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HomeMy WebLinkAbout19950839 Ver 1_COMPLETE FILE_19950817J* MARZIANO & MINIER, P.A. 919 South Cox Street, Suite B. Post Office Drawer 2048, Asheboro, North Carolina 27204-2048 CONSULTING ENGINEERS Phone: (910) 629-3931 FAX: (910) 629-3932 August 15, 1995 Mr. John Dorney NC Dept. of Environment, Health, & Natural Resources 4401 Reedy Creek Road Raleigh, NC 27607 Re: Colonial Country Club Dam Dear Sir: HiRm J. MARz1AN0, P. E. JAMES BmNs, P. E. (Assoc) EvAN R. MINTER, P.E.(RETIREU) 401 RECENED Ng; 16 \995 ENV(RON?N? A^uC1ENCES Enclosed you will find an application for a permit to flood 5.2 + acres of wetlands during the reconstruction of the lower Colonial Country Club Dam. We are attaching copies of the following: 1. Erosion control permit. 2. Copies of an overall plan showing the wetlands. 3. Copy of the erosion control plans. 4. Copies of the application form. We hope the above information will be sufficient for you to issue us a permit in order that we can begin construction of this project. Sincerely yours, ??,?Q ^ c James F. Bivins, P.E. enclosure REPLY TO ATTENTION OF Regulatory Branch Action ID. 199504562 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 August 30, 1995 RECEIVED Colonial Country Club c/o Mr. Brad Thomas SEP Iq 11995 1501 Colonial Country Club Drive Thomasville, North Carolina 27360 EN""NMENTALSCIENCES Dear Mr. Thomas: Please reference the July 10, 1995, onsite meeting between Mr. Jim Bivins, engineer for the project, Mr. Larry Sink, wetland consultant, and Mrs. Jean Manuele of my regulatory staff and your subsequent application of August 14, 1995, for Department of the Army authorization to discharge fill material within waters of the United States, causing adverse impacts to 5.68 acres of wetlands adjacent to an unnamed tributary to the Uwharrie River, for reconstruction of a lake at the Colonial Country Club, located northeast of Thomasville, in Randolph County, North Carolina. We have determined that your proposed excavation, filling, and flooding activities will result in more than minimal adverse environmental effects. The emergent marsh/scrub-shrub wetlands which will be impacted, occurring within the relic lakebed, perform significant water quality functions by filtering runoff from approximately 260 acres of land - much of which consists of developed golf course and residential properties. These wetlands trap sediment and toxicants, filter pollutants, absorb chemicals and nutrients, and provide for nutrient cycling. Of lesser significance, these wetlands provide suitable habitat for various species of wildlife, including reptiles and amphibians. You are hereby notified that your proposed discharge of fill materials into waters of the United States, as described in your pre-construction notification received August 17, 1995, does not qualify for nationwide permit authorization. Should you wish to further pursue Department of the Army permit authorization, you have the options of either applying for an individual Department of the Army permit or reapplying for nationwide permit authorization with the submittal of a mitigation proposal which reduces adverse effects to the minimal level. However, my staff has suggested that you consider the restoration and expansion of relic littoral shelves, which occur along the gently sloping edges of your proposed lake, that would provide water quality functions similar to those currently being performed by the existing wetlands. Although mitigation was discussed during the above- mentioned meeting, a specific acreage was not addressed. If mitigation is included in a modified proposal, all final details of the mitigation plan must be submitted with the proposal, including a monitoring plan and success criteria. Questions or comments may be addressed to Mrs. Jean B. Manuele, Raleigh Regulatory Field Office, telephone (919) 876-8441, extension 24. Sincerely, G. Wayne Wright Chief, Regulatory Branch 50" a Pnnted on IS R"ded Paper -2- Copies Furnished: Mr. James F. Bivins, P.E. Marziano & Minier, P.A. Post Office Drawer 2048 Asheboro, North Carolina 27204-2048 Mr John Dorney ter Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Honorable Lauch Faircloth United States Senate Washington, DC 20510-3301 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 APPROVAL of 401 Water Quality Certification Colonial Country Club 1501 Colonial Country Club Drive Thomasville, N.C. 27360 Dear Sirs: IF A14 D FE r**-.J F:::).' August 21, 1995 Randolph County DEM Project # 95839 FILE COPY You have our approval to place fill material in 5.60 acres of wetlands or waters for the purpose of reconstructing Colonial Country Club dam next to hole #5 of Colonial Country Club, as you described in your application dated 16 August 1995. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 2745. This certification allows you to use Nationwide Permit Number 3 when it is 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 adjudi6atory 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. 276 1 1-7447. 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 J??y at 919-733-1786. Jr. P.E. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office Winston-Salem DEM Regional Office Mr. John Domey Central Files Jim Bivins; Maraiano & Minier 95839.1tr 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 ncuili I U1 1U IVaTUral 11esourcos Winston-Salem Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Leesha Fuller, Regional Manager E H NFZ A011 ?SSUFG - DIVISION OF LAND RESOU7ZCES LAND QUALITY SECTION June 12, 1995 LETTER OF APPROVAL WITH MODIFICATIONS Colonial Country Club 1501 Country Club Drive Thomasville, North Carolina 27360 Attn: Brad Thomas Dear Mr. Thomas: This office has reviewed the subject sedimentation and erosion control plan. We find the plan to be acceptable and hereby issue-this letter of approval with modifications as listed on the enclosed page. Be advised that Title 15 NCAC 4B.0017(a) requires that al copy of the approved erosion control plan be on file at the job site. Also, you should consider this letter to give the Notice required by GS 113A-61(d) of our right of periodic inspection to insure compliance with the approved plan. North Carolina's Sedimentation Pollution Control Program is performance oriented, requiring protection of the natural resources and adjoining properties. If following commencement of this project it is determined that the plan is inadequate to meet the requirements of the Sedimentation and Pollution Control Act of 1973 (North Carolina General Statute 113A-51 through 66), this office may require revisions to the plan and its implementation of the revisions to insure compliance with the Act. Please note that this approval is based in part on the accuracy of the information provided in the Financial Rasponsi hi 1 i ty Form which yc» hnvo prnvi dad . Ynu nra ragiiai3fad 1.r, r 1 I h nil niriono d turm It there In any change in the informntion i no l udel nn the tnrm t Tn 4111 t 1 nn, It w9u l l ho hp 1 pf u 1 If yell tloUty thih 006b tit the proposed atAkting dAtO for this project. Pleasib notify us if you plan to have a preconstruction confarPnaP, wA will plnn to nt-tpnd. 685 WoudhtoWh'3treet. Wlr»totl 3aletii. Ncxiti Ccuollna 27107-2241 Telephone, -4631 An Equal Op?ortunMy ArflrmoNvo Abfldh Fm to er P Y 60% recycled/ 1 . I j ' t:: ?•j: V . yj t ?? 1r p? ilk Colonial Country Club Page 2 June 12, 1995 "The land-disturbing activity described in this plan may be subject to the approval of other Local, State or Federal agencies. This could include the Division of Environmental Management under storm water or water quality regulations, the U.S. Army Corps of Engineers under Article 404 jurisdiction, county, city or town agencies under other local ordinances, or other approvals that may be required. This approval cannot supersede any other permit or approval." Please be aware that if more than five acres are to be disturbed by this project, you will need to submit a Notice of Intent (NOI) for coverage under the general stormwater NPDES Permit for construction sites prior to beginning any land disturbing activities. Before submitting the NOI, you should first become familiarized with all of the requirements for compliance with the general permit. When submitting the NOI, a copy of this letter of approval needs to be attached. Your cooperation is appreciated and we look forward to working with you on this project. Sincerely, Matthew E. Gantt, E.I.T. Assistant Regional Engineer MEG/dcl Enclosure PROJECT NAME: Colonial Country Club Dam LOCATION: Randolph County SUBMITTED BY: Marziano & Minier, P.A. DATE RECEIVED: May 31, 1995 MODIFICATIONS REQUIRED FOR APPROVAL PROJECT NAME: Colonial Center Club Dam LOCATION: Randolph County SUBMITTED BY: Marziano & Minier, P.A. DATE ?,ECEIVED: May 31, 1995 1. A rock check dam is needed in the old stream channel to prevent sediment loss from pipe installation. NOTE: This Certificate of Approval is performance oriented. Some changes may be required for permanent stabilization. JJ c.•i w: AL 11UN 1D: 1?ation'"Jde perrnit Requested (Provide Nationwide Permit #): JOINT FORA'I FOR Nation'"-ide permits that require notification to the Corps of Engineers Nationwide permits that require application for Section 401 certification 'MI-NUNGTON DISTRICT ENGINEER CORPS OF ENGINEERS DEPARTMEI,,'T OF THE ARMY P.O. Box 1890 Wilmington, NC 28402-1890 ATTN: CESAW-CO-E Telephone (919) 251-4511 DIVISION OF ENVIRONMENTAL MANAGEMENT NC DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURA_7. RESOURCES ENVIRONMENTAL SCIENCES BRANCH 4401 Reedy Creek Road Raleigh, N.C. 27607 ATTN: MR. JOHN DORNEY Telephone (919) 733-1786 aNE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIN9SION OF ENVIRONMENTAL. MANAGEME\i. ?LEASE PR-lNrr. Owners Name: colonial Country Club Owners Address: _1501_ Colonial Country Club Drive, Thomasville. NC 27360 Owners Phone Number (Home): (Work): gain-R41-s7-ii If Applicable: Agent's name or responsible corporate official, address, phone number. James F Bivins Marziano 5 Minier, PA, P. O. Box 2048, Asheboro, NC 27204 Phone: 91)-629-3931 Location of work (MUST ATTACH MAP). County: _ Randolph Count,/, NC gearest Town or Cite: Thomasv ipecific Location (Include road numbers, landmarks, etc.):_ Located in the NW Corner of Randolph Co. on SR 1840 approximately 0.75 miles from the intersection of Finch Farm Road(SR 1547) and SR 1843, also located next to Hole #5 of Colonial Country Club Name of Closest Streanv?iver: Uwharrie River River Basin: Yadkin S. Is this project located in a watershed classified as Trout, SA, HQ«', ORW, WS I, or WS H? YES [ J NO V ) ?. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO ] If yes, explain. 0. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 22 acres of existing lake, 8 acres+ of wetlands .1. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: F-rlled: 0.32 Acre under dam Drained : Flooded: 5.28 acre in Lake Excavated: Total Impacted: 5.6o Acres See Attachment 41 (Man of Project) and Attachment #2 (Description) 13. Purpose of proposed work: To replace an existing 60+ year old dam that was breached under order of the State of North Carolina 14. State reasons why the applicant believes that this activity must be carved out in wetlands. Also, note measures taken to minimize v,-cdand impacts. weal anti-, are hel nw the of cl exi sting water line 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 [ ] N%) 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[ 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 stormvvater management plan is required for this project, attach copy. E. What is lznd use of surrounding property? Residential, Golf Course, Farm Land F. If applicab;e, what is proposed method of sewage disposal? N/A wner's Signature Date ATTACHMENT 2 NATIONWIDE PERMIT APPLICATION FORM TO IMPACT 5.60 ACRES BY REFILLING A PREVIOUSLY DRAINED LAKE BED In late 1990, the Owner of the lake paralleling Colonial Country Club Golf Hole No. 5 received a Notice of Deficiency concerning a sink hole that had developed on the lower face of the dam, The Owner at that time drained the lake and then breached the dam in order to reduce the potential liability. Being that the lake was owned basically by two parties it has taken approximately 4 years for Colonial Country Club to get the agreements of all parties for them to repair and replace the dam. This lake effects three holes along the Colonial Country Club Golf Course, therefore, it is of the utmost concern of all the members to restore the lake to its original elevation. Apparently, the lake was built in the 1930's or 40's. It is hard to get an exact date on it and then the golf course was built around the lake in the 1970's. In this area of Randolph County the wetlands on the small unnamed tributaries generally consist solely of the width of the branch or creek. We recently completed a golf course approximately 7.5 miles away from this site where we delineated the wetlands prior to start of construction. On this site, the wetlands consisted primarily of the creek banks which averaged from five to ten feet wide throughout the project. I would have expected the original wetlands in this project to consist of approximately the same type and to have been much less than what is currently showing up in the bottom of the reservoir. One reason for this is the method of constructing an earthfill dam. As you are aware, the normal procedure is to remove material from within the reservoir site itself for the utilization of the dam embankment. When this is done a lot of holes or irregular areas are left in the bottom of the reservoir that are subsequently flooded and covered by the lake itself and therefore posed no problem. In fact, these irregular areas actually help the fish population. However, when a pond is drained, these irregular areas then become traps for water and intact do become wetlands over a period of time which has what has occurred in the last four years on this site. Also, a drained lake will have a lot more wetlands in the upper end of the lake due to silting in over a period of time. Therefore, it is my opinion that the original site contained much less wetland than the current 5.6 acres that we are showing at the present time. With all of the above in mind, we feel that it is not unreasonable to request a permit to flood these wetlands back to the original water elevation without any form of mitigation being required Delineation Performed by: Soil and Environmental Consultants, Inc. 244 W. vlillbrook Road,,, Raleigh, NC 27609 1,;. , . _. , ., .•: . Ph: 919/846-5900 .. . T.. 1 DATA PORIM /?•x ?< ROUTINE WEI'EAND'DI Ttk&IINATTON ot.6 p° ?? s • r ? (1987 COE Wetlands Delineation Manual) Project/Site: CpLO N/?CaN-?>??t3 Date: ?Z714 .S Applicant/Owner. C6L!/tO AL C614ti7-ay C,&tJ,6 County. 4/V0 U Investigator. Sd fL L . f n/l? State:' tate: NL .l s.?yle till .s,?{ ? Do Normal Circumstances exist on the site? ) No Community ID: is the site significantly disturbed So ?"- U li"/ - e Y (At-v ical Situation)? No rransect ID: ?e.' Is the area a potential Problem Area? Yes ? Plot ID. ? (If needed, explain on reverse.) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Svecies Stratum Indicator 1 G Lf s 2 ?, ?? ti 7-, i-,q c fit. 2 a Gh 3 LL % rC C T,e - 4.C/I/Z-Y/9 G aa?/FaR?? -r ee ?A L 5. u OR A??j -T c c to C..? 6.6Nkj AE bA Tr, e lA+c 7. 8. 9. 10. 11. M 13. 14- 15. 16. Percent of Dominant Species that are OBL, FACSV or FAC (excluding FAC-). :::-- 2 D `a Remarks: HYDROLOGY D 1?14 Recorded Data (Descnbe in Remarks): Stream, Lake, or Tide Gauge Aerial Photographs Other No Recorded Data Available Field Observations: Depth to Surface Water. (in.) Depth to free Water in Pig (in.) - I, _ Wetland Hydrology Indicators: Primary Indicators: Inundated Snturatrd in Upper 12 inches Water Marks Drift Lines Sediment Deposits Drainage Patterns in Wetlands Secondan, Indicators (2 or more required): Oxidized Root Cliannels in upper 12 inches Water-Stained Leaves 1' - hti.l S?/?h SOILS Map Unit Name 1 (Series and Phase): P, c- yl e, ( `?) Drainage Class: We Taxonom y(Subgroup)y,D Field Observations Confirm Mapped Type? Yes No Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (ins.) Horizon fflunsell Moist (Munsell Moist) Abundance /Contrast Structure etc. 7r ?- S-z6 12 "q- VA {mow ?av?c "/j, clT / d? ??? -a- - ?D'-? -?!_ - 2 5 Y ? 7 Sy7? c t.,,..?- / h kz- 61c -7 j It Ct/r^w'r._ /d`/L6Iy_ 1-.i YL6?4 Hydric Soil Indicatory v Histosol Histic Epipedon Sulfirik Odor Aquic Moisture Regime Reducing Conditions Gleyed or Low-Chronla Colors Remarks: ql?' z "'Q r-JJ S ) 1-.F Concretions High Organic Content in Surface Layer in Sandy Soil Organic Streaking in Sandy Soils Listed on Local Hydric Soils List Listed on National Hydric Soils List Other (Explain in Remarks) Wetland Determination Hydrophytic Vegetation Present? Yes (Circle) Is this Sampling Point Within a Wetland? Wetland Hydrology Present? Yes (Circle) Hydric Soils Present? Yes Yes Qo Remarks: Delineation Performed by: Soil and EnvironmentAl tii iilt?%lthi; Inc. 244 W. Millbrook Road Raleigh, NC 27609 f Ph: 919/846-5900 1 DATA FORM ROUTINE WETLAND DETERMINATION 0/'0 Po" b s)TE (1987 COE Wetlands Delineation Manual) Project/Site: CoZmi A / C a. Yry C(Ad - Ph.-N.,( Date: j Applicant/Owner:_Cn/an; . / ?.>wtfrv (a County: Investigator. ?. F r - / .Sisk State: Al Do Normal Circumstances exist on the site? G No Community ID: Is the site significantly disturbed So n, e G,irligT Z'//6 a o,, (Atypical Situation)? e5 No Transect ID: - ?G? Is the area a potential Problem Area? Yes {n) Plot ID. rO ?' - `? 1 e .> (If needed, explain on reverse.) / VEGETATION Dominant Plant S ecies Stratum Indicator Dominant Plant Species 9. Stratum Indicator 1 0 n e40 &-'.0 -C,>.d? 2.1 4LIX &A1q C n o 6A L_ c-f 4C<AD/um /h?9R?ccot?J F? r?u"r( t, AL 5.B ??= a 2 82Nn, c,,,? F I G 6_I iPCro?ANtu o??U,c,T T ,tc w- 7.5A (Z1t u 1 u1 cE?vvul , (_ _ Q14- 8. 10. 11. 12. 13. 14. 15. 16. Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-). > 60 -/6 -A _- N-1) Pty-lb s a'* ,0 QFFt ? ?-0 ti L HYDROLOGY Recorded Data (Describe in Remarks): Stream, Lake, or Tide Gauge Aerial Photographs Other No Recorded Data Available Field Observations: Depth to Surface Water: D =_Z D 'J -_-(in.) Depth to Free Water in Pit: 0- L.p ~ (ill.) Depth to Saturated Soil 4o IA" (ill.) Wetland Hydrology Indicators: Primary Indicators: pL pis v Inundated Saturated in Upper 12 inches Wntrr Marks Drift Lines _Sediment Deposits Drainage Patterns in Wetlands Secondary Indicators (2 or more required): Oxidized Root Channels in upper 12 inches Water-Stained Leaves Local Soil Survey Data FAC-Neutral Test Other (Explain in Remarks) Reinarks: DA R ??/= 7 L iO N? T Y0 .l1aL ,,{,?Gir?d l 1r i?o w474 SOILS Map Unit Name (Series and Phase): w f X'4 W/? P C y y ? Drainage Class: n /" bD Field Observations Taxonomy(Subgroup)• f7? ?? S P r Confirm Mapped Type? Yes No Profile Description: Depth Matrix Color Mottle Colors Mottle (ins.) Horizon Munsell Moist (Munsell Moist) Abundance /Contrast 0-4- A_l- s? Hydric Soil Indicators: Texture, Concretions, Structure etc. /o Histosol Concretions Histic Epipedon High Organic Content in Surface Layer in Sandy Soil '7'-Sulfidic Odor Organic Streaking in Sandy Soils -Aquic Moisture Regime ? Listed on Local Hydric Soils List Reducing Conditions Listed on National Hydric Soils List ? Gleyed or Low-Chroma Colors Other (Explain in Remarks) Remarks: Wetland Determinatiori Hydrophytic Vegetation Present? Ye No (Circle) Is this Sampling Point Within a Wetland? Wetland Hydrology Present? No Circle) Hydric Soils Present? Ye No Yes No Remarks: ? n e R r R R J R. R ION 1 1 r , IT 7r-- 1 r- F ,:. 1 aP 1 F 1 I" 1 y 1 M < I Wy< ?g 3 Z 1 < ?\ 1 w w II ? ? ? Z I 7 \ I \ 1 1 z ? ? Q 1 1 ? W W 1 Q 0 J a Z 0 0 U m U J Z U F- Z O U II cr- z J I o 0 z " U ? Z g a ? r U _Q `` i o J °C Z > 0 Q J m 0 0 2 U ?o c co 134 A I I ! a t ` 1 v x \ ?q ? u J Z 0 al ? h I !. II 1 Y N n r Yi?v/ n ? I OSUSuu" Q U cn a U Q