J // V r? S • Wetland type (select one) [13' Other- ?' S ? r - ? Swamp forest ? Shoreli e • ? Bottomland hardwood forest ? Brackish marsh ; ? Carolina bay ? Freshwater marsh ? Pocosin ? Bog/Fen • ? Pine savannah ? Ephemeral wetland ? Wet flat • The rating system cannot be applied to salt marshes. Water storage sum • Bank/Shoreline stabilization x 4.00 - # • Pollutant removal # Sensitive watershed Travel corridor x 1.50 - ? Werland score. . Special ecological attributes ?- . . Wildlife habitat p x 1.50 = • Aquatic life value - ........... • . . • V \ Q? Recreation/Education ?_ • -? • Economic value f x 0.25 - - ? ? • • • • • • • • • • . • • • • • • • • • • • • • • • • • • • s • • • • • • • • • • • • •,• • • • • • • ?) E ? Hydrologically connected ? Hydrologically Isolated ; i J T Y E`, architecture 666 N. Main St. PO Box 6112 High Point, North Carolina 27 2621 919-882-4439 Fax 919-882-5718 Michael R. Tye, RIR architlec?ure • planning • interiors 1 l- ? October 01, 1993 WATER QUALITY PLANNING DIVISION OF ENVIRONMENTAL MANAG NC DEPARTMENT OF ENVIRONMENT, F- AND NATURAL RESOURCES PO Box 29535 Raleigh, NC 27626-0535 ATTN: Mr. John Dorney Re: Boyles Furniture Site, Guilford County, NC Dear Sirs: Enclosed are seven (7) copies of a completed application form for the removal of wetlands on the referenced property, per your regulations. I understand that this will be acted on in a minimum of 30 days. As this wetlands removal consists of of removing old man-made farm ponds on property adjacent to a major highway, we would anticipate your approval of this action, and will assume such unless we hear otherwise fro you in the review period specified. Thank you for your help with this. Sincer ly, Mi hael R. Tye, AIA cc: D. Riedlinger 0 R 01•I " qv? ? C-; q 99.22.1993 98158 f10, 1 P. 4 DEM 1D: AC'I'10N ID: Nationwide Permit Requested (Provide Nationwide Permit f9): 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 WATER QUALITY PLANK CORPS OF ENGINEERS DIVISION OF ENVIRO ?`" !-4 Y'M' 1?-J DEPARTMENT OF THE ARMY NC DEPARTMENT OF'E ; P.O. Bok 1890 AND NATURAL RESOURC Wilmington, NC 28402-1890 P.O. Box 29535 ??; ;?) !:i ATTN: 'C1;SAW-CO-E Raleigh, NC 27626-0535 Telephone (919) 251-4511 ATTN: MR. JOHN DORNE Telephone (919) 733-5083 WETLANDS GRi Ti ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SE WATER UAI_ITY 6F ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT. PLEASE PRINT. 1. Owners Name: _ 1>0?04-S FP%Z N I MC6 C-p 2. Owners Address:, _7_ I. ?N OI2, t?rA.? t t G ??? N z a003 - 3. Owners Phone Number (Home): (Work): ?501 D 4. If Applicable: Agent's name or responsible corporate official, address, phone number: "ANN sT. I-h l? it ?? NT , t?1 C 23 6, 2 ?R I -- 882 515o 5. Location of work (MUST ATTACH MAP). County: DUI L FwaD Nearest Town or City: 41 Fes[{ r-b r ?Jr Specific Location (Include road numbers, landmarks, etc.): A rPJAGE?.Tr -M I NT1G2S6GtLON O'- ?s 2 a - 70 6. Name of Closest Stream/River: _ :F-?gP RI Vt P, 7. River Basin: CAP\VZ S 115 project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO [A 9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO V] If yes, explain. _ 10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: W ATE s or-1. .5. = a. 4G X c W fTLA NnS - 58 A-c ? ? I off. ?. 11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: Filled: - I A ¢ L? Drained: c>. 4- (a P ems. ? >?? Flooded: ;I Excavated: -- ; Total Impacted: . 5D AG?.E S r p 01.1 09,22,1993 08,59 Ho, I P. 5 12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): OW Nl?'2 e2ot4OSrS TD '172A.t N &-+J0 r- I1.1. fi2M Po fJ -V_ ANt? 21ECs?vt< 51TL Tp ?L1 M! ?"(? "IZKA 13. Purpose of proposed work: Gomm&eciAlt. 51Tf- 14, State reasons why the applicant believes that,this.activity must be carried out in wetlands. Also, note measures taken to rrururuze wetland impacts. ? ? 1-aCATlota ©r- Pin gEr,}b W??.p S R?sT V ?+,o p C cam st??. 1orc ConNt n Vc cw L- 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 critical habitat in the permit area that may be affected by the proposed project. Have you done so? YES [A NO[ j 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 [X] NO[ I 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? _ 96T I t. '? S ( Ky cemge4Y (w) G2 UP.r22Y (5? ,66C, 00 F. If applicable, what is proposed method of sewage disposal? _PUb1.l C St_wElm . Owne ' lgnature Date '.z 'N 'fi'ee 1 I? ?S oa - 9a § _.J% ins" 7 / nio z 0 a- V 2 Boyles Furniture Site Guilford County, NC Scale:.1 "= 52801(1 mile) VICINITY MAP October 1, 1993 I , I G S) ? t? ni 7 4ii A Ti Ir/ --`"-SbS312{ 3 ----$30 'iSiS 4 d kU& Z 0 Q lYL C U Z a w :i t ? u. i ? \. ;\' ?\ ` .\ ` '?_ -- - -_ I ? -'??f_f/? ./lam /i 1 I., R a / n ?r M'- O 'p? -- ? . )1?`•, ,?, ,', _ -moo ?, ? l •) ? ?." Mi. Z \ / ? \ J 1?S ( W ?1 Q .. • . •' 1, ? ?'? ?,,. \ \ \ Q ''•? -li Boyles.. Furniture Site Guilford County, NC Scale: 1"= 200' MAP OF WETLANDS REMOVAL October 1, 1993