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HomeMy WebLinkAbout19971019 Ver 1_Complete File_19971212State of North Carolina Department of Environment, LT9?FA H IT ealth and Natural Resources • • Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary p E H N A. Preston Howard, Jr., P.E., Director December 12, 1997 Carteret County DWQProject #971019 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Mr. James D. Sawyer 233 -H Western Blvd. Jacksonville, NC 28546 Dear Mr. Sawyer: You have our approval, in accordance with the attached conditions and those listed below, to fill in 0.032 acres of wetlands or waters for the purpose of road construction at Indian Beach, as you described in your application dated November 21, 1997. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3103. This certification allows you to use Nationwide Permit Number 14 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. 1. Deed notices, conservation easements or similar mechanisms shall be placed in all lots with remaining jurisdictional wetlands and waters to restrict future wetland and/or water impact. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). 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. Sincer ly, 1 Pre ton Howard, Jr. P.E. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DWQ Regional Office �� Y Centra iles 971019.1tr Division of Water Quality • Non - Discharge 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 . ,! .;,, DEM ID: ACTION ID: Nationwide Permit Re nested (Provide Nationwide Permit #) : # 14 to OINT FORM FOR Nationwide permits that require notification to the Corps of Engineers Nationwide permits that require application for Section 401 certificatio8N\cjcJ �C 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 HEWH AND NATURAL RESOURCES �� PO BOX 29535 /V`f) -, RALEIGH NC 27626 -0535 ATT: MR JOHN DORNEY OVI %00 % 199j Telephone 919 - 733 -5083 lv 7gtsC /*140'6:8 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: James D Sawyer (owner by option) 2. Owners Address: 233 -H Western Blvd, Jacksonville NC 28546 3. Owners Phone # : (Home) 910455 -8368 (WORK) 910 - 353 -1161 4. If Applicable: Agents name or responsible corporate official, address, phone number: Limited Agent: Wayne Ragland (910- 347 -9036) 120 Balsam Road Jacksonville NC 28546 -8508 Location of work (MUST ATTACH MAP). County Carteret Nearest Town or City : Indian Beach (East) Specific Location (Include Road Numbers, Landmarks Etc) : NC Hwy 58, Bogue Banks, across from Windward Dunes, behind tennis courts & rotary arm distributor STP. See attached copy of Carteret County Tax Map 6334.08. 6. Name of the Closest Stream/ River: Bogue Sound (SA) 7. River Basin: White Oak River Basin (DWQ designation) 8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS 1, OR WS II? YES NO ( ) 9. Have any Section 404 permits been previously requested for use on this property/? YES ( ) NO (4 ) If yes, explain. 10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 52,940 ± SF on all 4 lots that are proposed 11. Number of acres of waters of the US, including wetlands, impacted by the proposed project: Filled: Drained Flooded: Excavated Total Impacted: 1400 ± SF 1400 ± SF (WR Verbatim Copy; from 3/30/92 DEM Joint Form) N 12. Description of proposed work (Attach PLANS - 8 1/2 " *11" drawings only) : Fill to access water front lots on the sound (See attached Sketch Preliminary Plat and Wetland Impacts maps by Wayne Ragland, revision dated 11/13197). 13. Purpose of proposed work : Create detached single family residential subdivision 14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also , note measures taken to minimize wetland impacts. Only access to buildable high ground on Bogue Sound water frontage.. 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 properties 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 Jones Street, Raleigh, NC 27601. 17. Additional information required by DEM : A. Wetland delineation map showing all wetlands, streams, and lakes on property. (Wetland Impact Map attached) B. If available, representative photograph of wetlands to be impacted by project. A C. If delineation is performed by consultant, include all relevant data sheets relevant to the placement of the delineation line. Attached D. If a stormwater management plan is required for this project, attach copy. (Low density submittal concurrently) E. What is land use of surrounding property? Detached single family residential, multi family housing & woods. F. If applicable, what is proposed method of sewage disposal? On -site systems, applications submitted to the local health department (Limited agent : see attached agency designation) (WR Verbatim Copy; from 3/30/92 DEM Joint Form) a a� a� i � C cc O cc 0 Omk Odsk Ask No L Cfl r�i.' 0 O N N j m f lm �'�NMd�1�C0 O w° 0 0 .oa M a =o 0 $ O F 3 N Fi y � U � U co 3 � o � U O � Al Al 4 1�� j/ i f • i r'� � i 'k.. ------------------ - 14-14 14 NHwy ,g RNA' v � � an �ce3 y � n C?4 O 74 N pk�, vi '!, bOq v� G .a 0 0 U 14 .ti U r, a A O O Q � a .. o *' �` `; •. All Omk Odsk Ask No L Cfl r�i.' 0 O N N j m f lm �'�NMd�1�C0 O w° 0 0 .oa M a =o 0 $ O F 3 N Fi y � U � U co 3 � o � U O � Al Al 4 1�� j/ i f • i r'� � i 'k.. ------------------ - 14-14 14 NHwy ,g RNA' v � � an �ce3 y � n C?4 O 74 N pk�, vi '!, bOq v� G .a 0 0 U 14 .ti U r, Ito M H, �o� a A Q � a Ito M H, �o� M H, �o� DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project / Site : proposed Sawyer S /D, Indian Beach Date: 17 Jul 1997 Applicant / Owner: buyer, James D Sawyer County: Carteret Investigator : delineated by Wayne Ragland 910- 347 -9036 State: NC Do Normal Circumstances exist on the site? Yes Community ID: Is the site significantly disturbed (Atypical Situation)? Yes Transect ID Is the area a potential Problem Area? Yes N Plot ID (If needed, explain on reverse) GC Owner: buyer option James D Sawyer. 233 -H Westem Blvd, Jacksonville NC 28546 (910 -353 -1161) Agent: Wayne Ragland 120 Balsam Road, Jacksonville NC 28546 (910- 347 -9036) VEGETATION WETLAND Dominant Plant Species, Stratum, Indicator 1. Scirpus americanus GC OBL 2. Distichlis spicata 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. Mylica cerifera Sh FAC+ 4. Ilex vomitoria Sh FAC 5. Pteridium aquilinum GC FACU 6. Toxicodendron radicans GC FAC 7. Oxidized Root Channels in Upper 12" 8. Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC -); 1000% f wetlands 1.55% [ uplands] Remarks : At and near wetland delineation point E -27. HYDROLOGY _ Recorded Data (Describe in Remarks): Wetland Hydrology Indicators Stream, Lake, or Tide Gauge Aerial Photographs _ Other No Recorded Data Available 3 Inundated Saturated in Upper 12 inches Water Marks Drift Lines Field Observations : _ Sediment Deposits _ Drainage Patterns in Wetlands Depth of Surface Water: 6 "f (in.) Oxidized Root Channels in Upper 12" _ Depth to Free Water in Pit : (in.) Local Soil Survey Data Depth to Saturated Soil : 0 -12 "f (in.) FAC - Neutral Test Other (Explain in Remarks Remarks :-At and near wetland delineation point E -27. WETLANDS : See above. UPLANDS : No active hyddc hydrology found. Revised to include uplands, 1/95 Approved by HQUSACE 3/92 SOILS Map Unit Name (Series and Phase) : Duckston Drainage Class poorly drained Field Observations Taxonomy (Subgroup) Typic PSammaguent Confirmed Mapped Type? Yes No Profile Description: Actual soils at E -27 are close taxadjuncts to the Carteret soil series. Depth Matrix Color Mottle Colors Mottle Texture. Concretions, inches Horizon ( Munsell Moist) (Mansell Moist) Abundance / Contrast Structure. etc. WETLAND SOIL : See attached abbreviated standard NRCS soil description for the Duckston & Carteret soil series UPLAND SOIL: Upland soils near wetlands correctly mapped a Newhan/Corolla complex Hydric Soil Indicators: (Wetland soil area only) Histosol Concretions Histic Epipedon —T High Organic Content in Surface Layer in Sandy Soils —T Sulfidic Odor Organic Streaking in Sandy Soils T Aquic Moisture Regime Listed in Local Hydric Soils List —T Reducing Conditions Listed On National Hydric Soils List Gleyed or Low - Chroma Colors Other (Explain in Remarks) Remarks: WETLANDS : Sample location at and near wetland delineation point E -27. E & F lines along Carteret/Corolla soil series divide. A, B, C, D & G delineation line along Duckston /Corolla soil series divide. UPLANDS: Upland soils near wetlands correctly mapped a ewhan/Corol a complex. WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes No (Circle) Wetland Hydrology Present? Yes No (Circle) Hydric Soils Present? Yes No Is this Sampling Point Within a Wetland? Yes No Remarks: Delineation includes lines A, B, C, D, E & G. Delineation E is for coastal wetlands that are adjacent. Delineations A, B, C, D & G are isolated wetland dune troughs. Revised to include uplands, 1/95 Approved by HQUSACE 3/92 Duckston Typic Psammaquent SA - sandy SI - siliceous TH - thermic >60 Gray NA <5% Si +Cy C /CP BI, DP, FT - barrier island, upland depression, flats MS NA PO - poorly drained NC 0 -72 S, fS SP -SM, SP 3-4 >20 0.02 -0.05 5.6 -8.4 -/NP D .10 5 - Al : 0 -3" ; very dark grayish brown (10YR 3/2) fine sand ; single grained ; loose ; many fine and medium roots ; medium acid ; clear smooth boundary. 1 -6" A2 ; 3 -8" ; dark grayish brown (10YR 4/2) fine sand ; common medium distinct yellowish brown (10YR 5/6) stains around roots ; single grained ; loose ; many fine and medium roots ; common dark minerals ; medium acid ; clear smooth boundary 0 -6" A3 ; 8 -13" ; light brownish gray (10YR 6/2) sand ; common medium distinct yellowish brown (10YR 5/6) stains around roots ; single grained ; loose ; many fine and medium roots ; common dark minerals; medium acid; clear smooth boundary. 4 -12" Alb ; 13 -17" ; dark gray (10YR 4/1) sand ; single grained ; loose few pieces of undecomposed plant materials ; slightly acid ; clear smooth boundary. 5 -10" Cg ; 17 -80" ; gray (5Y 5/1) sand ; single grained ; loose, common fine opaques ; common minerals of various colors neutral. -- Thickness of the A and C horizon is more than 72 inches of sand or fine sand. The soil ranges from medium acid through moderately alkaline. Come pedons contain few to common fine to medium brownish organic stains and grayish or whitish mottles. The 10- to 40 -inch control section contains less than 5 percent silt plus clay. Small calcareous shell fragments are present in some pedons. The soil contains few to common grains of black, red, pink, dark brown, and white minerals. Some pedons exhibit a slight to strong sulfur odor below the surface horizons. The A horizon has hue of 10YR, 2.5Y, or 5Y, value of 3 to 8, and chroma of 0 to 2. The Alb horizon, where present, is 4 to 24 inches below the surface and contains few to common pieces of undecomposed plant materials. The Cg horizon has hue of 10YR, 2.5Y, or 5Y, value of 5 to 8, and chroma of 0 to 2, and greenish gray (5GY 5/1, 6/1). Carteret Typic Psammaquent SA - sandy MX - mixed TH - thermic >60 Gray NA CL - coarse -loamy MC - coastal marsh MS NA VP - very poorly drained NC 0 -80 LS,S SM, SP -SM >6.0 0.02 -0.10 5.6 -8.4 -/NP D .15 5 - All ; 04"; dark grayish brown (2.5Y 4/2) loamy sand ; weak medium granular structure ; very friable; many fine roots ; few to common gravel -size fragments of shells ; moderately alkaline ; clear smooth boundary. 3 -9 " -- Al2g ; 4 -10" ; dark gray (N 4/ ) loamy sand ; weak medium granular structure ; very friable ; many fine roots ; common sand and gravel -size fragments of shells; moderately alkaline ; gradual smooth boundary. (0-11")- - C1g ; 10 -34 "; gray (N 5/ ) loamy sand ; single grained ; very friable ; common fine roots in upper part ; common sand -size fragments of shells ; neutral ; gradual boundary. 16-36"- - C2g ; 34 -80" ; greenish gray (5GY 5/1) sand ; single grained ; loose; common sand and gravel -size fragments of shells ; moderately alkaline. Thickness of A plus C horizons is more than 80 inches. Reaction ranges from medium acid to moderately alkaline throughout the profile. Few to many fragments of shells are present throughout the profile. The Al horizon ranges from 3- to 20 inches in thickness and is dark gray (N 4/ ), dark grayish brown (10YR 4/2; 2.5Y 4/2), or dark greenish gray (5GY 4/1). Al horizons less than 10 inches thick range to very dark gray (10YR 3/1; 5Y 3/1; N 3/ ) and dark olive gray (5Y 5/3). Texture of the Al horizon is loamy sand or sand. The Cg horizons area greenish gray (5GY 5/1; 5G 5/1), dark greenish gray (5GY 4/1), gray (10YR 5/1; N 5/; 5Y 5/1), or dark gray (10YR 4/1; N 4/; 5Y 411) loamy sand or sand. In some pedons thin intermittent layers of clay loam, silty clay loam or layers of shell occur throughout the soil. 9 A. 0 Authorization of Limited Agency�� To: Whom It May Concern L. James D Sawyer. a co-owner of a. buy option on the 4.5 acre Edward Sebastian tract located between Hwy 58 and Bogue Sound, East Indian Beach, Carteret County, NC : do hereby confirm that Wayne Ragland at 120 Balsam Road, Jacksonville, NC (phone 910- 347 -9036) is hereby authorized to act as my agent for the purpose of preparing and submitting application(s) for CO -E Nationwide Permit(s), 441 Water Quality Certification, and Stormwater Management to serve the above referenced tract. Please refer all requests for on -site meetings, additional information or technical questions relative to the above site to Mr Ragland. Thank you.. FIFE NTT 1997 WATER QUALITY d'(7ii�4 &�la ^a� c'Jlii�'iElaiiv ^ ^e [elf, s$ sigmum Address: C. S.Z. %?r C-As'O „! ✓f��s /� C. L b' �G Telephone: �?/.a Date : // f r Zr 7