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HomeMy WebLinkAbout19970100 Ver 1_Complete File_19970218State 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 e�� �EHNR February 18, 1997 Brunswick County DWQ Project # 970100 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS A. L. Morrison Construction Co. P.O. Box 6400 Sunset Beach, NC 28470 Dear Sirs: You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 0.028 acres of wetlands or waters for the purpose of constructing a home at Lot 13, Block 40 -C Sunset Beach, NC, as you described in your application dated 7 February 1997. After reviewing 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 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. Applicant is reminded that a deed restriction or conservation easement shall be placed on the remaining wetlands on this lot to prevent future fill. The N.C. Division of Coastal Management in the Wilmington Regional Office shall be contacted regarding any needed CAMA Permit. 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. 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. r$i ely, s on How , Jr. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DWQ Regional Office Mr. John Dorney Central Files Paul Farley; Land Management 970100.1tr 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 Aff irmative Action Employer • 50% recycled /100% post consumer paper 9wed 9. %!! �lefelten ..t!lottiao,� February 7 . 1997 Mr. John Dorney Division of Water Quality NC Dept. of Environment, Health and Natural Resources 44401 Reedy Creek Road Raleigh NC, 27607 Ad C)pm AM 2522 Wdm &7&a, AoWA Wato"a 28402 d'. W0452-0001 I a gaik i4 Aant%t �% . 96h 380.5 Wtt*"tA!& , 4m w 'Wdm&W&n, M 28408 Dear John: Q O' S' Enclosed is a Nationwi a 18 ermit applicatio orrison Construction Company. The application proposes to impact approximatery 0.28 acre.5of wetlands for the purpose of home construction. The lots were plotted prior to �t boundaries prohibit construction without fill. An approximately 50'x40' upland area is required to complete the waste treatment system with associated setbacks. Thank you for your assistance in this matter. If you have questions, please feel free to contact me. Sincer Paul M. Farley Wetland Scientist Enclosure: 7 copies of application cc: Michael Hosey, U.S. Army Corps of Engineers Kim Tripp, U.S. Fish and Wildlife RECEIVED Janet Russell, N.C. Division of Coastal Management National Marine Fisheries Service rEB 1 Q 1997 Renee Gledhill Early, S.H.P.O Mr. Al Morrison. EKVIRONMENIAISGIENOR9 Jim Gregson, D.W.Q. �" w 9701013 401 ISSUEC? DEM III• CORPS ACTION ID: NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): 18 PRE - CONSTRUCTION NOTIFICATION APPLICATION FOR NATIONWIDE PERMITS THAT REQUIRE: RECEIVED 1. NOTIFICATION TO THE CORPS OF ENGINEERS FEB 1 0 19971 2. APPLICATION FOR SECTION 401 CERTIFICATION 3. COORDINATION WITH THE NC DIVISION OF COASTAL MANAGENWAMSCIENC59 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. 1. OWNERS NAME: A.L. Morrison Construction 2. MAILING ADDRESS: P.O. Box 6400 Sunset Beach. NC 28470 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): Lot 13. Block 40-C Sunset Beach NC. The lot is located on North Shore Drive West at the intersection of North Shore Drive West and 29th Street TELEPHONE NUMBER (HOME): (WORK): (910- 579 -7870 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Paul Farlev or Craia Turner c/o Land Management Grouo. P.O. Box 2522. Wilminsaton 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: Brunswick NEAREST TOWN OR CITY: Sunset Beach SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): Lot 13. Block 40C. Sunset Beach NC. Lot is located at the on the north side of the intersection of North, Shore Drive West and 29th Street 6. IMPACTED OR NEAREST STREAM/RIVER: Atlantic Intercoastal Waterwav RIVER BASIN: Little River 7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA), HIGH QUALITY WATERS (HOW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY (WS -I OR WS -II)? YES [x) NO a IF YES, EXPLAIN: The project boundary is near the intercoastal water way SA waters 7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO [x ] 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? Zoned single family residential by the town of Sunset Beach 6 , 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 [ j NO [ x] IF YES, DESCRIBE ANTICIPATED WORK: 9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF Land 0.20 acres 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 0.14 acres 10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: 0.028 acres EXCAVATION: FLOODING: OTHER: DRAINAGE: TOTAL ACRES TO BE IMPACTED: 0.028 acres 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'f" X 11" DRAWINGS ONLY): The Droposed work will allow for home construction and comDletion. Work will be done to countv building code specifications 13. PURPOSE OF PROPOSED WORK: To allow for residential construction of a house. 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 orohibit home comDletion without wetland imDacts. An aDDroximately 40'x50' uDland area is reauired for the comDletion of a seDtic system and associated setbacks. Therefore the enclosed site Dian, is or000sed. A silt fence will be installed alona the wetland/filled wetland line to Drevent erosion into the non - impacted wetland area. 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: mailed application 2/7/97 (ATTACH RESPONSES FROM THESE AGENCIES.) I 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 217/97 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? Zoned sinole family residential by Town of Sunset Beach f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? On -site waste treatment system desioned to NC DEHNR saecifications 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. 1 OWNER'S // /AGENT'S SIGNATURE Paul M. Farley Wetland Scientist Land Management Group, Inc. (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED (18g.)) ATE AUG 12 196 15:09 A.L.MORRISON CONSTRUCTION 919 579 2239 TO: P@1 , !lIVVVfff ��` oa. i� as yrromen,t 344>ezA,, Arw- Ad@to as. Am 90M"&08,,/" WOW400 A8404 x/. *o-4ds -000Y 9L"2 e saa�,c«► .�c�. 9144%.4 264..y SW Q4 CP. 96A I \We, the =de,sigr_ed, hearby authorize Land Management Croup, Inc. as agents for 404 wetlands permit work on the property listed in the enclosed pernit application. band Management Group, Inc. should be contacted with any questions regarding this permit application. Signed :•k ,)'` �- Date IP^ 14 08/14/96 09:14 TX /RX N0.1160 P.001 0 I - t INTRACOASTAL WATERWAY MARSH SITE Lot 13, North Shore Drive West Sunset Beach Brunswick County, NC NOT TO SCALE LAND MANAGEMENT GROUP, INC January 29, 1997 NWP 26 Request Vicinity Map m OLA *-ET S. 111 P Lot 13, Block 40-C Sunset Beach Brunswick County, NC 13 MIS:) W NOT TO SCALE LAND MANAGEMENT GROUP, INC February 6, 1996 NWP 18 Request Vicinity Map i Lot 13, Block 40-C Sunset Beach Bladen County, NC 11 LAND MANAGEMENT GROUP, INC February 6, 1997 I SCALE 1" = 2000' NWP 18 Request 7.5 Minute Quad USGS Topo Map Little River Quad 1 Lot 13, Block 40-C Sunset Beach Bladen County, NC 0 LAND MANAGEMENT GROUP, INC February 6, 1997 n, d L D L `a c 'O SCALE 1" = 2000' NWP Request S.C.S. Soils Map i a� 4— rr� v/ ,I .a «a. a a..•.. a..*.awa " uu.a4j�''�a a ,a 3 a� iLM In Z �W`w) V W J 0 n r- w J Q U U) N N ` V � O 0 O i L 'd R3 ea � d N a OOL .t a d �a ao V-= aU) 3 Z Z Z V W Z n Z� Q J r tD LL z � V C m cm U Fn �Y "�3 0 L m All LAND MANAGEMENT GROUP, INC. DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) II i Project/site: LOTS T2 & 13, BLOCK 40 —C Applicant /Owner: AL MORRISON Investigator: TURNER Do Normal Circumstances exist on the site? P..-S No Is the site significantly disturbed (Atypical Situation)? o� Is the area a potential Problem Area? Yes 00 (if needed, explain on reverse.) Pag e 1 of 2 Date: 08/15/96 County: BRUNSWICK State: NC Community ID: Wetland Transect10: Plot ID: VEGETATION Wetland Hydrology Indicators: Dominant Plant Species Stratum Indicator Dominant Plant Species 1. Baccharis halimifolia Shrub FAC 9. i 112. Myrica cerifera Shrub FAC+ 10. 3. Juncus roemeranus G. Cover OBL 11. 4. Spartina patens G. Cover FACW 12. 5. Toxicodendron radicans W. Vine FAC 13. 6. Typha augustifolia G. Cover OBL 14. 7. Smilax rotundifolia W.Vine FAC 15. 8. I 16. I Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC —) 100 percent Remarks: Greater than 50 percent of the dominant species are OBL. FACW, or FAC. Stratum Indicator HYDROLOGY _ Wetland Hydrology Indicators: Recorded Data (Describe in Remarks): Primary Indicators Stream,Lake, or Tide Gauge _Aerial Photographs _Inundated X Saturated in Upper 12 Inches Marks _Other X No Recorded Data Available _Water X Drift Lines Sediment Deposits X Drainage Patterns in Wetlands Feld Observations: Secondary Indicators (2 or more required): Oxidized Root Channels in Upper 12 inches Depth of Surface Water: N/A (in.) X Water— Stained Leaves X _Local Soil Survey Data Depth to Free Water in Pit: <_ 12 (in.) FAC— Neutral Test __ Other (Explain in Remarks) Depth to Saturated Soil: < 12 (in.) Remarks: Primary and secondary wetland hydrology indicators were observed. SOILS Proiect /Site: LOTS 12 & 13. BLOCK 40 —C Paqe 2 of 2 wetland Map Unit Name I (Series and Phase):Duckston Drainage Class: vpd Field Observations Taxonomy (Subgroup):Typic Psammaquent Confirm Mapped Type? Yes No Profile Description: Depth Matrix Color Mottle Texture Concretions , (inches) Horizon (Munsell Moist) Abundance /Contrast Structure, etc. Ls; v. fr; weak 0-12 A 10Y 4/1 — med. gr. structure sand;s. grained; loose 12-20 CG1 10YR 6/2 — clear wavy boundary Hydric Soil Indicators: _Histosol _Histic Epipedon Sulfidic Odor X Aquic Moisture Regime X Reducing Conditions X Gleyed or Low — Chroma Colors Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes No (Circle) Wetland Hydrology Present? Yes No Hydric Soils Present? Yes No Remarks: Wetland line flagged in pink /black ribbon. OWNER'S NAME: AL MORRISON 418 33rd ST. SUNSET BEACH, NC 28468 910 - 579 -9720 _Concretions _High Organic Content in Surface Layer in Sandy Soils Organic Streaking in Sandy Soils X Listed on Local Hydric Soils List Listed on National Hydric Soils List Other (Explain in Remarks) (Circle) Is this Sampling Point Within a Wetlan . Yes No Approved by HOUSACE 3/92 Land Management Group, Inc. Post Office Box 2522 Wilmington, N.C. 28402 0- 452 -0001 `/ w -. ( % . ` LAND MANAGEMENT GROUP, INC. DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Paae 1 of 2 Project/Site: LOTS 12 & 13, BLOCK 40 —C Applicant /Owner: AL MORRISON Investigator: TURNER Do Normal Circumstances exist on the site? Is the site significantly disturbed (Atypical Situation)? Is the area a potential Problem Area? (If needed, explain on reverse.) VEGETATION Date: Dominant Plant Species Stratum i 1. Baccharis halimifolia Shrub 2. Myrica cerifera Shrub 3. Juncus roemeranus i G. Cover 4. Spartina patens G. Cover 5. Toxicodendron radicans W. Vine 6. Typha augustifolia G. Cover 7. Smilax rotundifolia W.Vine i8. r Dominant Plant Species Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC —) 9. Remarks: FAC+ 1HYDROLOGY 100 percent Greater than 50 percent of the dominant species are OBL, FACW, or FAC. _Recorded Data (Describe in Remarks): Stream,Lake, or Tide Gauge _Aerial Photographs _Other X No Recorded Data Available Field Observations: Depth of Surface Water: N/A (in.) Depth to Free Water in Pit: < 12 (in.) Depth to Saturated Soil: < 12 (in.) Wetland Hydrology Indicators: Primary Indicators _Inundated X Saturated in Upper 12 Inches _Water Marks X Drift Lines _Sediment Deposits X Drainage Patterns in Wetlands Secondary Indicators (2 or more required): _Oxidized Root Channels in Upper 12 inches X Water — Stained Leaves X Local Soil Survey Data _FAC — Neutral Test _Other (Explain in Remarks) Remarks: Primary and secondary wetland hydrology indicators were observed. Date: 08/15/96 County: BRUNSWICK State: NC Ye No Community ID: Wetland es o TransectID: Yes o Plot ID: Indicator Dominant Plant Species Stratum Indicator FAC 9. FAC+ 10. OBL 11. FACW 12. FAC 13. OBL 14. FAC 15. 16. 100 percent Greater than 50 percent of the dominant species are OBL, FACW, or FAC. _Recorded Data (Describe in Remarks): Stream,Lake, or Tide Gauge _Aerial Photographs _Other X No Recorded Data Available Field Observations: Depth of Surface Water: N/A (in.) Depth to Free Water in Pit: < 12 (in.) Depth to Saturated Soil: < 12 (in.) Wetland Hydrology Indicators: Primary Indicators _Inundated X Saturated in Upper 12 Inches _Water Marks X Drift Lines _Sediment Deposits X Drainage Patterns in Wetlands Secondary Indicators (2 or more required): _Oxidized Root Channels in Upper 12 inches X Water — Stained Leaves X Local Soil Survey Data _FAC — Neutral Test _Other (Explain in Remarks) Remarks: Primary and secondary wetland hydrology indicators were observed.