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HomeMy WebLinkAbout19970254 Ver 1_Complete File_19970327State of North Carolina Department of Environment, Health and Natural Resources 1 • • Division of Water Quality James B. Hunt, Jr., Governor AM Jonathan B. Howes, Secretary p E H N F1 A. Preston Howard, Jr., P.E., Director March 27, 1997 Brunswick County DWQ Project # 970254 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Mr. Floyd Morton 214 Nash Mill Road Fountain Inn, SC 29644 Dear Mr. Morton: You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 0.09 acres of wetlands or waters for the purpose of constructing a home at your lot at Holden Beach, as you described in your application dated 18 March 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. A deed restriction or conservation easement shall be added to the remaining wetlands on this lot to prevent future fill. 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 Domey at 919- 733 -1786. Sincerely, PriHo'wa'rd, Jr. P r Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DWQ Regional Office Mr. John Dorney Central Files Mark Tippett; Land Management Group 970254.1tr 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 9%6eel9. ✓ttfO(d g -T. J John Dorney Water Quality Planning Div. of Env. Management 4401 Reedy Creek Road Raleigh, N.C. 27607 Dear John: il�iGrnvn� tan, ✓Yoet/c �iieo/r�i¢ 2840.2 �' el 910-452 -0001 z RECEIVED 4 k MAR 2 4 1997 March 18, 1997 ENVIRONMENTAL. SGIENCES 401 ISSUEL 99,d& M � �A- 460 -9-A 3805 %V "W& Amnw 'W ", ✓W &40.1 Enclosed is a Nationwide Permit request by Floyd J. Morton to fill .09 acre of wetlands. A NWP 18 is proposed for fill for residential lots. The subdivision was subdivided in the early_ 1960's. The waste treatment system for this lot will be located off -site. Thank you for your timely response and should you have any further questions, please feel free to contact me at your convenience. Sinc r y, Mark Tippett NC Licensed Soil Scientist #1088 SP /mt Enclosure: 7 copies of application cc: U.S. Fish & Wildlife Michael Hosey, C.O.E. National Marine Fisheries LAMA 7 4 'Y LETTER OF AUTHORIZATION Date: 5 I z 1 I'1 7 TO WHOM IT MAY CONCERN: I/We 1 c�.r i�� �� do hereby authorize Land Management Group, Inc. to act as my /our agents (s) in the delineation of 404 /CAMA wetlands and in requested permit work on my /our property known as " located in County, N.C. Land Management Group, Inc. should be contacted when questions arise regarding the wetland delineation activity and /or permit applications on the above property. Sincerely, I (Owner, Permittee, and /or Optionee) DEM ICS- CORPS ACTION ID: NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): 18 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: Floyd J. Morton 2. MAILING ADDRESS: 214 Nash Mill Road SUBDIVISION NAME: CITY: Fountain Inn STATE: South Carolina ZIP CODE: 29644 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): The tract is located at the intersection of 3rd Street and Bowling Street, Holden Beach, North Carolina (See site location map in permit package). 3. TELEPHONE NUMBER (HOME): (WORK): (864) 862 -5261 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Mark Tippett, 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: Brunswick NEAREST TOWN OR CITY: Holden Beach SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): The tract is located at the intersection of 3rd Street and Bowling Street, Holden Beach, North Carolina (See attached location map in permit package). 6. IMPACTED OR NEAREST STREAM /RIVER: 1150 feet from ICWW RIVER BASIN: N/A 7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY (WS -I OR WS -II)? YES[ ] NO [x ] IF YES, EXPLAIN: 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? Yes. Urban transitional 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: +/-.21 ACRES 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: +/-.21 ACRES 10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: ( 4200 sq.ft.) .09ACRES FLOODING: DRAINAGE: OTHER: TOTAL ACRES TO BE IMPACTED: .09ACRES 10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION): 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 P0170-SURFACE AREA? N/A 12. DESCRIPTION OF PROPOSED WORK INCLU`MM DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED (ATTACHED PLANS: 8 1/2" X 11" DRAWINGS ONLY): 13. PURPOSE OF PROPOSED WORK: To make lot suitable for residential development. 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS): The lot was subdivided in the early 1960's; therefore is eligible for a nationwide permit 18. This fill is needed to make this lot suitable for residential development. A minimum fill pad for the house and driveway location has been applied for in this permit application package (.09 acres.) 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: currently onaoina (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: currently onqoinq 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. 404 wetlands line was determined by USCOE, Wilmington Office 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? Off -site waste treatment area 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. 3-20 -97 OWNER' AC T' SIGNATURE DATE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED (18g.)) Potential off -site waste treatment area for lot 10 ,Q. TH , .5.- AV E. 0 So C /bP /So• y.!0 Sa ISO' j /So• 7 4 f � �,� 3 8 3 •8 t 60'X 70 1 to ro c (4200 s ft ) a 1 � 0 1.00 � TN `• �� •,1. ,moo , .p. q . 0 5 •o � •e �yo• a.• .o 'Q`t�r= lxo• j rso • e 5 6 7 L11 �7 - U N: • c a L 1 J a4o 2 U 2 - I 9- .� Z U n4 to 3 RD. /�. 9� AV E. ISO. 1� 7 . G= � 2� � 5 o W • to 9 ' & 7 > 6� c o � Proposed wetland fill per NWP 18 Morton Lots Holden Beach Brunswick County, NC LAND MANAGEMENT GROUP, INC March 7, 1997 SCALE 1" = 200' NWP Request Wetland Survey I ■ 1 Morton Lots Holden Beach Brunswick County, NC LAND MANAGEMENT GROUP, INC March 7, 1997 SCALE 1" = 2.4 Miles NWP Request Vicinity Map Morton Lots Holden Beach Brunswick County, NC LAND MANAGEMENT GROUP, INC March 7, 1997 SCALE 1 " = 2000' NWP Request U.S.G.S. Map Holden Beach Quad Lt 3 - Morton Lots Holden Beach Brunswick County, NC LAND MANAGEMENT GROUP, INC March 7, 1997 SCALE 1" = 2000' NWP Request S.C.S. Soil Map