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HomeMy WebLinkAbout19910927 Ver 1_Complete File_19920127DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS PO. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO December Regulatory Branch Action ID. 199200542 Wendover South Associates c/o Mr. Rick Gutierrez Interstate Tower 1 121 West Trade Street Charlotte, North Carolina 28202-1889 Dear Mr. Gutierrez: 31, 1991 wb ? ?,' ?pN 1991 c• ? , ?` y Up;LIT! ??` WA1CkQ Branch cs'.,.. Planning Please reference the meeting of November 8, 1991, Z ohn Thomas and Ken Jolly of my staff with Mr. Joe Humble of Davis Ma "Pb ell & Associates, Inc. (engineering consultant for site) onsite of your property off Stanley Road adjacent to the an unnamed tributary of South Buffalo Creek, Greensboro, Guilford County, North Carolina. The purpose of the meeting was to review a request to fill a previously drained pond, and to inspect the site for wetlands subject to Department of the Army permitting authority. This letter also confirms the December 3, 1991 wetlands survey verification. Based upon previous onsite inspections and review of the aforementioned survey, we recognize this surveyed alignment to be the limits of our regulatory jurisdiction on the property. Unless there is a change in the law or our published regulations, this determination of the limits of wetlands may be relied upon for a period not to exceed three (3) years. Reference is made to your request through Mr. Joe Humble to fill 0.32 acres of the aforementioned jurisdictional wetlands. For the purposes of the Corps of Engineers' Regulatory Program, Title 33, Code of Federal Regulations (CFR), Part 330, published in the Federal Register on November 13, 1986, lists nationwide permits. Authorization was provided for discharges of dredged or fill material into non-tidal rivers, streams, and their lakes and impoundments, including adjacent wetlands, that are located above the headwaters and other non-tidal waters of the United States, including adjacent wetlands, that are not a part of a surface tributary system to interstate waters or navigable waters of the United States. Your proposed work, involving adverse modification to less than an acre of waters of the United States located above the headwaters of the aforementioned tributary, is authorized by nationwide permit provided it is accomplished in strict accordance with the enclosed conditions. Please be aware that this authorization does not relieve you of the responsibility to e State of North Carolina Department of Environment, Health, and Natural Resources I )ivision of Environmental Management 512 North Salisbury Strect • Raleigh, North Carolina 27604 James G. Martin, Governor George T. Everett, I'h.l). William W. Cobey, Jr., Secretary Director January 27, 1992 Regional olhccs Wendover South Associates Ashevdk• c/o Joe Humble AM/251-b2)8 Davis-Martin-Powell. & Associates, Inc. Fayetteville 218 Gatewood Avenue, Suite 102 919/486-1541 High Point, North Carolina 27260 Mooresville 704/,63-,691, Dear Mr. Humble.: Raleigh Subject: Proposed Fill in Headwaters or Isolated Wetlands 919/733-2314 Landmark Center Place Phase II Washington Guilford County 919/94`'-0481 DEM Project 91927, Wilntin,!ton 919/395-39(X, Upon review of your request for Water Quality Certification to place fill material in 1.473 acres of wetlands for 919/H96 7(X)7 drained pond fill for development located. at Wendover Drive in Guilford County, we have determined that the proposed fill can be covered by General Water Quality Certification No. 2671 issued January 21, 1992. A copy of the General Certification is attached. This Certification may be used in qualifying for coverage under Corps of Engineers' Nationwide Permit No. 26. As you requested, mitigation will be required for Phase II of this project. Please contact Mr. Dorney to discuss the details at 919/733-5083. Sincerely, orge T. Eve t GTE: JD Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Raaleigh Regional Office Winston-Salem DEM Regional Office Mr. John Dorney Central Files N)- 13ox ?9535, ILdeq'h. Nmth < mduw ?7(,)(, OS 15 1-1-leplione W) 711 701 A,i fqu,d I Ipt?nninn iAIt mane, Ai 0-1 1 ngd?rcr1 GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBER 26 (HEADWATERS AND ISOLATED WETLANDS) This General Certification is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Envi- ronmental Management Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 2B .0109 and .0201 for the discharge of fill mate- rial to navigable waters and adjacent wetland areas which are above the headwaters or to wetland areas that are not a part of the surface tributary system to interstate waters or navigable waters of the United States (i.e., isolated wetlands) as described in 33 CFR 330 Appendix A (B) (26) of the Corps of Engi- neers regulations (i.e., Nationwide Permit No. 26).The category of activities shall include any fill activity in these headwaters and isolated wetland and water areas where the activity does not result in the loss or substantial modification of 10 acres or more of waters of the United States, including wetlands. This Certification replaces Water Quality Certification Number 2176 issued on November 5, 1987. The State of North Carolina certifies that the specified category of activity will not violate Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth. Conditions of Certification: 1. Proposed fill or substantial modification of greater than one-third of an acre of such waters, including wetlands, requires a written concurrence from the Division of Envi- ronmental Management. 2. Proposed fill or substantial modification of equal to or less than one-third of an acre of such waters, including wetlands, does not require written concurrence from the Division of Environmental Management. 3. Proposed fill of greater than one acre in SA, trout, HQW, ORW, WS-I and WS-II watersheds requires public notice and an individual 401 Certification from the Divi- sion of Environmental Management; 4. That established sediment and erosion control practices are utilized to prevent violations of the appropriate turbidity water quality standard (50 NTUs in streams and rivers not designated as trout waters by DEM; 25 NTUs in all saltwater classes, and all lakes and reservoirs; 10 NTUs in trout waters); 5. That additional site-specific conditions may be added to projects with greater than one-third of an acre impact which are proposed under this Certification in order to ensure compliance with all applicable water quality and effluent standards; 6. Concurrence from DEM this Certification applies to an individual project shall expire three years from the date of the cover letter from DEM. Non-compliance with or violation of the conditions herein set forth by a specific fill project shall result in revocation of this Certification for the project. The Director of the North Carolina Division of Environmental Management may require submission of a formal application for individual certification for any project in this category of activity, if it is determined that the project is likely to have a significant adverse effect upon water quality or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the public's best interest by the Director of the North Caro- lina Division of Environmental Management. This is the 21st day of January, 1992 DIVISION 01' VNVIRONMENTAL MANAGEMENT By George T. LF/verett, Director gencert.26 jrd/gc °DEPARTMENT OF THE ARMY !Loll 1 WILMINGTON DISTRICT, CORPS OF ENGINEERS H/ P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO March 11, 1992 Regulatory Branch Action ID: 199200542 Wendover South Associates C/O Mr. Rick Gutierrez Interstate Tower 1 121 West Trade Street Charlotte, North Carolina 28202-1889 Dear Mr. Gutierrez: 7 ID Reference is made to my letter of December 31, 1991. This letter discussed the meeting of November 8, 1991, of Messrs. John Thomas and Ken Jolly of my staff with Mr. Joe Humble of Davis Martin Powell & Associates, Inc. (engineering consultant for site) onsite of your property off Stanley Road adjacent to the an unnamed tributary of South Buffalo Creek, Greensboro, Guilford County, North Carolina. The purpose of the meeting was to review a request to fill a previously drained pond, and to inspect the site for wetlands subject to Department of the Army permitting authority. This letter also confirmed the December 3, 1991 wetlands survey verification and authorized Department of the Army Permit (Nationwide Permit 26) to fill 0.32 acres of the aforementioned jurisdictional wetlands. Reference is also made to your letter of January 24, 1992, where you requested Department of the Army authorization with a "Pre-Discharge nwide Permit 26" application to discharge fill Notification Form For __Nat- 19 within the remaining,'1.47 cres of the aforementioned delineated jurisdictional wetlands. For the purposes of the Corps of Engineers' Regulatory Program, Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the Federal Register on November 22, 1991, lists nationwide permits. Authorization was provided, pursuant to Section 404 of the Clean Water Act, for discharges of dredged or fill material into headwaters and isolated waters provided: a. the discharge does not cause the loss of more than 10 acres of waters of the United States; b. the permittee notifies the District Engineer if the discharge would cause the loss of waters of the United States greater than an acre in accordance with the "Notification" general condition. For discharges in special aquatic sites, including wetlands, the notification must also include a delineation of affected specific aquatic sites, including wetlands; and t -2- c. the discharge, including all attendant features, both temporary and permanent, is part of a single and complete project. Your proposed work, involving adverse modification to 1.79 acres of waters of the United States located above the headwaters of the aforementioned tributary, is authorized by nationwide permit provided it is accomplished in strict accordance with the enclosed conditions. Please be aware that this authorization does not relieve you of the responsibility to obtain any other required or local approval. You should contact Mr. John Dorney, North Carolina Division of Environmental Management, (919) 733-1786, to obtain the necessary Section 401, Water Quality Certification prior to starting work. This verification will be valid for 2 years from the date of this letter unless the nationwide authorization is modified, reissued, or revoked. Also, this verification will remain valid for the 2 years if, during that period, the nationwide permit authorization is reissued without modification or the activity complies with any subsequent modification of the nationwide permit authorization. If during the 2 years, the nationwide permit authorization expires or is suspended or revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit will remain authorized provided the activity is completed within 12 months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend, or revoke the authorization. Thank you for your time and cooperation. If you have any questions, please contact Mr. Thomas, Raleigh Regulatory Field office, telephone (919) 846-0648. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure: l -3- Copy Furnished (with enclosure): Davis Martin Powell & Associates, Inc. C/O Mr. Joe Humble 218 Gatewood Avenue Suite 102 High Point, North Carolina 27260 Copies Furnished (without enclosure): Mr. John Parker North Carolina Department of Environment, Health, and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John?Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health, and Natural Resources Post Office Box 27687 \ f Raleigh, North Carolina 27611-7687 v Regional Office Manager North Carolina Department of Environment, Health, and Natural Resources 8025 North Point Boulevard Suite 100 Winston-Salem, North Carolina 27106 IMPORTANT To _ ` ? l Date ` Time WHILE Y U WERE UT M Uw?tc of Phone - l A EA CODE NUMBER EXTENSION Message Q Chi l e-LV4L7V--' es.1t gned TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL N.C. Dept. of Environment, Health, and Natural Resources NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES WINSTON-SALEM REGIONAL OFFICE DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION January 2, 1992 M E M O R A N D U M To: John Dorney Through. Steve Mauney From: Eric Galamb ??--? SUBJECT: 401 Certification Stanley Road/Landmark Center U.T. South Buffalo Creek Commercial Fill Guilford County ? %e,7" Place Phase IT A site inspection was made on December 2, 1991 with Joe Humble (consultant). The UT to South Buffalo Creek is a class C NSW stream in the Haw River watershed. The plans are to fill in the remainder of an old pond (1.473 acres of wetlands). The existing wetland is an old pond that was breached 3-5 years ago. The wetland is a high quality wetland as depicted on the attached rating sheet. Mr. Humble suggested mitigation in order for us to issue a 401 certificate for Phase IT. The mitigation site (2.3 acres) is located within an UT to Bull Run Creek. This creek is a class C stream in the Deep River watershed. Therefore, The WSRO recommends that a 401 certificate be issued for Phase IT with the stipulation that mitigation will be necessary for the Phase IT 401 certificate. cc: WSRO - 1'r? lLt 1 ;v` ?J U V WETLAND RATING SYSTEM WORKSHEET 'aroject No. or description 7¢h?? : J ???•'` Location / f _ County Q ?tZr? Nearest road or town River basin C Nearest streamLj" nd classification-_4??/,,j.'/ Evaluator ERIC GALAMB Agency and address DEM - WSRQ O?h Date and time evaluated Major Wetland Type c?,l?r, CLtS?. Approximate size of wetland system acres Approximate extent of wetlands in area/. acres within niles Three most common plant species (in order): "'d SNMG'^S Soil Series (if known) Hydrologic indicators Direct surface hydrologic connection? YES NO Existing Conditions Drainage htktjayed Disturbance o ,kL Restoration potential nni rw,. Restoration value Is site known to provide habitat for rare, endangered or threatened species? If so, list species observed or recorded. Alf- - Item No. Score (circle one) I. Location/Landscape 1 Natural area buffer 5 2 Sensitive watershed 5 ff,) 3 2 1 0 3 Dispersal corridor system 5 4 3 2 0 II. Ecological Values 4 Special ecological attributes 5 4 C21) 1 0 5 Wildlife habitat 5 4 2 1 0 6 Aquatic life 5 4 -3 1 0 7 Water storage 5 4 3 1 0 8 Streambank stabilization 5 4 3 1 0 9 Removal of pollutants 5 4 2 1 0 III. Human Values 10 Outdoor recreation/education 5 4 2 1 0 11 Economic value 5 4 3 2 0 Total score 1':? Site description and notes: w,11,,? I ?o VO'O /,?? & 5G11?JGr r,) L• A- L-a J ??? AAJ olo,,N c6r ?c@ c. G• 3 ?? DAVIS - MARTIN - POWELL & ASSOCIATES, INC. ENGINEERING • LAND PLANNING • SURVEYING ?J 218 GATEWOOD AVENUE • SUITE 102 HIGH POINT, NC 27260 ----• -- -? PHONE (919) 886-4821 • FAX (919) 886-4458 1" - ? 1: R.C. LIP- DEC December 20, 1991 s Re: Wendover South ;Asso&at?? fI Co Phase II Fill -t Old Pond Area Stanley Road/Landmark Center Place, Job No. E-1457 (BF) Mr. Erick Galamb NC Department of Natural Resources and Community Development Water Quality Section 8025 Northpoint Boulevard, Suite 100 Winston-Salem, North Carolina 27106-3295 Dear Mr. Galamb: As we discussed during the submittal of Phase I, Wendover South Associates is now ready to submit for permit to fill Phase II which is the remainder of the old pond area. In regard to the above, please find enclosed the following: 1. Boundary map of wetlands as surveyed by Davis- Martin-Powell & Associates and certified by John Thomas, Army Corps of Engineers. 2. Copy of quad sheet "Guilford" with site indicated. 3. Landmark Center preliminary showing existing pond location and new replacement pond location. 4. Typical section of proposed dam and discharge. During our conversation on December 19, 1991, I mentioned that although Wendover South Associates is willing to construct a replacement pond of equal area to that of the old pond, the exact location may vary in order to obtain the maximum development of the property. When your schedule permits, please contact this office and I will be glad to meet with you on site. Mr. Erick Galamb NC Department of Natural Resources and Community Development Water Quality Section December 20, 1991 Page -2- Thank you for your cooperation concerning this matter. Very truly yours, DAVIS-MARTIN-POWELL & ASSOCIATES nt_?P' -A"Lae' Jo Humb e JH/res Enclosures c: Mr. Rick Gutierrez File 0 tJoaMaL- -pcoL L?J RISEK I _- -T- O P - Op DAI-A 69I,l,WA- '? Ga LLB - - iEENSBORO (P.O.) 6.8 Ml. ° 4.2 Ml. TO INTERSTATE 85 GREENSBORO (P.O.) 7.5 M). "