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HomeMy WebLinkAbout19960117 Ver 1_COMPLETE FILE_19960206State 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 I LT:.WYTA 41 T jai [:3 EHNR April 2, 1996 New Hanover County DEM Project " 960117 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Wedco Enterprises, Inc. P.O. Box 443 Greenville, NC 27858 Dear Sirs: You have our approval to place fill material in 1.90 acres of wetlands or waters for the purpose of constructing an apartment complex at US 421 and George Anderson Drive, as you described in your application dated 5 February 1996. 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. Except for the outfall from the stormwater pond, no fill shall be closer than 50 feet to the stream at the edge of the property. 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 cenification 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 Dorney at 919-733-1786. Sincerely, Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DEM Regional Office Mr. John Dorney Central Files Paul Farley; Land Management Group Pr ton Howard Jr. P.E. I 960117.1tr Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper MEMORANDUM PRINT NAMES: Revi ewer : ,iUEf40- TO: JOHN DORNEY WQ SUPV.: "!? ENVIRONMENTAL SCIENCES BRANCH DATE: ?f- SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS ;;--'LEACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) fn PERMIT YR: 96 PERMIT NO: 0000117 COUNTY: NEW HANOVER APPLICANT NAME: WEDCO ENTERPRISES, INC. PROJECT-TYPE: APARTMENT COMPLEX PERMIT-TYPE: NW26 N COE #: DOT #: 'a QD RCD FROM_CDA: APP DATE _FRM_CDA: 02/06/96 REG_OFFICE: WIRO o. RIVER-AND-SUB-BASIN-#: o3 04 /-7 STR INDEX NO: STREAM_CLASS : C 5L,, WL_IMPACT?: Y)N WL_TYPE: I-/w F ( S? WL REQUESTED: (.q0 H WL_ACR_EST?: Y/W WL_SCORE(#): WATER IMPACTED BY FILL?: ON MITIGATION?: Y/N MITIGATION TYPE:/?j/?' MITIGATION_SIZE: DID YOU REQUEST MORE INFO?: Y/W IS WETLAND RATING SHEET ATTACHED?: ON HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?: Y/N RECOMMENDATION (Circle One): ISSUE ISSUE/COND DENY COMMENTS : 4W1 Z4'-T /Y?-?1 n } ?? IX,4T l 44 R Al. - N Gz?(l?i2kyfit-.e 7Ze- m n m M cc: Regional Office Central Files DEM ID: ACTION ID: Nationwide Permit Reauested (Provide Nationwide Permit fl: 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 ENVIRONMENTAL MANAGEMENT NC DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES P.O. BOX 29535 RALEIGH, NC 27626-0535 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: Wedco Enterprises, Inc. 2. Owners Address: P.O. Box 443. Greenville, NC 27858 3. Owners Phone Number (Home): (Work):. 9( 19) 756-8700 4. If Applicable: Agent's name or responsible corporate official, address, phone number: Rob Moul, Paul Farlev c/o Land Management Group, Inc. P.O. Box 2522 Wilmington. NC 28402 910-452-0001 5. Location of work (MUST ATTACH MAP). County: New Hannover Nearest Town or Citv: Wilmington Specific Location (Include road numbers, landmarks, etc.): Tract is located at the corner or Carolina Beach Road (U.S. Highway 421 and George Anderson Drive in Wilmington, New Hanover County, North Carolina. 6. Name of Closest Stream/River: Cane Fear River 7. River Basin: Caoe Fear River 8. Is this project located in a watershed classified as Trout,SA,HQW,ORW,WSI,or WSII? YES[ .] NOW 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: 2.05 acres 11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: Plot # 1: 0.71 acres Plot #2: 0.041 acres Plot # 3: 1.142 acres Plot #4: 0.011 acre Total Impacted: 1.904 acres rL15 0 6 19 91 Fourth Vers?ari Project name td/?l?Co nearest road AAC 1-,{,4z cldl County ,,i,??kw,cx?- Wetland area --2 acres Wetland width feet LZtotal weLianci , idth '>100 f? ? i na °vlaence ar t ooc na or surtace water Wetland type (select one)- CI S=L iiiand hardwood fc,-est ? Pine savanna L?'F e rater forest ? Freshwater ma-c. ? S..a ,. forest ? we: fig. ? Eco forest Boa/fen ? Ephemeral wetl.=nd ? Carolina Bav ,a-OtharCI&IL- *-The rating s•,?s.ern cannot be applied to salt or bract:is'- marshes or stre m channels ic) we,,0 ! Water storage x 4.00 Bank/S;-c-ei:,7.e stabilization x 4.00 = Wetland Score ' / utant removal x 5.00 Vl'ildlife habitat _ x 2.00 = ?J l l -^cu;tic lire value x 4.00 = / Fec-estion/Education x 1.00 = "" Add 1 point i' in s_r.s;tive watershed a nd 10°.o nonpoint di_tur'u;;nze within 1!_ mile ups--e-1m, upslope, or radius 5, 12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): Applicant proposes to place fill in Plots 2 4, and 3 in order to bring to divert stormwater into retention pond Plot 1 is necessary to complete buildings with minimum wetland impact. 13. Purpose of proposed work: Individual NWP permits needed to divert rainfall into retention pond and complete buildings with minimal wetland impacts 14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures taken to minimize wetland impacts. Tract boundaries prohibit circumventing the wetland boundaries to avoid proposed impacts. Wetlands were delineated and approved by the C.O.E. before land planning. All land plans within this project have utilized the wetland boundary to maximize useable lot acreage and to minimize wetland impacts. 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? residential, commercial F. If applicable, what is proposed method of sewage disposal? city sewer system ?J - 0-? Paul M. Farley ' Date Wetland Scientist LOCATION MAP NOT TO SCALE I I I i N T 1, ' I i I I .. i LAND MANAGEMENT GROUP, INC. I NEW HANOVER COUNTY SOIL SURVEY LAND MANAGEMENT GROUP IMPACTED WETLANDS SCALE 1"= 200' kpl WETLAND BOUNDARY IL I,- I I , I O Oluill?n T U w Q z cr_ U W PLOT O0 I? 1 O i I ?1!Jirrrril Irrr;llll Ilnl_`/ ?.J.i L11J IJ1L-l l_I l i: l l I I I I I I 1? I F- PLOT 3 - I j i i I O? I c „f _'71'23 I i I I ( I lit v WETLAND BOUND? RD_ ------------------- J? I , Olji `ls'? li QJ ; CT] ? ?I f ra , i i ' J (- GEORGE ANDERSON DRIVE --> LAND MANAGEMENT GROUP PLOT 1 PLOT 3 PLOT 2 LAND MANAGEMENT GROUP, INC. 1 I LAND MANAGEMENT GROUP, INC. DATA FORM ROUTINE WETLAND DETERMINATION UPLAND (1987 COE Wetlands Delineation Manual) Pace 1 of 2 uoland Projec'JSite: Efird Tract Date: Sept. 27,199,5- Applicant/Owner: T. Ed Efird County: New Hanover Investigator: Rob Moul State: NC Do Normal Circumstances exist on the site? es No Community ID: Upland Is the site significantly disturbed (Atypical Situation)? Yes Transect ID: - Is the area a potential Problem Area? Yes ? Plot ID: - (If needed, explain on reverse.) VEGETATION Dominant Plant 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 13. Post oak Shrub FACU 11. Bracken fern G. Cover FACU 4. Smilax W.Vine FAC 12. Partrige pea G. Cover FACU 5. Water Oak Shrub FAC 13. I6. Sassafrass Shrub FACU 14. I 17. American holly Shrub FACW+ 15. 8. Wild grape W. Vine i i FAC 16. i I Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-) I 75% Remarks: I I I 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 Feld 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.) i Remarks: No wetland hydrology indicators seen. Infra-red aerial photograph used in the field. gnii c Proiect/Site: Efird Tract Paqe 2 of 2 upland Map Unit Name (Series and Phase): Leon fine sand Drainage Class: Two Field Observations Taxonomy (Subgroup): Aeric Haploquods Confirm Mapped Type? Yes No Profile Description: Depth Matrix Color Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) Abundance/Contrast Structure, etc. single grained; loose 0 - 6 A 10YR 6/1 - clear wavy boundary single grained; loose 6 - 14 E 10YR 7/1 - clear wavy boundary massive; friable; 14 - 17 C'?Bh1 5YR 3/1 - gradual wavy boundary, massive; friable; 17 - 23 C1Bh2 5YR 3/3 few medium faint (5YR 2/1) clear irregular boundary single grained; loose 23 - 30 i I E' 10YR 7/1 - gradual wavy boundary Hydric Soil Indicators: Histosol Concretions Histic Epipedon High Organic Content in Surface Layer in Sandy Soils Sulfidic Cdor -Organic Streaking in Sandy Soils Aquic Moisture Regime -Listed on Local Hydric Soils List -Reducing Conditions -Listed on National Hydric Soils Lis t _Gleyed or Low-Chroma Colors -Other (Explain in Remarks) Remarks: No hydric soil indicators observed in upland areas. WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes (Circle) (Circle) Wetland Hydrology Present? Yes Hydric Soils Present? Yes ED Is this Sampling Point Within a Wetland? Yes No Remarks: Wetland line flagged in pink/black ribbon. Approved by HOUSACE 3/92 Applicant/owner: T. Ed Efird Land Management Group, Inc. Cardinal Moving & Storage Post Office Box 2522 PO Box 419 Wilmington, N.C. 28402 Wilmington, N.C. 28405 910-452-0001 LAND MANAGEMENT CROUP, INC. DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Panty 1 of 9 waHAnrt Project/Site: Efird Tract Date: Sept. 27, 199; Applicant/Owner: Ed Efird County: New Hanover Investigator: Rob Moul State: NC Do Normal Circumstances exist on the site? es No Community ID: wetland Is the site significantly disturbed (Atypical Situation)? Yes k Transect ID: - Is the area a potential Problem Area? Yes o Plot 10: - (If needed, explain on reverse.) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Loblolly pine Tree FAC 9. Netted Chain Fern G. Cover OBL 2. Pond pine Shrub FACW+ 10. Cinnamon Fern G. Cover OBL 3. Titi Shrub FAC 11. Sphagnum Moss G. Cover OBL 4. Loblolly bay Shrub FACW 12. I 5. Fetterbush Shrub FACW 13. 6. Bitter Gallberry Shrub FAC 14. I 7. Sweetbay Shrub FACW 15. 8. Smilax W. Vine FAC 16. Percent of Dominant Species that are OBL, FACW or FAC j (excluding FAC-) 100% Remarks: I HYDROLOGY Wetland Hydrology Indicators: -Recorded Data (Describe in Remarks): Primary Indicators Stream,Lake, or Tide Gauge Inundated -Aerial Photographs - X Saturated in Upper 12 Inches -Other Water Marks X No Recorded Data Available --Drift Lines Sediment Deposits - X Drainage Patterns in W6,lands Feld Observations: Secondary Indicators (2 or mora required): -Oxidized Root Channel- in Upper 12 inches Depth of Surface Water: (in.) X Water-Stained Leaves X Local Soil Survey Data Depth to Free Water in Pit: <12" (in.) FAC-Neutral Test _ -Other (Explain in Rem,:,.?s) Depth to Saturated Soil: <12" (in.) Remarks: SOILS Proiect/Site: Efird Tract Map Unit Name (Series and Phase): Murville mucky fine sand Drainage Class: Four Field Observations Taxonomy (Subgroup): Topic Haplaquads Confirm Mapped Type? es No Profile Description: Depth Matrix Color Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) Abundance/Contrast Structure, etc. very friable; weak med. 0 - 5 A 5YR 2/1 - granular structure massive; very friable 5 - 35 Bh1 5YR 2/1 - gradual wavy boundary massive; very friable 35 - 55 Bh2 5YR 3/2 i - gradual wavy boundary Hyd, is Soil Indicators: i Histosol Concretions _Histic Epipedon - X High Organic Content in Surface Layer in Sandy Soils X Sulfidic Odor _Crganic Streaking in Sandy Soils _Aquic Moisture Regime X Listed on Local Hydric Soils List X Reducing Conditions Listed on National Hydric Soils List X Gieyed or Low-Chroma Colors -Other (Explain in Remarks) Remarks: TICN Hydrophytic Vegetation Present? ® No (Circle) Wetland Hydrology Present? t'Y es No Hydric Soils Present? MD No Remarks: Wetland line flagged in pink/black ribbon. (Circle) Is this Sampling Point Within a Wetland? Yes No Pace 2 of 2 wetland Applicant/owner: T. Ed Efird Cardinal Moving & Storage PC Box 419 Wilmington, N.C. 28405 Land Management Group, Inc. Post Office Box 2522 Wilmington, N.C. 28402 910-452-0001 RECEIVED MAR 1 1 1996 FACILITIES ASSESSMENT UNIT 0 North Carolina Wildlife Resources Commission E?] 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: John Dorney Water Quality Section z Division of Environmental Management, DEHNR ,? N j 9 FROM: V? William Wescott, Coastal Coordinator Ro 14400, Habitat Conservation Program Doti e/,4, DATE: March 6, 1996 SUBJECT: Nationwide 401 Permit Application for Wedco Enterprises, Inc., P.O. Box 443, Greenville, Pitt County, North Carolina. Project # 960117. (Project located in New Hanover County) 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 February 29, 1996. 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 4 plots of wetlands totaling, 1,90 acres for the construction of a sub-division. A total of 2.05 acres of wetlands oftr on the site. The fill is intended to divert stormwater into a retention pond. Part of the proposed project site has been bushhogged and cleared of vegetation. Vegetation adjacent to the cleared site includes loblolly pine, pond pine, sweet bay, gallberry, and titi. Plot #3, the largest of the fill areas(1.14 acres), appears to be located adjacent to the headwaters of a small stream branch, which eventually enters the Cape Fear River. This wetland area provides filtration and buffering of runoff which protects water quality in surrounding areas as well as providing valuable wildlife habitat for small mammals, reptiles, amphibians and a variety of song birds. We have determined that this project is inconsistent with our Policies and Guidelines for Conservation of Wetlands and Aquatic Habitats. We also believe that this project is inconsistent with the Environmental Protection Agency's Section 404(b)(1) guidelines in that the project does not constitute a water dependent activity. However, we would not recommend that a 401 Water Certification be denied if Plot #3 is deleted from the project plans or reconfigured to reduce wetland impacts. 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. 5wto' inc. Al (r)FM Ax 2522 VdM44 , ./Yale Vaea/ma 28402 3d'. 990-452-0001 9ZO& t 9. Aoa W! .99A96A.Aaulaofa I. Jor. February 5, 1996 Mr. John Dorney Water Quality Planning Div. of Environmental Management 44401 Reedy Creek Road Raleigh NC, 27607 Dear Mr. Dorney: A& M .T..V 0f?e g .A 3805 9(/dP4AOWA .WWWW 9Qd64V&A,. M 2mi Enclosed is a Nationwide Permit request by Wedco Enterprises to fill approximately 1.904 acres of wetlands. A NWP 26 is proposed for fill to redirect rainfall to a retention pond and to complete a building with minimum wetland impacts. Thank you for your assistance in this matter. If you have further questions, please feel free to contact me. Sincerely, `7 Paul M. Farley Wetland Scientist Enclosure: 7 copies of application cc: Matt Flint, C.O.E. U.S. Fish and Wildlife Janet Russell, C.A.M.A. National Marine Fisheries Service Wedco Enterprises F ? ?3 0 1996