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HomeMy WebLinkAbout19950874 Ver 1_COMPLETE FILE_19950110State 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 Miller Building Corporation P. O. Box 2046 Wilmington, N.C. 28402 Dear Sirs: A4; -tow September 11, 1995 Pendcr County DEM Project # 95874 F Popy You have our approval to place fill material in 1.86 acres of wetlands or waters for the purpose of constructing a commercial facility at SR 1623 and I-40 near Leslie Locke facility, 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 2671. This certification allows you to use Nationwide Permit Number 26 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 adjudicatory 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. 27611-7447. 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 John Domey at 919-733-1786. Sincerely, I ?1 ton Howard, Jr 1 Attachment ce: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DEM Regional Office Mr. John Domey Central Files Rob Moul; Land Management Group 95874.1tr 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 DEM ID: 9 5Z-19 ACTION ID: Nationwide Permit Requested (Provide Nationwide Permit #) : NWP 26 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: 910-251-4511 WATER QUALITY PLANNING DIVISION OF E1fVIRONNZNTAIr:MANA6 NC DEPARTMENT OF ENVIRONIONT,' H $ AND NATURAL RESOURCES P.O. BOX 29535 RALEIGH, NC 27626-0535 fi 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: Miller Building Corporation 2. Owners Address: P.O. Box 2046 Wilmin tg on, NC 28402 3. Owners Phone Number (Home): (Work): 4. If Applicable: Agent's name or responsible corporate official, address, phone number: Rob Moul c/o Land Management Group, Inc. P.O. Box 2522 Wilmington, NC 28402 910-452-0001 Location of work (MUST ATTACH MAP). County: Pender Nearest Town or City: Burgaw Specific Location (Include road numbers, landmarks, etc.): Site is located adjacent to I-40. The site must be accessed from state road 1509. From HWY 53 from Burgaw, turn east on S.R. 1509. Just before crossing the 1-40 overpass, turn right or south on S.R. 1623 McKo Road). Site is located at the end of S.R. 1623 on the left side of the road. The site has been recently bush-hogged to provide access. 6. Name of Closest Stream/River: Burgaw Creek 7. River Basin: Cape Fear 8. Is this project located in a watershed classified as Trout,SA,HQW,ORW,WSI,or WSII? YES[ ] NO[X] 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: 1.86 acres 11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: Filled: 1.86 acres Drained: Flooded: Excavated: Total Impacted: 1.86 acres 12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): fill permits needed to place fill in wetlands to bring elevation to grade with surrounding upland areas for the purpose of plant expansion 13. Purpose of proposed work: The proposed fill is necessary for bringing elevations to grade to expand the existing facili 14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures taken to minimize wetland impacts. Plant facility does not have available adjacent roe to expand to that does not include wetland areas. The plant must expand in the direction indicated to maintain conti uous plant layout. The existing facility cannot support continued economic rg owth without plant expansion and cannot move to another location without completely rebuilding the facility. 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 [X] 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 [X] NO RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS. 17. Additional information required by DEM: A. Wetland delineation may 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? industrial F. If applicable, what is proposed method of sewage disposal? county sewer U_? August 17. 1995 Rob Moul ;? Date 1 S3 ? ? S2 I?Z3 SITE-> LAND MANAGEMENT Leslie Lock Expansion GROUP INC. Burgaw Township ' ' a Vicinity Map Pender County, North Carolina O J? i"?Q ?W II sFa o mcv- LLJ 0. 7 U i-- r r= z s a i a i J c ? =?JOJ Cn X w E a? = 5'c Z r t J COD Z ?U 3 -- i ?? c ? I nY r y r. ;5- ? i ! Maui I? I i r vtr/ - -- --- ------------ LA. LU O 3 `? ` III III 1/ •t Y..p l ce.? I I I? I..I O ? ?? ` 1 I ? e o \ °r oi. L1J ^ c n ?Ijlj ?„ ? ?? ?? 1111 ?II'? ?¦ ???? ? ? ``,,_? ? ?? _____I- 4 ? ? ? I i S I? I , a-1 ` ¢ v: - «aa I c6 I ` III lily,, \? a k- -?- al rf'3r.,: II I r? COD o - --- _ ?? LAJ ? III Y tb Y°,'i'y I W II J ', .;i I J i iI . 1 I I I -, ? '? I i? 1 - J ,yl iJ, N I IIa i\? j ? I ?Y?G? 3I-IS37'X3 M e W 3 r ? ? I' I I 'I, g J ?? -71 W __ '- A •\\ ?s?M t Y`t-/?S? s 1 t :G 5 - - ? t e - 2000 4000 Leslie Lock Expansion Burgaw Township Pender County GROUP, INC. °? Pender County Soils Map Proposed NWP 26 Approximate Scale in Feet c' h )85 i •E 134 I\ v Cliff! I i lp ? ?\ i 'd _"?• 1? Leslie Lock Expansion Burgaw Township Pender County i P? I a: I Approximate Scale in Feet 0 2000 4000 GROUP, INC. "a U.S.G.S 7.5" Topographic Proposed NWP 26 LAND MANAGEMENT GROUP, INC. DATA FORM ROUTINE WETLAND DETERMINATION UPLAND (1987 COE Wetlands Delineation Manual) pwna 1 of 9 Project/Site: Leslie Locke Expansion Date: Jan.22,95 Applicant/Owner: Miller Building Corporation County: Pander Investigator: Rob Moul State: NC Do Normal Circumstances exist on the site? ? No Community ID: Upland Is the site significantly disturbed (Atypical Situation)? Yes Transact ID: - Is the area a potential Problem Area? Yes No) Plot ID: - (If needed, explain on reverse.) VEGETATION Dominant ant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Loblolly pine Tree FAC 9. Carolina jessamine W. Vine FACU 2. Turkey oak Shrub FACU 10. Sweet pepper G. Cover FACW & Water oak Shrub FACU 11. Bracken fern G. Cover FACU 4. Yellow P0 91W Tree FAC 12. Partrige pea G. Cover FACU 5. Dogwood Shrub FAC 13. 6. Sassafrass Shrub FACU 14. 7. American holly Shrub FACW+ 15. 8. Wild grape W. Vine FAC 16. Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-) 50% Remarks: HYDROLOGY Wetland Hydrology Indicators: X Recorded Data (Describe in Remarks): Primary Indicators Stream,Lake, or Tide Gauge inundated X Aerial Photographs - -Saturated in Upper 12 Inches _Other Water Marks No Recorded Data Available - -Drift Lines Sediment Deposits - -Drainage Patterns In Wetlands Field Observations: Secondary Indicators (2 or more required): Oxidized Root Channels In Upper 12 inches Depth of Surface Water: - (in.) Water-Stained Leaves Local Soil Survey Data - Depth to Free Water In Pit: > 12" (in.) FAC-Neutral Test _Other (Explain in Remarks) Depth to Saturated Soil: > 12" (in.) Remarks: Site flagged using color -infrared aerial photography. SOILS Project/Site: Leslie Locke Page 2 of 2 upland Map Unit Name (Series and Phase): Rains fine sandy loam Drainage Class: Three Field Observatbns Taxonomy (Subgroup): Typic Paleaquults Confirm Mapped Type? Yea No Profile Description: Depth Matrix Color Mottle Texture, Concretions, pnches) Horizon (Munsell Moist) Abundance/Contrast Structure, etc. very friable; weak 0-7 A 10YR 2/1 - fine granular structure very friable; weak 7-12 EG 10YR 6/2 - med. granular structure friable; weak fine 12 - 16 BEG 10YR 6/1 medium distinct (10YR 6/8) sub angular block struc common medium distinct friable; weak medium 16 - 41 BTG 10YR 6/1 10YR 6/8 & 7.5YR 5/8 suban ular block struc Hydric Soil Indicators: _Histosol Concretions _Histic Epipedon - -High Organic Content In Surface Layer In Sandy Soils Sulfidlc Odor Organic Streaking in Sandy Soils X Aquic Moisture Regime X Listed on Local Hydric Soils List X Reducing Conditions Listed on National Hydric Soils List X Gleyed or Low-Chroma Colors Other (Explain In Remarks) Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? JW' No (Circle) (Circle) Wetland Hydrology Present? ea No Hydric Soils Present? es ) No Is this Sampling Point Within a Wetland? 'es No Remarks: Wetland line flagged in pinkiblack ribbon. Approved by HOUSACE /9 Applicant/owner; Miller Building Corporation Land Management Group, Inc. P.O. Box 2046 Post Office Box 2522 Wilmington, N.C. 28402 Wilmington, N.C. 28402 910-452-0001 LAND MANAGEMENT GROUP, INC. DATA FORM ROUTINE WETLAND DETERMINATION WETLAND (1987 COE Wetlands Delineation Manual) Paa e 1 of 2 Project/She: Leslie Locke Expansion Date: Jan.22,95 Applicant/Owner: Miller Building Corporation County: Pander Investigator: Rob Moul State: NC Do Normal Circumstances exist on the site? ® No Community ID: Wetland Is the site significantly disturbed (Atypical Situation)? Yes (Ro) - Transect ID: - Is the area a potential Problem Area? Yes XQ ) Plot ID: - (If needed, explain on reverse.) VEGETATION Dominant Plant Species Stratum I ndicator om nant Plant Species Stratum Indicator 1. Loblolly pine Tree FAC 9. Gordonia Shrub FAC 2. Black gum Tree OBL 10. Netted chain fern G. Cover OBL 3. Sweet bay Tree FACW+ 11. Cinnamon fern G. Cover OBL 4. Sweet gum Tree FAC+ 12. Royal fern G. Cover OBL 5. Red maple Tree OB 13. Lizardtail G. Cover OBL 6. Water oak Tree FAC 14. Catbrier ' W. Vine FAC 7. TITI Shrub FACW r 15. Smilax W. Vine FAC 8. Fe sh Shrub FACW 16. Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-) 00 J?o Remarks: I HYDROLOGY Wetland Hydrology Indicators: Recorded Data (Describe in Remarks): Primary Indicators Stream,Lake, or Tide Gauge Inundated _ Aerial Photographs - -Saturated in Upper 12 Inches Other Water Marks _ No Recorded Data Available - -Drift Lines Sediment Deposits - -Drainage Patterns in Wetlands Field Observations: Secondary Indicators (2 or more required): -Oxidized Root Channels in Upper 12 Inches Depth of Surface Water: (In.) Water-Stained Leaves -Local Soil Survey Data Depth to Free Water in Pit: (in.) _FAC-Neutral Test -Other (Explain in Remarks) Depth to Saturated Soil: (in.) Remarks: 'I I SOILS Prnlect/Sitw Leslie Lndce Fxnanainn Paae 2 of 2 wetland Map Unit Name (Series and Phase): Tomotley fine sandy loam Drainage Class: Four Field Observations Taxonomy (Subgroup):Typlo Ochraquults Confirm Mapped Type? Yes No Profile Description: Depth Matrix Color Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) Abundance/Contrast Structure, etc. very friable; weak 0-8 A 1 OYR 2/1 - med. granular structure very friable; weak 8-11 EG 10YR 6/2 - med. granular structure common medium distinct friable; weak med. 11 - 33 BTG 10YR 7/2 1OYR 6/6 suban lar blocky stru common medium distinct very friable; weak med. 33 - 41 BCG 10YR 7/2 1 OYR 6\6 suban lar blocky stru Hydric Soil Indicators: Histosol Concretions _ _Histic Epipedon -High Organic Content in Surface Layer in Sandy Soils Suifidic Odor Organic Streaking in Sandy Soils Aquic Moisture Regime - -Listed on Local Hydric Soils List Reducing Conditions _____Reducing Listed on National Hydric Soils List or Low-Chroma Colors Other (Explain in Remarks) Remarks: No hydric soil indicators observed in upland areas. WETLAND DETERMINATION Hydrophytic Vegetation Present? a No (Circle) (Circle) Wetland Hydrology Present9 Fes No Hydric Soils Present? No Is this Sampling Point Within a Wetland? e? No Remarks: Approved 392 Applicant\owner: Miller Building Corporation Land Management Group, Inc. P.O. Box 2046 Post Office Box 2522 Wimington, N.C. 28402 Wilmington, N.C. 28402 Project name z Nearest road County Wetland area - -- acres Wetland width_ feet NT2MP of Pvaliiatnr Date ,t "• t` ,?etla_nd ul?oca?:o ?; s ® perezinlal st xxa?errnxt S ii1 So11 se es pred Ia?tr orga?rlil furnu? rt ??preclominant?l}r rrT,lr, ??alnons ?I r??° ;preaomina? Y Y1tN' ' 1 F r rau cfactorrs 'sfiee too raphy .t 0IVIGMea,' or ch nnell? ?d ,r s ?katafw efifahd ` cat' l C? Qt ? Bottomland hardwood forest ? Headwater forest ?^amp forest Ej Wet flat ? Pocosin ? Boa forest {t'?4S ?' y} ?t ?? ?mpe lbtI ra I I Idur egetat ti 1 S • ? S •,- .............. aazxx ;z5woaraevcr 4 a ? l,lr,l?d: F ?LI1i'?S?b<:' .?J ?f J lt?'U'VA. , . .. uc ? Pine'savarna ? Freshwater marsh ? Bog/fen ? Ephemera' wetland ? Carolina Bay C] Other "The rating system cannot be applied to salt or brackish marshes o7 stream channels weight Water storage x 4.00 = _ Wetland Score G=- Bank/Shoreline stabilization x 4.00 Pollutant removal ( x 5.00 - ?" , .^" Wildlife habitat '?• x 2.00 - gg . F d uat Ir Aquatic life value _ x 4.00 = . x.. ,x C?= Recreation/Education x 1 .00 '..:.. C Add 1 point it in sensitive watershed and > 10% nonpoint disturbance within 1 /2 mile upstream, upslope, or radius 57 5WUA, inc. &13Gt4nUhZMt6d WOR4M&an,& AI C1,Aw -'Vox ,25,22 VdmMy&m, ?{ WA V ato4Aa 28402 d'. 990-452-0009 jr °N! &PA 64en...ffo?W. .gam P? ???P? JG August 16, 1995 girds 94 3805 Vapi4twA jdvmwe wdmi'eg"' ?YfB 28403 John Dorney Water Quality Planning Div. of Env. Management 4401 Reedy Creek Road Raleigh, N.C. 27607 Dear John: Enclosed is a Nationwide Permit request by the Miller Building Corporation to fill 1.68 acres of wetlands. A NWP 26 is proposed for fill to bring 404 areas to grade with existing high ground areas for the purpose of providing suitable area for the Leslie Locke plant expansion. Plant expansion is needed at this time due to the current lack of available space. Thank you for your timely response and should you have any further questions, please feel free to contact me at your convenience. CJ\cj Enclosure: 7 copies of application Cc: U.S. Fish & Wildlife Martha Boris, C.O.E. National Marine Fisheries CANA ?incerely, Rob Moul ? Environmental Consultant P4, 0 North Carolina Wildlife Resources Commission 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: John Dorney Water Quality Section, DEM U111 1L_ William Wescott, Coastal Habitat Coordinator FROM: Habitat Conservation Program DATE September 11, 1995 Subject: Nationwide 401 Permit Application for Miller Building Company, near Burgaw, Pender County, North Carolina. (Project # 95874) Staff biologists with the Wildlife Resources Commission have reviewed the project and associated impacts on wildlife and fishery resources in the area. An onsite investigation was conducted on September 6, 1995. Our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.) and Section 401 of the Clean Water Act (as amended) and North Carolina General Statutes (G. S. 113-131 et seq.). The applicant is proposing to fill 1.86 acres of wetlands to allow for future expansion of Leslie Locke building. The plant does not have adjacent property to expand that does not include wetlands. It appears that several acres on the property has already been filled under prior release by the C.O.E. The proposed project site has been bushhogged and cleared of vegetation. Vegetation adjacent to the cleared site includes loblolly pine, water oak, dogwood, American holly, wild grape, sweet bay, red maple, titi and sweet gum. These wetland areas provide valuable wildlife habitat for small mammals, reptiles, amphibians and a variety of song birds, serve as wildlife travel corridors and provide filtration and buffering of runoff which protects water quality in surrounding areas. Several deer and fox tracks were also noted in the area. It does not appear that the applicant has attempted to avoid, minimize or mitigate for wetland impacts associated with the proposed activity. Also, the applicant states that all adjacent property available for expansion includes wetland areas. Therefore we recommend that certification be conditioned to require on-site mitigation of 2:1 (wetlands protected from future impacts:wetland lost). Thank you for the opportunity to comment on this project. If you have any concerns about our comments, please contact Brad E. Hammers at (919)-939-1167. BH/ww cc: Bennett Wynne, Fisheries Coordinator Brad E. Hammers, District 2 Fisheries Biologist Bobby Maddrey, District 2 Wildlife Biologist