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
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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
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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
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*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
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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.
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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