19960639 Ver 1_COMPLETE FILE_19960703

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
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October 30, 1996
New Hanover County
DWQ Project # 960639
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Mike Nadeau
Creative Properties
Mutual Management
P.O. Box 1213
Wilmington, NC 28402
Dear Mr. Nadeau:
You have our approval to place fill material in 1.77 acres of wetlands or waters for the purpose of
constructing the Lakeside Medical Park, as you described in your application dated 18 September 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 except as
modified below. 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
and any additional conditions listed below. A conservation easement or deed restriction shall be placed on
remaining wetlands to prevent future fill Ms. Linda Lewis of the DWQ Wilmington Regional Office shall be
contacted for stormwater approval. In addition, you should get any other federal, state or local permits before
you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal
Storm water, Non-Discharge and Water Supply Watershed regulations.
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. 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 Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Dorney at 919-733-1786.
Sincerely,
Pes 4How, Jr. P. .
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
Mr, John Dorney
Central Files
Rob Moul; Land Management Group
Linda Lewis; Wilmington DWQ Regional Office
960639.1tr
Division of Water Quality - Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
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John Dorney
Division of Environmental Management
NCDEHNR
4401 Reedy Creek Road
Raleigh, North Carolina 27607
RECEIVED
SEP 2 01996
ENVIRONMENTAL SCIENCES
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Re: Revision of Road Crossing Wetland Impacts at "Lakeside Medical
Park", Wilmington, North Carolina
Dear John:
Through discussions with Ernie Jahnke, our clients, "Mutual
Management" have decided to minimize cumulative wetland crossing
impacts to those shown on the attached plans. These revisions also
satisfy the City's thoroughfare plan which ties in a network of
roads from Carolina Beach road to the hospital.
The previously submitted application is, therefore, revised to show
a 1.77 acre wetland impact rather than 1.4 acres. With your DEM
deed restriction language, we have an accurate representation of
wetland impacts caused by the new road system.
Thanks for your assistance and should you have any further
questions, please feel free to contact me at your convenience.
Sincerely,
il n "_ ? rvn
Rob Moul
Environmental Consultant
Enclosure
RECEIVED
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September 18, 1996 g."'YA.A 0p", 9",4
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Ernie Jahnke 8403
US Army Corps of Engineers
PO Box 1890
Wilmington, North Carolina 28402-1890
Re: Revised Drawing of Road System Impacts in 404 Wetlands at the
"Lakeside Medical Park", Wilmington, N.C.
Dear Ernie:
As discussed last week, "Mutual Management", the owners of
"Lakeside Medical Park", desire to amend their previous nationwide
permit to include all known roadway infrastructure and stormwater
impacts on flagged 404 wetlands. This road extension from the
hospital to US 42 will cause the cumulative impact of 1.77 acres.
The proposed fill/disturbed wetland areas are illustrated on the
enclosed map and include a spur joining Wellington Avenue which is
in the city's plan.
At this point in time, there have been no officially platted lots
in the subdivision. As doctor offices are land planned according
to their specific needs, suites and parking will be created
accordingly and will be platted in a singular manner similar to
most industrial parks. Most of the future land planning will
consider minimization of wetland impacts through deed restrictions
and recognition of surveyed wetland areas on this recorded roadway
plat.
While at this time the owners cannot absolutely say that some
future buyer will not request additional fill impacts they
recognize that the ongoing accumulative impacts for the project
will be starting at 1.77 acres.
Thank you for your assistance in processing this permit request
towards completion and should you have any further comments or
concerns , please feel free to contact me at your convenience.
Sincerely,
6? l
Rob Moul
Enclosure: Revised Impact Map
cc: Mike Nadeau, Creative Properties
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RECEIVED
DEM ID: CORPS ACTION ID: "` `'
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): 26 qtr 2 U 1996
ENVIRONMENTAL SCIENCES
PRE-CONSTRUCTION NOTIFICATION APPLICATION 'RA NCH
FOR NATIONWIDE PERMITS THAT REQUIRE:
NOTIFICATION TO THE CORPS OF ENGINEERS
APPLICATION FOR SECTION 401 CERTIFICATION
COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD
OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES
SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE AGENCY
ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAME: Mutual Management c/o Mike Nadeau, Creative Properties
2. MAILING ADDRESS: P Q Ray 1913
SUBDIVISION NAME:
CITY: Wilmington STATE: NC ZIP CODE: 28402
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING
ADDRESS ABOVE): Lakeside Park - (Medical Center Suites) see location figure
3. TELEPHONE NUMBER (HOME):
960922
(WORK): [phone]
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: Mark Tippett or Paul Farley, Land Management Group Inc.
P.O. Box 2522
Wilmington NC, 29402 [phone]
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: New Hanover NEAREST TOWN OR CITY: Wilmington
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
See figure **
6. IMPACTED OR NEAREST STREAM/RIVER:
RIVER BASIN: Cape Fear
Cape Fear
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA), HIGH
QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY (WS-I OR
WS-II)? YES [ ] NO [ x ] IF YES, EXPLAIN:
RECEIVED
SEr 2 01996
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION QIFV1R hft1ENCES
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO [x ] PRANCH
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF
COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
commercial
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES[ ] NO [x ] IF YES, PROVIDE ACTION ID NUMBER OF PREVIOUS PERMIT
AND ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION):
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE?
YES [ ] NO [x ] IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 69
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
13.9
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: 1,-7•7 EXCAVATION:
FLOODING: OTHER:
DRAINAGE: TOTAL ACRES TO BE IMPACTED:
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED,
PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION):
LENGTH BEFORE: FT AFTER: FT
WIDTH BEFORE (based on normal high water contours): FT.
AVERAGE DEPTH BEFORE: FT. AFTER: FT.
(2) STREAM CHANNEL IMPACT WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND? 2403 c-< r?
WHAT IS THE EXPECTED POND SURFACE AREA? 0.93 ACRES
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED (ATTACHED PLANS: 8 1/2" X 11" DRAWINGS ONLY):
The eastern fill area consists of 1.05 acres for a combination road crossing andpuilding construction. THe
western area consists of 0.35 acres for a road crossing and two berms (3680 ft2 or construction of a storm
water pond.
RECEIVED
6
13. PURPOSE OF PROPOSED WORK: Road crossings, building and stormwater ppo
construction ENVIRON NTAI ENCES
BRANCH
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS):
Site boundaries prevent road crossings without wetland impacts. Present designs allow construction with
minimum impacts to higher quality wetlands.
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS)
AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY ADDRESSES SHEET)
REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING
ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMITAREA THAT MAY
BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED:
mailed 6/28/96 (ATTACH RESPONSES FROM THESE
AGENCIES.)
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO)
(SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN
THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT.
DATE CONTACTED: mailed application 6/28/96
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES [ ] NO [x ] (IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL
POLICY ACT?
YES [ ] NO[ ]
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [ ] NO[ ]
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE
CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING COMPLIANCE
WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED
TO MS. CHRYS BAGGETT DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT
OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003,
TELEPHONE [phone].
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
RECEIVED
ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLAbIbIQ '01996
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES A TALSCIEiaCE5
NCH
ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29 AND 38). A
STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP.
MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH EQUALS 100 FEET OR THEIR
EQUIVALENT.
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. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY?
commercial
city sewer
IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO:
1. ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2. EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL
MANAGEMENT (WATER QUALITY) CERTIFICATION, AND,
3. (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH CAROLINA
DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS CONSISTENT WITH
THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM.
OWNER'S/AGENT'S SIGNATUR
Paul M. Farley
Wetland Scientist
Land Management Group, Inc.
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(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
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17
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0 North Carolina Wildlife Resources Commission 0
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John Dorney
Water Quality Section
Division of Environmental Management, DEHNR
z
FROM: W William Wescott, Coastal Region Coordinator
Habitat Conservation Program
Date: July 22, 1996
Subject: Review of application for Nationwide Permit #26 and Section 401 Water Quality
Certification, Mutual Management c/o Mike Nadeau, Creative Properties, P.O.
Box 1213, New Hanover County, North Carolina. (Project # 960639)
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 July 17, 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 about 1.4 acres of `404' wetlands to facilitate road and
h f 2 b f t t r r t ntion and A total
11o

construction and t e construction o er ms or a s or m w a e e e ??
l
of 13.9 acres of wetlands are located on the project site. The wetlands on the project site are
associated with the Cape Fear River. These wetlands provide valuable wildlife habitat and serve
as travel corridors for numerous species of amphibians, reptiles, birds, and mammals. These
wetlands also protect water quality in surrounding areas by filtering pollutants and buffering storm v
a
water runoff.
/
The project as proposed would immediately destroy 1.4 acres of wetlands. 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
Quality Certification be denied provided that impacts to site wetlands from additional
construction/development activities are prohibited.
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.
cc: Bennett Wynne, Fisheries Coordinator
?j J WC.
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9"i niny&n, .J{Aoe& Wa"ma 28402
°e. 990-452-0009
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June 26, 1996
Mr. John Dorney
Water Quality Planning
Div. of Environmental Management
44401_ Reedy Creek Road
Raleigh NC, 27607
Dear_ John:
JUL. Q 3 1996
RECEIVED
ENVIRONMENTAL SCIENCES
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ftaa uy Aa., %, A.A
3805 Vud ,A? cWw u e
'Vd minykn, ?b`r8 28403
Enclosed is a Nationwide Permit 26 request by Mutual Management
to impact approximately 1.48 acres of wetlands. The NWP 26 is
requested to complete two road crossings, complete a stormwater
retention pond, and complete necessary buildings.
Thank you for your assistance in this matter. If you have
further questions, please feel free to contact myself or Mark
Tippett.
Sincerely,
6G„('
Paul M. Farley
Wetland Scientist
Enclosure: 7 copies of application
cc: Matt Flint, C.O.E.
Janet Russell, C.A.M.A.
National Marine Fisheries Service
Renee Gledhill-Early, S.H.P.O.
U.S. Fish and Wildlife
Mr. Michael G. Nadeau