HomeMy WebLinkAbout19940311 Ver 1_COMPLETE FILE_19940405State 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
April 19, 1994
Barrus Construction Co.
Division of APAC-Carolina, Inc.
P.O. Box 399
Kinston, N.C. 28502
Dear Sirs:
Subject: Proposed fill in Wetlands or Waters
Asphalt plant renovation
Pender County
DEM Project #94311
ID FE F=1
We have reviewed your request for 401 Water Quality Certification to
place fill material in 0.51 acres of wetlands or waters which are tributary to
Northeast Cape Fear River for asphalt plant renovation located at Rocky Point
asphalt plant in Pender County as described in your submittal dated 5 April
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. Applicant is
reminded that a stormwater management plan will be required under the coastal
stormwater rules.
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.
If you have any questions, please contact John Dorney at 919-733-1786.
Sincerely, -eston Howard, Jr l P . F..
11/
94311.ltr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional. Office
Mr. John Dorney
Central. Files
Bill Bur.nette; Coastal Environmental Services
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
March 21, 1994
IN REPLY REFER TO
Regulatory Branch
Action ID No. 199401974
Ms. Virginia C. Williams
Box 307
Burgaw, North Carolina 28425
Dear Mr. Harrison:
Reference is made to the survey plat dated February 1994, of the property
owned by Ms. Virginia C. Williams, located on S.R. 1636 and S.R. 1517,
approximately 1 mile south of Interstate 40 and N.C. Highway 210, Rocky Point,
Pander County, North Carolina. The site drains into an unnamed tributary of
the Northeast Cape Fear River. The survey plat accurately reflects the limits
of wetlands on the property. Unless there is a change in the law or our
published regulations, this determination of the limits of wetlands may be
relied upon for a period not to exceed February 1997.
Pursuant to Section 404 of the Clean Water Act, prior Department of the
Army approval is required for the discharge of dredged or fill material in
waters of the United States, including wetlands.
If you have questions, please contact Mr. Rudolf Schiener, Wilmington
Field Office, Regulatory Branch, telephone (910) 251-4629.
Sincerely,
ORIGINAL SIGNED BY
G. Wayne Wright
Chief, Regulatory Branch
Copies Furnished:
Mr. Thomas Walborn, Chief
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory unit
345 Courtland Street, N.E.
/Atlanta, Georgia 30365
V Mr. William Burnett
Coastal Environmental Services Co.
7151 Market Street
Wilmington, North Carolina 28405
Mr. Chat Harrison
Barrus Construction Company
Post Office Box 399
Kinston, North Carolina 28502
,. •
DEM 111 ( 1 -))) / ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #):
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 PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAG
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, HE, APR 5 1994
P.O. Box 1890 AND NATURAL RESOURCES -
Wilmington, NC 28402-1890 P.O. Box 29535 -
ATTN: CESAW-CO-E Raleigh, NC 27626-0535 WETI_ANT, `
Telephone (919) 251-4511 ATTN: MR. IOHN DORNEY ?_ 1NATEI? QU ,
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: 2P9Ru S Cy?STCZ.LIGIyOI?I CAD. I UtL'( 166 d?F ?1?'?}? C'_{ OL111? SIC.
2. Owners Address: PO• g0 ?q l NSTt? t4111 c:il p18,50?_.
3. Owners Phone Number (Home): (Work): ct vl SOD
4. If Applicable: Agent's ame or responsible corporate official, address, phone number: (q ?o
(7
0- 0 M-t c. V-_0 v\ P1oN orvr-- W t +,?S V(Cr_-- S co,
`Tt,'?;-I `(te-- off' 40?
5. Location of work (MUST ATTACH MAP). County:
Nearest Town or City: Roc{--q Pc)% N T
Specific Location (Include road numbers, landmarks, etc.): O C-A-s sc--
6E-J?--.- - OF-- W C sP, W3 (e --C 0(4) S? 117 A k b r--4s-r
Ov= _r -40 0Vl-? of NCS?- 2ld P-f? C2,0 ui-- , ?lL
6. Name of Closest Stream/River: ?4U QST?'???
7. River Basin: r---
Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO X
8.
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO X If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
0, S I A<,- -J--
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 60 q G A G
Drained: N A
Flooded: N A
Excavated: 0.O a G FOR CA-W T o? o N D)
Total Impacted: O • i A G - /
..
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): WOR114< CdNS 1??
O T:? RI.wW -- O A(o ?1'G ? ??R'?9.R'Ct l?l Cam-- C7.6S X- r--
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13. se of proposed work: ?l GC PmolJ ol:= i?M??` Te ON ASI to
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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[ ] 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 / n
properties in the permit area which may be affected by the proposed project? Have you done so? YES [ ] NO[
]
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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. (.buylS?Rt?kx
E. What is land use of surrounding property? N - aF_ST '? ?j : (N DuS-.% it L j = yGil
F. If applicable, what is proposed method of sewage disposal? Pt1C- I-Pr <
Owner's Signature
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DATA FORM
ROUTINE WETLAND DETERMINATION
(1 987 COO Wetlands Delineation Manual)
Proleot/Slte: Pd I I,fr A-5P , r Pt4v? S M
Applloatnt/Qwner: ,
Inves9gatort u u
Do Normal Ciroumstances exist on the site? No
Is the Site slgniflcantly disturbed (Atypical Situation)? &No
10 the are a potential Problem Area? Yes
_ of needed explaln on reverse.)
Date: Z7
County:
Statel .
Community Idles
Transect 10:
Plot ID:
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11ert1erkar
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Add Obomsdon•
T?xenom (dub ro h Confirm Mapped T o? Yes No
?Ia.?Ifrtsulsld_
Depth Matrix *Color Mettle Colors Mottle Tawte, Conorst)on•,
AghuL M"Zon ? tmunaall Molvil Imunvall Me12111 Ahundehafa(CQntM $tmatuge, atc.
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0011
WIETLAND OffrUMINAMON
'wvdriphytlo Vegetation present? No (Cirol•) ' (Olrele)
Wetland Nydrelaoy Fresent? No
Hydrlo Sao rroewd SNo Is We Genlpang Point Whin a Wetland? Yee No
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COASTAL ENVIRONMENTAL SERVICES CO. -4
ENVIRONMENTAL CONSULTING
7151 MARKET STREET WILMINGTON, NC 28405 (910) 686-9617
Mr. John Dorney
Wetlands Review Unit
Water Quality Planning Section
NC DIVISION OF ENVIRONMENTAL MANAGEMENT
P. 0. Box 29535
Raleigh, NC 27626-0535
RE: Nationwide 26 Permit Application &
Application For Section 401 Water Quality
Alteration of 0.51 Acre of Wetlands
Barrus Construction Company
Rocky Point Asphalt Plant Site
NCSR 1636, Pender County, NC
Dear Mr. Dorney:
March 30, 1994
F
Certification
Transmitted herewith are seven (7) copies of the subject
application with accompaning maps and supporting data for the subject
project. Please process this application as a Nationwide Permit with
a Water Quality Certification. Also, by copy of this letter we are
sending one (1) copy of the same submittal package to the US Army
Corps of Engineers for joint processing.
The wetlands to be impacted by construction actions are located on
a 7.363 acre site which is developed as an asphalt batch plant. The
proposed actions involve the relocation of an existing sedimentation
basin and material stockpiles to accomodate a rock crusher unit on the
site. Site space constraints and physical limitations require the
proposed actions in the wetlands so that the plant can reach its full
optimal production level for a key transportation project in SE North
Carolina. This asphalt plant site will be used to generate asphalt
mix for the resurfacing of Interstate 40.
The southeast portion of the site contains 0.51 acre of wetlands
which have been delineated by the undersigned. The wetlands
delineation has been approved by the US Army Corps of Engineers. A
reduced copy of the surveyed/approved wetlands delineation map and the
data sheets accompany each copy of the application. One full size
copy of the approved wetlands delineation plat is also enclosed for
your information and use.
It is the professional opinion of the undersigned that the
wetlands on this site were "created" by past grading actions at this
site whereby favorable conditions were created for the growth of
faculative wetlands vegetation east of a berm of higher ground. The
ecological value of the wetlands area is deemed to be very low given
its recent origin from predisturbance of the site. The proposed loss
of 0.51 acre of "low value" wetlands is not deemed significant. The
wetlands are above the headwaters of the Northeast Cape Fear River and
there is no direct physical hydraulic connection between this small
wetland area and the river system.
ENVIRONMENTAL AUDIT/RISK ASSESSMENTS * UST CLOSURES AND COMPLIANCE *
SITE REMEDIATION * PERMITS * WETLANDS DELINEATIONS * EAVEIS PREPARATION
Mr. John Dorney, NCDEM
March 30, 1994, Page 2.
In a related action, Barrus Construction Company has applied for a
minor modification to the approved Sedimentation & Erosion Control
Plan for the site. The proposed sedimentation and erosion control
measures are detailed in a letter to the Land Quality Section of NCDEM
dated March 25, 1994. Attached is an information copy. Such measures
are designed to mitigate any impacts to the drainage ditches which
surround the site. Thus, no siltation or other impacts from the
proposed construction actions are indicated.
We trust that the information in this letter, that in the
accompaning application and in the attachments meets your needs at
this time and will result in the timely issuance of a Nationwide 26
Permit and Water Quality Certification for this site. Please contact
me or Mr. Chet Harrison of Barrus Construction Company at 919-527-8021
if you have any questions concerning this submittal.
Thank you.
Sincerely,
'•
COASTAL ENVIRON •'•
`'?;'' : r` r ?
\
c7 WILLIAM E.
Wi 11 i am E . Burnett c 6UftNE7T
President/CEO ;u REP rj)
Registered Environmental Professional 4094
WEB/bb '.
Attachments
cc: Mr. Chet Harrison, Barrus Construction Company
US Army Corps of Engineers, Wilmington District
COASTAL ENVIRONMENTAL SERVICES CO.
ENVIRONMENTAL CONSULTING
7151 MARKET STREET WILMINGTON, NC 28405 (910) 686-9617
Mr. Daniel Sams, PE March 25, 1994
Regional Engineer
Land Quality Section
NCDEM
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Minor Modification To
Approved Sedimentation & Erosion Control Plan
Rocky Point Asphalt Batch Plant
NCSR 1517, Rocky Point, Pender County, NC
Facility Owner/Operator: Barrus Construction Co.
Div. APAC-Carolina, Inc.
Kinston, NC.
Dear Mr. Sams:
Reference is made to the existing Sedimentation & Erosion Control
Plan for the subject site which was approved by your office on March
28, 1989.
Please accept this letterform application for a minor modification
of the subject plan. Included with this submittal is a current
Financial Responsibility/Ownership Form and a check in the amount of
$40.00 to cover the permit modification fee.
The proposed modifications involve the relocation of the existing
sedimentation basin from the eastern portion of the site to the
southeast corner of the site and some minor regrading of the site.
Most of the regrading activity will take place in the southern portion
of the site where the existing berm on the southern portion of the
site will be replaced by a permanently maintained silt fence. In
addition, the general surface elevations will be altered slightly to
afford drainage to the relocated sedimentation basin.
The reason for these internal site modifications is to accomodate
an additional piece of equipment on the site (rock crusher) and to
permit some of the existing material stockpiles to be relocated for
optimal plant operations. These minor alterations will result in the
disturbance or redisturbance of approximately 1.52 acres of the
existing site. The enclosed revised site plan shows the modifications
to the approved Erosion & Sedimentation Control Plan that will
accomodate the internal site manipulations that have been described.
Please note that all the proposed manipulations are to take place
within the confines of the existing site as defined in the original
approved plan. Also, the basic size of the sedimentation basin will
not be changed as a result of this action. However, please note that
it will be relocated into an area of the site that contains delineated
404 wetlands. Barrus Construction Company has received approval of a
ENVIRONMENTAL AUDIT/RISK ASSESSMENTS' UST CLOSURES AND COMPLIANCE •
SITE REMEDIATION ' PERMITS 0 WETLANDS DELINEATIONS " EA/EIS PREPARATION
Mr. Daniel Sams, PE
March 25, 1994, Page 2.
wetlands delineation by the US Army Corps of Engineers (copy of the
approval letter and approved wetlands delineation survey enclosed).
In a separate, but related action, a Nationwide 26 Permit has been
applied for the excavation of the relocated basin partly within the
wetlands area defined on the site plan. No actions to relocate the
sedimentation basin will take place until the Nationswide Permit is
issued by the Corps of Engineers.
As a part of the planned modifications, the existing periferal
drainage ditches which surround the site will remain unaltered and
will not be impacted by the modifications. Following the regrading of
the site, any of the designated buffer areas that may have been
disturbed will be reseeded and mulched in accord with the existing
approved plan. Permanent silt fences will be erected in areas where
relocated material stockpiles may come in close proximity to the open
drainage ditches.
Your early approval of this request would be appreciated. Please
contact Mr. Chet Harrison of Barrus Construction Company at
919-527-8021 if you have any questions concerning this submittal.
Thank you.
Sincerely,
COASTAL ENVIRONMENTAL
William E. Burnett
President/CEO
Registered Environmental Professional
Enclosures
qa WILLIAM E. Y
c BURNETT
Y REP
' 4094
cc: Mr. Chet Harrison, Barrus Construction Co.
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