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
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[: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
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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
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LAND MANAGEMENT GROUP, INC.
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NEW HANOVER COUNTY SOIL SURVEY
LAND MANAGEMENT GROUP
IMPACTED WETLANDS
SCALE 1"= 200'
kpl
WETLAND BOUNDARY
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(- GEORGE ANDERSON DRIVE -->
LAND MANAGEMENT GROUP
PLOT 1
PLOT 3
PLOT 2
LAND MANAGEMENT GROUP, INC.
1
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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
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FAC
16. i
I
Percent of Dominant Species that are OBL, FACW or FAC
(excluding FAC-)
I 75%
Remarks:
I
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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