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
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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
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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
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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
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Message Q
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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
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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:
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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
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