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HomeMy WebLinkAbout19880279 Ver 1_COMPLETE FILE_19880101.s. ... STA7F State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor R. Paul Wilms S. Thomas Rhodes, Secretary August 9, 1988 Director Mr. Robert L. Moul Timber & Land Management Consultants, Inc. P.O. Box 1471 Wilmington, NC 28402-1471 Subject: Proposed Fill in Headwaters or Isolated Wetlands Vista Point Subdivision Pender County Dear Mr. Moul: Upon review of your request for Water Quality Certification to place fill material in isolated wetland areas near Hampstead, we have determined that the proposed fill can be covered by General Water Quality Certification No. 2176 issued November 4, 1987. 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. If you have any questions, please contact Bill Mills at 919/733-5083. Sincerely, Original Signed By William G. (lilts For R. Paul Wilms RPW/dkb Attachment cc: Wilmington District Corps of Engineers Wilmington Regional Office Pollution. Prevention Pais P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733.7015 An Equal Opportunity Affirmative Action Employer A, V &1? ? ? /,/// 7/ ??-?'?°"e 9?9/??3- 072 R E C E ...I` V, July 27, 1988 114 Mr. Bill Mills Division of Environmental Management P.O. Box 27687 Raleigh, NC 27611 Dear Bill: Enclosed is a 401 Certification Request to place approximately 5,000 c.y. of fill dirt, asphalt and/or ABC stone over 2.83 acres of isolated wetlands for improvements to an existing subdivision located at "Vista Point" near Hampstead, Pender County. The wetlands have been flagged and surveyed and are identified on the plat. The nationwide permit #26 is attached for your information. The isolated 404 wetlands consist of fringing bay-type wetlands growing in the upland flats and side slopes on hard pan soils. The applicants, Vista Shores Development, Inc., wish to root rake and landscape the entrance to the site and place fill materials for improvements as illustrated in the shaded areas on the plat. Thank you for your consideration of this 401 Certification Request. Should you have any questions, please advise. Sincerely, Robert L. Moul Land Use Consultant RLM/nm enclosures PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION - 401 EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAIM @E,LPA?E Department of Administration State of North Carolina Department o the Army (GS 146.12) Department of Natural Resources and Community Development Co? •?(j ? 10 the District (GS 113-229,143-215.3(a)(1). 143-215.3(c), 113A•1IS (33 CFR 209.320.329) WAR Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank. "Vista Point', 1. Applicant Information A.Namc c/o Timber & Land Management Consultants, Inc. Last First Middle 8. Address P.O. Box 1471 _ Street, P. O. Box or Route GTi_lminrrinnr Nrgggn7-1471 141-Q172 City or Town State Zip Code Phone If. Location of Proposed Project: A. County Pender 8. 1. City, town, community or landmark North of Olde Point Golf Course, Hampstead 2. Is proposed work within city limits? Yes No X C. Creek, river, sound or bay upon which project is located or nearest named body of water to project Unnamed drain ? ., 1-Q rAi (7o Ani nt pnnt1C z 111. Description of Project 1 A. 1. Maintenance of existing project 2. New work 65 lot residential subdivision B. Purpose of excavation or fill 1. Access channel length width depth 2. Boat basin Icngth width depth 3. f ill arcs rna_d F. hu i 1 rl i ngg-length as as depth +/- 4. Other Icngth width depth C. 1. Bulkhead length N/ A Average distance waterward of MHW (shoreline) 2. Type of bulkhead construction (material) N/A D. Excavated material (total for project) 1. Cubic yards N/A 2 Type of material E. Fill material to be placed below MHW (see also VI. A) 1, Cubic yards-4-Z- 1;., nnn r _ 2. Type of material sand, AR stnn _, asphalt. rock IV. Land Type, Disposal Area, and Construction Equipment: A. Ducs the area to be excavated include any marshland, swamps or other wetland? Yes X No B. Does the disposal area include any marshland, swamps or other wetland? Yes X No C. Disposal Area 1. Location- N/A 2, Do you claim title to disposal area?_ N/A t). _f ill milcrial source if fill is to be trucked in Upland borrow area & sand on-site I:. How will excavatcd material be entrapped and erosion controlled?-- N/A 1. l Yi)c of cyuipmcnt to be uscd _1_ n_.t-r. Y n n and Gcrapr-_r G. Will marshland be crossed in transporting equipment to project site? If yes, explain 1??t3 APPLICATION FOR V. .IntcvKkd Use of Project Area (Describe) A. 1. Private- 2. Commercial 3. Housing Development or Industrial G R T ni Sj1bd i v4 cinn 4. Other B. 1. Lot size(s) Tract = 26.5 acres 2. Elevation of tot(s) above mean high water +/- 32' (MSL ) 3. Soil type and texture Leon r Kureb and Murville 4. Type of building facilities or structures Paved road, driveways and homes 5. Sewage disposal and/or waste water treatment A. Existing Planned X B. Describe _Septic tanks & central sewer 6. 'Land Classification'(circle one) DEVELOPED TRANSITIONAL COMMUNITY RURAL CONSERVATION OTHER (See CAMA Local Land. Use Plan Synopsis) VI. Pertaining to Fill and Water Quality: A. Does the proposed project involve the placement of fill materials below mean high water? Yes No X B. 1. Will any runoff or discharge enter adjacent waters as a result of project aitivity or planned use of the area following project completion? Yes No X 2. Type of discharge N/A 3. Location of discharge N/A VII. Present rate of shoreline erosion (if known): NT / a VII 1. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for work in project area, if applicable: Army Cnr= g Na t i nnw i dP Permit No 6 5 / 8 8 • IX. Length of time required to complete projec3:-%A mnni-ha X. In addition to the completed application form, the following Items must be provided: ._, N / A A. Attach a copy of the deed (with State application only) or other instrument under which applicant ' claims title to the affected property. OR if applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title plus written permission from the owner to carry out the project on his land. ,ttaehdild Attach an accurate work plat drawn to scale on 8h X 11" white paper (see instruction booklet for details). Note: Original drawings preferred - only high quality copies accepted. C. A copy of the application and plat must be served upon-adjacent riparian landowners by registered or certified mail or by publication (G.S. 113-229 (d))Enter date served M / A D. List names and complete addresses of the riparian landowners with property adjoining applicant's. Such owners have 30 days in which to submit comments to agencies listed below. X1. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved coastal management program and will be conducted in a manner consistent with such program. X11. Any permit issued pursuant to this application will allow only the development described In this appli- cation and plat. Applicants should therefore describe in the application and plat all anticipated devel- opment activities, including construction, excavation, filling, and land clearing. ATE July 27, 1988 Applicant's Signature rNer .., . c. IN REPLY REFER TO Regulatory Branch DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 April 5, 1988 SUBJECT: Nationwide Permits Nos. 14 and 26 Mr. Rob Moul Timber & Land Management Consultants, Inc. Post Office Box 1471 Wilmington, North Carolina 28402 Dear Mr. Moul: On April 1, 1988, we received your request on behalf of the Vista Shores Development, Inc., plans to develop the Vista Point subdivision within the headwaters of Topsail Creek, north of Hampstead, in Pender County, North Carolina. Your client plans to place fill material on 0.97 acre of wetlands (headwaters) and to construct a 74-foot-long, 20-foot-wide fill access roadway (minor road crossing) within the Vista Point subdivision. 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 minor road crossing fills including all attendant features, both temporary and permanent, that are part of a single and complete project for crossing of a non-tidal waterbody, provided that the crossing is culverted, bridged or otherwise designed to prevent the restriction of, and to withstand expected high flows and provided further that discharges into any wetlands adjacent to the waterbody do not extend beyond 100 feet on either side of the ordinary high water mark of that waterbody. 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. '0 , 1. -2- Your work 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 required State or local approval. If you have questions, please contact Mr. Hugh Heine, Regulatory Branch, telephone (919) 343-4725. Sincerely, ha W. Hot hie , Regulatory Branch Enclosure Copies Furnished (without enclosure): Mr. William Mills Water Quality Section Division of Environmental Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Vista Shores Development 2002 Eastwood Road Wrightsville Beach, North Carolina 28480 . .i y R CONDITIONS a. Any discharge of dredged or fill material will not occur in the proximity of a public water supply. b. The activity will not jeopardize a threatened or endangered species as identified under the Endangered Species Act, or destroy or adversely modify the cultural habitat of such species. c. Any discharge of dredged or fill material will consist of suitable material free from toxic pollutants. d. Any structure or fill will be properly maintained. e. An individual State water quality certification must be obtained or waived. Conditions of certification will be considered to be special conditions of the Federal nationwide permit. f. The following management practices will be followed to the maximum practical extent: (1) Discharges of dredged or fill material into waters of the United States will be avoided or minimized through the use of other practical alternatives. (2) Discharges in spawning areas during spawning seasons will be avoided. (3) Discharges will not restrict or impede the movement of aquatic species indigenous to the waters or the passage of normal or expected high flows or cause the relocation of the waters (unless the primary purpose of the fill is to impound water). (4) If the discharge creates an impoundment of water, adverse impacts on the aquatic system caused by the accelerated passage of water and/or the restriction of its flow will be minimized. (5) Discharge in wetland areas will be avoided. (6) Heavy equipment working in wetlands will be placed on mats. (7) Discharges into breeding areas for migratory waterfowl will be avoided. (8) All temporary fills will be removed in their entirety.