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HomeMy WebLinkAbout19970215 Ver 1_COMPLETE FILE_19970301i 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 APPROVAL of 401 Water Quality Certification Dr. Alan Parrow 610 Olde Point Road Hampstead, NC 28443 Dear Dr. Parrow; 1LT1.K;W'J H?MM E=- N F=>. March 17, 1997 Pender County WQC 401 Project #970215 You have our approval, in accordance with the attached conditions, to place fill material in 0.088 acres of wetlands or waters for the purpose of constructing a home at your lot win (#150, Olde Point Subdivision) off of SR 1688, as you described in your application dated 11 March 1997. After revie g your application, we have decided that this fill is covered by General Water Quality Certification Number 3106. This Certification allows you to use Nationwide Permit Number 18 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. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h) (6) and (7). For this approval to be valid you must follow the conditions listed in the attached certification. In addition, you should get any other federal, state or local permits before you go ahead with your project. Also this approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. 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 certification and its conditions are' fmal 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, Attachment sP ton Howard, Jr. P cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DWQ Regional Office Mr. John Dorney Central Files Wayne Ragland 970215.1tr Division of Water Quality Environmental Sciences Branch, 4401 Reedy Environmental Sciences Branch 73 Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # An Equal Opportunity Affirmative Action Employer • 50% recycled/1 o% post consumer 3 -9959 Paper L 12. Description of proposed work (Attach PLANS - 8 1/2"* 11" drawings only) : Fill for construction of detached single family . residence. (See attached map by Wayne Ragland). 13. Purpose of proposed work : Enlarge upland portions of lot to accommodate minimum building setbacks, restrictive covenants and similar requirements for construction of a detached single family residence. 14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also , note measures taken to minimize wetland impacts. Insufficient upland area to construct residence conforming to character of neighborhood and setbacks. 15, You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service (NMFS) regarding the presence of 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( ) RESPONSE FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO THE CORPS. Application mailed concurrently to National Marine Fisheries Service, Habitat Conservation Division. Pivers Island. Beaufort. NC 28516. Telephone 919-728-5090. 16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic prop6rfiee 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. ' Application mailed concurrently to State Historic Preservation Office. NC Division Of Archives And History. 109 East J6rn Street. Raleigh. NC 27601. 17. Additional information required by DEM : A. Wetland delineation map showing all wetlands, streams, and lakes on pr6perty. ?ij Appho s B. If available representative photograph of wetlands to be impacted by P rej t. C. If delineation is performed by consultant, include all relevant data shee"Jelevant to the pl delineation line. Attached ?., car°}F D. If a stormwater management plan is required for this project, attach ', (None o+' E. What is land use of surrounding property? Detached single family residentiaTlots F. If applicable, what is proposed method of sewage disposal? ' Owner's Slpatnrw r, :'. 3 /7/97 (WA Va" - 1- 7 DEM ID: ACTION ID: Nationwide Pe t Itegaested (Provide Nationwide Permit #) : # 18 rQFC?/??Q JOINT FORM FOR MqR > > 199 Nationwide Nationwide perms is that require application for Section 401 certification I RONM??TA? s??FN? WILMINGTON DISTRICT ENGINEER CORPS OF ENGINEERS DEPARTMENT OF THE ARMY PO BOX 1890 WILMINGTON NC 28402-1890 ATT: CESAW-CO-E Telephone 919-251-4511 WATER QUALITY PLANNING DIVISION OF ENVIRONMENTAL MANAGEMENT NC DEPARTMENT OF ENVIRONMENT HEALTH AND NATURAL RESOURCES PO BOX 29535 RALEIGH NC 27626-0535 ATT: MR JOHN DORNEY Telephone 919-733-5083 401 issue) ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE NC DIVISION OF ENVIRONMENTAL MANAGEMENT. PLEASE PRINT. 1. Owners Name : _ 2. Owners Address : IfOwum iPl me #.. 610 Olde Point Road 910-270-3199 L 4. If Applicable : Agents name or responsible corporate official, address, phone number : _ Limited Agent : Wayne Ragland (910-347-9036) 120 Balsam Road ' $_17: `` Jacksonville NC 28546-8508 5.1. oc*ian of work (MUST ATTACH MAP). County Pender awn or City: Hampstead aho? (include Road Numbers, Landmarks Etc) : US Hwy 17, 20t miles North of Wilmington tum right on NCSR ?? art on NGSR 1688, site is just over 1 mile on left, just past a cleared area on left for cul-de-sac. See l': ,, Al -t Irih; 1 11 eam / River : Old Topsail Creek (SAI about, SA, HQW, ORW, WS 1, OR WS II? YES (4) NO ( ) -% ly requested for use on this properly YES ( ) NO (4) of wales of the U.S., including wetlands, located on project site : 23,190 t SF lot with -#I " 115, mclodin` wetlands, impacted by the proposed project : 0.006 t aCrWuF a _ ' 4 . ,.J881 lS. . ?6'E+1117n) 12. Description of proposed work (Attach PLANS - 8 1/2"*11" drawings only) : Fill for construction of detached singleiwmo . residence. (See attached map by Wayne Ragland). 13. Purpose of proposed work : Enlarge upland portions of lot to accommodate minimum building setbacks, restrictive covenants and similar requirements for construction of a detached single family residence. 14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also , note measures taken to minimize wetland impacts. Insufficient upland area to construct residence conforming to character of neighborhood and setbacks. 15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service (NMFS) regarding the presence of 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 ( ) RESPONSE FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO THE CORPS. Application mailed concurrently to National Marine Fisheries Service. Habitat Conservation Division. Pivers Island. Beaufort. NC 285.16. Telephone 919-728-5090. 16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic pmpbrtiea id tht 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. - - Application mailed concurrent' to State Historic Preservation Office NC Division Of Archives And History i09 East Jonl i Strut. Raleigh. NC 27601. W d,,.,, 4t,x , 17. Additional information required by DEM : Ft Jb1?I .ire . A. Wetland delineation map showing all wetlands, streams, and lakes on property.,, r B. If available, representative photograph of wetlands to be impacted b ro'ect. C. If delineation is performed by consultant, include all relevant data shegts relevant to the delineation line. Attached " nr?Frw D. If a stormwater management plan is required for this project, starch !. ; (Now l eamV.(, E. What is land use of surrounding property? Detached single family residentiaC lots F. If applicable, what is proposed method of sewage disposed? 171?7 m Vicinity Map Wetland Permit NWP # 18 Appliention Exhibit to serve Dr Alan Parrow Lot 150 Olde Point S/D .Sawgrass Road Topsail Township Pender County, NC '-Up?S17 tip 'KI 4 { Sawgrass Road NCSR 1688, 60' 137,10• 00 S =10stof lor"mimmRd wetland till w 00 ?. w 00 M *F1ut a••'4IN CAR04i YNE R AGt:? Wetland Permit NWP # 18 Applieation Exhibit to serve Dr Alan Parrow Lot 130 Olde Point S/D ?p Sawgrass Road Topsail Township ?F h 26.52 4j Pender County, Nu Scale : 1" =301 0 IS 30 60 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project / Site : Lot 150, 01de Point S/D Date: 10 Jan 1997 Applicant / Owner : Dr Alan Parrow County: Pender Investigator : Wayne Ragland 910-347-9036 State: NC Do Normal Circumstances exist on the site'? rcess Community ID : Is the site significantly disturbed (Atypical Situation)`? Transect ID Is the area a potential Problem Area`? No Plot ID (If needed, explain on reverse) Owner : Dr Alan Parrow, 610 Olde Point Road, Hampstead NC 28443 (910-270-3199) Limited Agent : Wayne Ragland, 120 Balsam Road, Jacksonville NC 28546-8508 (910-347-9036) VEGETATION WETLAND Dominant Plant Species, Stratum, Indicator 1. Juncus roemeranus GC OBL 2. Spartina alternifolia GC OBL 3. 4. 5. 6. 7. 8. UPLAND Dominant Plant Species, Stratum, Indicator 1. Pinus taeda Tr FAC 2. Quercus virginiana Tr FACU+ 3. Myrica cerifera Sh FAC+ 4. Ilex vomitoria Sh FAC 5. 6. 7. 8. 11 Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-); 100% [wetlands] 11 Remarks : Similar conditions at and near wetland delineation points A-1, A-36, & A 48. .-, -HYDROLOGY _.,.--=---,,. rded Data (Describe in Remarks): Wetland Hydrology Indicators _ Stream, Lake, or Tide Gauge Aerial Photographs _ Other _ Inundated V Saturated in Upper 12 inches No Recorded Data Available - Water Marks Drift Lines ur? l ?bservat?ottd:; Sediment Deposits _ - --- ---- - - Drainage Patterns in Wetlands _ Depth of Surface Water : (in.) - Oxidized Root Channels in Upper 12" _?i?!af in Pit : (in.) _ _ - Local Soil Survey Data -.-.pMioSaUmvited Soil : 0-10"t FAC-Neutral Test _ Other (Explain in Remarks) arks - Similar ibo at and near wetland delineation points A-1 A-36 & A 48.. Adjacent wetlands tribute to Old Topsail Inlet CmeL ,I ?1 - i p?yMdyy?u?ppay,! ygb''< Approved by HQUSACE 3/92: (VERBATIM COPY) SOILS r Map Unit Namc (Series and Phase) : Bohicket Drainage Class very poorly drained Field Observations Taxonomy (Subgroup) Typic Sulfaquent Confirmed Mapped Type'? Yes No Profile Description: Upland soils were close taxadjuncts to the Onslow, Pactolus & Goldsboro soil series. Depth Matrix Color Mottle Colors Mottle Texture, Concretions. inches Horizon (Munscll Moist) (Munsell Moist) Abundance / Contrast Structure, etc. See attached abbreviated standard NRCS soil description for the Bohicket soil series. Hydric Soil Indicators: (Wetland soil area only) Histosol Concretions Histic Epipedon Sullidic Odor Aquic Moisture Regime Reducing Conditions High Organic Content in Surface Layer in Sandy Soils Organic Streaking in Sandy Soils Listed in Local Hydric Soils List Listed On National Hydric Soils List Gleyed or Low-Chroma Colors Other (Explain in Remarks) Remarks : Similar conditions at and near wetland delineation points A-1. A-36. & A 48. WETLAND DETERMINATION i; Hydrophytic Vegetation Present? Yes No (Circle) Wetland Hydrology Present? Yes No ucle)„___ ._ Hydric Soils Present? Yes No Is this Sampling Point Within a Wetland? No? s?? ,??' i , et??i"??l f4 Remarks Total delineation includes points A 1-122. Parcel delineated included Sawarass Court lots, privy, b WL?L ass Road & portions of Olde Point Estates. Adiacent wetlands, tributary to Old Topsail Creek. ifrlM?d: 11? I??r?,rr? ^-.J?T {I 1 w t li !i I? Revised to include uplands, 1/95 Approved by:410USd1C4 W2,: tVfi%ATIWCOPY) Bohicket Typic Sulfaquent Fl - fine MX - mixed TH - thermic Nonacid >60 Gray NA n>1 CL - coarse-loamy MC - coastal marsh MS NA VP - very poorly drained Sc 0-10 0-10 10-49 49-80 SICL, SIC, C MK, MK-PEAT SIC, C, SC VAR CH,MH PT CH,MH - 30-60 - 35-60 0.06-0.2 0.6-6.0 <0.06 0.02-0.06 0.02-0.06 0.02-0.06 6.1-8.4 6.1-8.4 6.1-8.4 60-100/15-60 - 50-100/16-60 D .28 5 4 Ag ; 0-10" ; dark gray (5Y 411) silty clay loam ; massive ; very sticky ; strong fine angular blocky structure when dry ; many medium and coarse pithy fibrous roots constituting 35 percent of mass by volume ; soil flows easily between fingers when squeezed and leaves small residue in hand ; neutral ; gradual wavy boundary. 8-24"-- Cg1 ; 10-49" ; dark gray (5Y 4/1) silty clay ; massive ; very sticky ; many fine and medium roots ; soil flows easily between fingers when squeezed and leaves hand empty ; neutral ; clear wavy boundary 20-50"-- Cg2 ; 49-55" ; dark gray (5Y 4/1) silty clay and very dark grayish brown (10YR 3/2) fine sandy loam ; massive; sticky ; few fine roots ; soil flows easily between fingers when squeezed and leaves small residue in hand ; neutral; clear wavy boundary. 0-8" Cg3 ; 55-68" ; greenish gray (5GY 5/1) clay ; common coarse faint gray (5Y 4/1) mottles ; massive;sticky ; few fine roots ; soil flows between fingers with some difficulty when squeezed leaving large residue in hand ; moderately alkaline ; gradual wavy boundary. 0-25"-- Cg4 ; 68-80" ; dark greenish gray (5GY 4/1) clay ; common medium faint greenish gray (5G 5/1) mottles ; massive; slightly sticky ; few lenses and pockets of dark grayish brown fine sandy loam material ; soil flow between fingers with some difficulty when squeezed leaving large residue in hand ; moderately alkaline. These soils are continuously saturated with sea water. Soil salinity is high or very high. The n value of all horizons within the 10- to 40- inch control section are 1 or more. Pale yellow sulfur compounds are common on surface of peds after air drying for 30 days. The soil ranges from slightly acid through moderately alkaline throughout. Organic layers totaling less than 16 inches thick are in some pedons. After air drying for 30 days it is extremely acid. The Ag horizon has hue of 10YR, 2.5Y, 5Y, or 5G, or it is neutral, value of 2 to 5, and chroma of 2 or less. It is silty clay loam, silty clay, or clay. The Cg horizon has hue of 10YR, 2.5Y, 5GY, or SBG, or it is neutral, value of 2 to 7, and chroma of 2 or less. The upper part of the Cg horizon is clay, silty clay, silty clay loam, clay loam, sandy clay, or the mucky analogues of these textures. Some pedons have pockets or thin strata of clay loam, sandy clay loam, silt loam, sandy loam, loamy sand, or sand. The lower part of the Cg horizon below about 40 inches, is variable, ranging from sand to clay. r 77 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 W IN REPLY REFER TO Regulatory Branch Action ID No. 199704525 Dr. Alan Parrow 619 Olde Point Road Hampstead, North Carolina Dear Mr. Parrow: April 7, 1997 Doti ?? ?, ?9ls J.?'9J ?xA Please reference your May 20, 1996, request, submitted by your agent, Mr. Wayne Ragland, for the Department of the Army (DA) authorization to discharge fill material into 0.088 acre of Section 404 wetlands for the construction of your home on Lot No. 150, in Olde Point Subdivision, on the south side of Sawgrass Road, adjacent to Old Topsail Creek, north of Hampstead, Pender County, North Carolina. Also, please reference the March 25, 1997, onsite meeting between Mr. Mickey Sugg of my staff and Mr. Ragland. The proposed project has been evaluated to determine whether the activity complies with terms and conditions of Nationwide Permit (NWP) No. 18 for discharges impacting up to 0.1 acre of jurisdictional wetlands. Based on our review of your plans, we have concluded that the discharge would have greater than a minimal adverse environmental impact, including cumulative impact on the aquatic environment. The forested wetlands within your proposed filled area are contiguous with regularly flooded marsh adjacent to Old Topsail Creek. These saturated wetlands are located on the southwest side of the property fronting the tidal creek, and parallel the entire length of Sawgrass Road. The project area wetlands provide a number of benefits to receiving salt marsh waters including the attenuation of storm water run-off, sediment and pollutant removal, nutrient uptake and transformation, groundwater discharge, improvements to water quality, and provide valuable habitat for various species of birds, mammals, reptiles, and amphibians. Furthermore, this area serves an important buffer strip between the increasing developed uplands and the regularly flooded salt marsh. In addition, the cumulative impacts associated with this project are considered to have greater than minimal impact to the aquatic environment due to the potential for fill in wetlands on several other undeveloped lots located along Sawgrass Drive and the surrounding roads in this subdivision. It is our position that the natural state functions of these wetlands, as stated above, provide important water quality and habitat benefits to old Topsail Creek and the surrounding waters that would be adversely impacted by the filling of these wetlands as currently designed. -2- Based on the above, we have verified that NWP #18 does not apply to your present proposal as it has greater than minimal impacts to the aquatic environment. Should you wish to pursue DA authorization you have the option of applying for a an Individual Permit (application enclosed) or modifying your proposal to minimize anticipated adverse impacts. Should you wish to pursue this option, the enclosed Pre-Construction Notification (PCN) should be completed and submitted to this office for our preliminary review. As discussed with Mr. Ragland, our recommendations are to'utilize all available high ground on the lot prior to any proposed encroachment in wetlands. Should you have any questions or comments regarding this matter, please contact Mr. Sugg, Wilmington Field office, at telephone (910) 251-4811. Sincerely, Terry R. Youngbluth Colonel, U.S. Army District Engineer Copies Furnished (without enclosures): Mr. John Parker North Carolina Department of Environment, Health, and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Ms. Janet Russell Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 Mr. John Dorney Division of Water Quality North Carolina Department of Environment, Health, and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Mr. Jim Gregson Division of Water Quality North Carolina Department of Environment, Health, and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Mr. Wayne Ragland 120 Balsam Road Jacksonville, North Carolina 28546-8508