The URL can be used to link to this page

Home My WebLink About19970647 Ver 1_Complete File_19970801State of North Carolina Department of Environment, Health and Natural Resources 4 #j va, • Division of Water Quality James B. Hunt, Governor � F= H N Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director August 1, 1997 Carteret County DWQ Project # 970647 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Mr. Eric Stroud c/o Larry Zucchino Paton - Zucchino Assoc. 17 Glenwood Ave. Raleigh, NC 27603 Dear Mr. Stroud: You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 0.30 acres of wetlands or waters for the purpose of constructing a residential development at Coast Guard Road, Emerald Isle, N.C., as you described in your application dated 10 July 1997. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3108. This certification allows you to use Nationwide Permit Number 26 when it is issued by the Corps of Engineers. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non - Discharge and Water Supply Watershed regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application except as modified below. 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 and any additional conditions listed below. Deed restrictions, conservation easements or similar mechanisms shall be placed in all lots with remaining jurisdictional wetlands and waters to restrict total fill beyond one -third acre. These mechanisms shall be put in place within 30 days of the date of this letter. 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 final 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. Pston Howard, Jr. P Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DWQ Regional Office Mr. John Domey Central Files Larry Baldwin; Land Management Group 970647.1tr Division of Water Quality • Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919 - 733 -1786 FAX # 733 -9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper g -T.l. July 10, 1997 Mr. Mickey Sugg Corps of Engineers Regulatory Branch P.O. Box 1890 Wilmington, NC 28402 -1890 Dear Mickey: At 0f� 9ow 2522 Vdmv y&a, ✓{r"" %ia dma 25402 J 510- 452-000Y 97064"7 RECEIVED -7 197 ErNIRONMENTA� SCIENCES YW& >4 8805 Enclosed is a NWP 26 application_ by Steve- Straud.for minor fill permits. for. the Block 51 -N Tract which has a combined impacted area totaling 0.301 acres. The fill is needed to stabilize surrounding development activities. Thank you for your assistance in this matter. If you have any questions, please feel free to contact me. Sincerely, Larry. F. Baldwin, CPSS /SC NCLSS #1040; ARCPACS #2183 Enclosure; 1 copy of application cc: <ohn Domey, DWQ Jim Gregson, DWQ Renee Gledhill - Early, SHPO Janet Russell, CAMA Mr. Steve Stroud c/o Lary Zucchino National Marine Fisheries Service (mits'�Wn2►Lenuu Rot Alfa .x 2.522 dmo�, ./{AodA Waw4va 28402 Fel 8W0- 452 -000 9"a 2 -jil Ai& 14 2«.y 3 h 0 3805 ii�uSiitsw/(e tuu 9Wdm n, ✓ 6 2SWJ I \We, the undersigned, hearby authorize Land Management Group, Inc. as agents for 404 wetlands permit work on the property listed in the enclosed permit application. Land Management Group, Inc. should be contacted with any questions regarding this permit application. Signed ` ?dAp DEM Io- CORPS ACTION ID: NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): 26 PRE - CONSTRUCTION NOTIFICATION APPLICATION FOR NATIONWIDE PERMITS THAT REQUIRE: 1. NOTIFICATION TO THE CORPS OF ENGINEERS 2. APPLICATION FOR SECTION 401 CERTIFICATION 3. COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE AGENCY ADDRESSES SHEET). PLEASE PRINT. OWNERS NAME: Eric Stephen Stroud c/o Larry Zucchino, LLA MAILING ADDRESS: Paton - Zucchino & Associates P.A. 17 Glenwood Avenue Raleigh, NC 27603 2. PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): Steve Stroud Tract Block 51 -N located on the north side of Coast Guard Road and east of Old Coast Guard Road, Emerald Isle Beach, White Oak Township, Carteret County, NC TELEPHONE NUMBER (HOME):_Q (WORK): (919) 834 -8620 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Larry Baldwin c/o Land Management Group, P.O. Box 2522, Wilmington, NC 28402. (910) 452 -0001 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: Carteret NEAREST TOWN OR CITY: Emerald Isle SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): The tract is located on the north side of Coast Guard Road and east of Old Coast Guard Road Emerald Isle Beach, White Oak Township. Carteret Countv. NC 6. IMPACTED OR NEAREST STREAM /RIVER: ICWW RIVER BASIN: N/A 7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA), HIGH QUALITY WATERS (HOW), OUTSTANDING RESOURCE WATERS (OR", WATER SUPPLY (WS -I OR WS -11)? YES [x] NO a IF YES, EXPLAIN: Project is located near ORW. 7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ x ] NO [ ] 7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? 8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [ ] NO [x] IF YES, PROVIDE ACTION ID NUMBER OF PREVIOUS PERMIT AND ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): 8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES [ ] NO [x ] IF YES, DESCRIBE ANTICIPATED WORK: 9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND 9.0 acres 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 1.4 acres 10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: 0.301 acres EXCAVATION: FLOODING: OTHER: DRAINAGE: TOTAL ACRES TO BE IMPACTED: 0.301 10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION): N/A LENGTH BEFORE: FT. AFTER: FT. WIDTH BEFORE (based on normal high water contours): FT. AVERAGE DEPTH BEFORE: FT. AFTER: FT. (2) STREAM CHANNEL IMPACT WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: CHANNEL EXCAVATION: CONSTRUCTION OF A DAM FLOODING: OTHER: 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND? N/A WHAT IS THE EXPECTED POND SURFACE AREA? N/A 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED (ATTACHED PLANS: 8 " /z" X 11" DRAWINGS ONLY): Minor fill is needed for stabilization of surrounding development activities. 13. PURPOSE OF PROPOSED WORK: To stabilize nearby development activities. 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS): Tract boundaries prohibit project completion without wetland impacts. The project has been designed to maximize the use of available uplands and minimize wetland impacts. 15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE ( USFWS) AND /OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY ADDRESSES SHEET) 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. DATE CONTACTED: no longer send to USFWS per their request (ATTACH RESPONSES FROM THESE AGENCIES.) 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED; mailed application 7/16/97 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES[ ] NO [x] (IF NO, GO TO 18) a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES[ ] NO[ ] b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE? YES[ ] NO[ ] IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT. QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS. CHRYS BAGGETT DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES.STREET, RALEIGH, NORTH CAROLINA 27603 -8003, TELEPHONE (910) 733 -6369. 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS: a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29 AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH EQUALS 100 FEET OR THEIR EQUIVALENT. b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT. c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED. e. WHAT IS LAND USE OF SURROUNDING PROPERTY? Residential f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? No additional disposal necessary g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO: 1. ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, 2. EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND, 3. (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM. NER'S /AGENT'S SIGN RE -4- N 'ro Larry F. Baldwin, CPSS /SC NCLSS #1040; ARCPACS #2183 Land Management Group, Inc. (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED 0 8g•)) / / DATE F is I Y ..... •' • t ' fl�SC ` � j� 1v .. nv-, a r`��t'4��.(� -1 •• � i � 5 r_ f • - �._- ..�li•K%ntiS1i:Jo* �.�.:i.S_rui' �9rs,�� N n SCALE 1" = 200' L.:Steve Stroud Tract Land Management Group, -Inc. Environmental Consultants Site Plan. Block 51.N Wilmington,. N.C. arteret County July, 1997 N SCALE 1 " = 2000' Steve Stroud Tract Land Management Group, Inc. Block 51 -N Environmental Consultants Soil Conservation Service Carteret County, NC Wilmington, N.C. Soil Survey July, 1997 Steve Stroud Tract Block 51.N Carteret County Land Management. Group, Inc. Environmental Consultants Wiimington, N-C. July, 1997 T SCALE 1" = 2.4 MILES Vicinity Map I LAND MANAGEMENT GROUP, INC. DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: Stephen Stroud Block 51 -N Applicant(Owner: Stephen Stroud Investigator: Larry Baldwin ) Normal Circumstances exist on the site? to the site significantly disturbed (Atypical Situation)? Es) the area a potential Problem Area? Yes needed, explain on reverse.) VEGETATION WETLAND 1 of 2 Date: 7 -7 -97 County: Carteret State: NC Community ID: Wetland Transect ID: - Plot ID: - Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicatoi Loblolly pine Tree FAC 9. 2. Wax myrtle Tree FAC+ 10. Eastern baccharis Shrub FAC 11. 4. Cedar Tree FACU- 12. 5. Smilax W. vine FAC 13. 14. 15. 16. Percent of Dominant Species that are OBL, FACW or FAC (exclucuding FAC -) Remarks: HYDROLOGY Wetland Hydrology Indicators: _Recorded Data (Describe in Remarks): Primary Indicators _Stream, Lake, or Tide Gauge Inundated _Aerial Photographs k Saturated in Upper 12 Inches _ Other _Water Marks No Recorded Data Available Drift Lines _ _Sediment Deposits _Drainage Patterns in Wetlands Field Observations: Secondary Indicators (2 or more required): _ Oxidized Root Channels in Upper 12 inches Depth of Surface Water: (in.) Leaves _Water-Stained Local Soil Survey Data Depth to Free Water in Pit: (in.) _ cc FAC- Neutral Test Depth Saturated Soil: Sa � r� _Other (Explain in Remarks) to (in.) SOILS Proiect/Site: Steohen Stroud Block 51 -N Page 2 of 2wetland Map Unit Name (Series and Phase) Duckston fine sand Drainage Class: Four Field Observations Taxonomy (Subgroup): Typic Psammaquents Confirm Mapped Type? Yes No Profile Description: Depth Matrix Color Mottle Texture, Concretion: (inches) Horizon (Munsell Moist) Abundance/Contrast Structure, etc. very friable; weak 0-5 A 10YR 3/1 med. granular struct single grained; loose 5-50 CG 25Y 6/2 clear wavy boundary Hydric Soil Indicators: Histosol Concretions Histic Epipedon K' High Organic Content in Surface Layer in Sandy S _ Sulfidic Odor _Organic Streaking in Sandy Soils _Aquic Moisture Regime 1c Listed on Local Hydric Soils List Reducing Conditions k Listed on National Hydric Soils List k Gleyed or Low -Chroma Colors _ Other (Explain in Remarks) Remarks: Hydrophytic Vegetation Present? No (Circle) (Circle) Wetland Hydrology Present? No Hydric Soils Present? es No Is this Sampling Point Within a Wetlan Yes No Remarks: Wetland line flagged in pink/black ribbon. Land Management Group, Inc. Post Office Box 2522 Wilmington, N.0 28402 910- 4520001 LAND MANAGEMENT GROUP, INC. DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: Stephen Stroud Block 51 -N Applicant/Owner. Stephen Stroud Investigator: Larry Baldwin Normal Circumstances exist on the site? iYe No the site significantly disturbed (Atypical Situation)? Yes the area a potential Problem Area? Yes o needed, explain on reverse.) VEGETATION UPLAND 1 of 2 Date: 7 -7 -97 County: Carteret State: NC Community ID: Upland TransectID: - Plot ID: - Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator Loblolly pine Tree FAC 9. 2. Yaupon Shrub FAC 10. Bracken Fern G. cover FACU 11. 4. Llve Oak Tree FACU 12. 5. Red Bay Tree FACW 13. 14. 7. 15. 3. 16. Percent of Dominant Species that are OBL, FACW or FAC (exclu( uding FAC -) 10070 Remarks: HYDROLOGY Wetland Hydrology Indicators: _Recorded Data (Describe in Remarks): Primary Indicators Stream, Lake, or Tide Gauge _ Inundated Aerial Photographs ' —Other _Saturated in Upper 12 Inches Water Marks No Recorded Data Available _ Drift Lines _ Sediment Deposits Drainage Patterns in Wetlands Field Observations: Secondary Indicators (2 or more required): _Oxidized Root Channels in Upper 12 inches Depth of Surface Water: (in.) _Water-Stained Leaves Local Soil Survey Data Depth to Free Water in Pit: > Z� (in.) _ FAC- Neutral Test � 7 1-t _ Other (Explain in Remarks) Depth to Saturated Sal: (in.) f lb SOILS Proiect/Site: Stephen Stround Block 51 -N Paae 2 of 2 uDland Map Unit Name (Series and Phase) Corolla/Fripp fine sand Drainage Class: One/Two Field Observations Taxonomy (Subgroup); Aquic/Typic Quartzipsamments Confirm Mapped Type? Yes No Profile Descripti on: Depth (inches) 0 -4 4 -10 10 -22 22-42 Hydric Soil Indicators: _ Histosol Histic Epipedon _ Sutfidic Odor _Aquic Moisture Regime _ Reducing Conditions _Gleyed or Low- Chroma Colors Mottle Texture, Concretion: Abundance /Contrast Structure, etc. single grained; loos( - gradual wavy bound single grained; loos( - diffuse wavy bounds single grained; loos( - diffuse smooth bour single grained; loos( - diffuse smooth bour _ Concretions _ High Organic Content in Surface Layer in Sandy S —Organic Streaking in Sandy Soils _ Listed on Local Hydric Soils List _ Listed on National Hydric Soils List —Other (Explain in Remarks) Remarks: No hydric soil conditions observed in upland areas. WETLAND DETERMINATION Hydrophy is Vegetation Present? � No (Circle) (Circle) Wetland Hydrology Present? Yes Hydric Soils Present? Yes o Is this Sampling Point Within a Wetianc Yes No Wetland line flagged in pinkiblack ribbon. Matrix Color Horizon (Munsell Moist) A 10YR 4/2 AC 10YR 5/2 C 10YR 6/4 CG1 2.5Y 7/2 Hydric Soil Indicators: _ Histosol Histic Epipedon _ Sutfidic Odor _Aquic Moisture Regime _ Reducing Conditions _Gleyed or Low- Chroma Colors Mottle Texture, Concretion: Abundance /Contrast Structure, etc. single grained; loos( - gradual wavy bound single grained; loos( - diffuse wavy bounds single grained; loos( - diffuse smooth bour single grained; loos( - diffuse smooth bour _ Concretions _ High Organic Content in Surface Layer in Sandy S —Organic Streaking in Sandy Soils _ Listed on Local Hydric Soils List _ Listed on National Hydric Soils List —Other (Explain in Remarks) Remarks: No hydric soil conditions observed in upland areas. WETLAND DETERMINATION Hydrophy is Vegetation Present? � No (Circle) (Circle) Wetland Hydrology Present? Yes Hydric Soils Present? Yes o Is this Sampling Point Within a Wetianc Yes No Wetland line flagged in pinkiblack ribbon.