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HomeMy WebLinkAbout19970600 Ver 1_Complete File_19971210State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director Mr. Tripp Sloan c/o The Oceanside Corp. PO Box 4640 Calabash, NC 28470 Dear Mr. Sloan: WQC Project #970600 Brunswick County I efl* �EHNR December 10, 1997 On July 3, 1997, you requested a 401 Water Quality Certification from the Division of Water Quality for your project (stormwater pond creation) located near NC 179 in Brunswick County. We wrote to you on August 29, 1997 discussing concerns that we have regarding the design of the project and placing it on hold until those concerns are addressed. As of today, we have not received a response to our earlier letter. Unless we receive a written response from you by December 19, 1997, we will consider that you have withdrawn this application and are not interested in pursuing the project at this time. Please call me at 919- 733 -1786 if you have any questions or would like to discuss this matter. cc: Wilmington DWQ Regional Office Wilmington District Corps of Engineers Central Files Paul Farley; Land Management Group Sin',erely, 2 Join R. Dorney W,-ter Quality Certifi ion Program 970600.clr Division of Water Quality • Environmental Sciences Branch 4401 Reedy Creek Rd., Raleigh, NC 27626 -0535 • Telephone 919 - 733 -1786 • FAX 919 - 733 -9959 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post- consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director Mr. Tripp Sloan c/o The Oceanside Corp. P.O. Box 4640 Calabash, NC 28470 Dear Mr. Sloan: Re: 401 Water Quality Certification Tripp Sloan/Colony Inn Brunswick County DWQ #970600 AYX.?rA T4 Jam �EHNF� August 29, 1997 On 3 July 1997 you wrote to the Division of Water Quality (DWQ) requesting a 401 Water Quality Certification for your project to fill an additional 0.2 acres wetlands for a stormwater pond at NC 179 in Brunswick County. I understand from your consultant that you are redesigning this project. Therefore, I must hereby place this project on indefinite hold until the additional information is received. However we will continue to review the project and make you aware of any concerns. In addition, by copy of this letter, I am also notifying the U.S. Army Corps of Engineers that this project should be placed on hold. If you believe that this decision is in error, please call me at 919- 733 -1786 to discuss the matter. lA R. Dorney r Quality C cati Program Wilmington DWQ Regional Office U.S. Army Corps of Engineers Wilmington District Office Central Files Paul Farley; Land Management Group 970600.nocert Division of Water Quality - Environmental Sciences Branch 4401 Reedy Creek Rd., Raleigh, NC 27626 -0535 • Telephone 919 - 733 -1786 • FAX 919 -733 -9959 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post- consumer paper Eric Galamb From: Brenda Shumbarger <nlar018Gwiro.ehnr.state.nc.us> To: eric @dem.ehnr.state.nc.us Subject: 401 Date: Sunday, August 10, 1997 7:07 PM Eric the following projects have no recommendations on them yet. 97600 Tripp Sloan Brunswick NWP c l 97595 Al Kincaid Brunswick NWP 18 97597 Harbor Oaks S/D Brunswick NWP14 97598 Frank McNeill New Hanover NWP 18/33 With Jim Gregson's position not filled yet, I need to know if you want me to send these projects up to you. The deadline is August 14. Thanks for your help with this. Brenda Shumbarger 6cjc CAJ i av� S �w l Page 1 i- '�� �, VP� .� j�n . 5 V nc. u�rta Vd6 , .iY Vaw4na 284o2 gel• 990 - 452 -000Y RECUMC jut 0 3 1991 ENVIRONMENTAL SCIENCES W-.. �u May 30, 1997 Mr. Allen Davis Corps of Engineers Regulatory Branch P.O. Box 1890 Wilmington, NC 28402 -1890 Dear Allen: 970600 Mai& >4 �« 5./► Ofd, 9.4 3805 %*/aW& .Wv&,,a Enclosed is a NWP 26 application by Tripp Sloan to complete a stormwater pond for a redesigned stormwater system for Colony Inn. The impacted area totals 0.2 acre. The fill is needed to complete a redesigned stormwater system This plan represents a modification of the April 1994 permit and has been designed to meet new state minimization requirements. Thank you for your assistance in this matter. If you have any questions, please feel free to contact me. Sincerely, C p Paul M. Farley Wetland Scientist Enclosure: 1 copy of application cc: Sohn Dorney, DEHNR- D.W.Q. Janet Russell, CAMA National Marine Fisheries Service Jim Gregson, DEHNR- D.W.Q. Mr. Tripp Sloan Renee Gledhill Early, S.H.P.O. 0 FROM : OCERN S 1 DE CC RP PHONE NO. : _s79 9925 P03 LETTER OF AUTHORIZATION Dat *' M.WiH —QMAT MAX—SONCIeRbl: I/We do hereby authorize 1-and Management Group. Inc. tcv act as my /our agents (s) in the delineation of 404 1CAMA wetiands and in requested permit work on mylour properly known as located In Q,�4h..,,'.1c. County, N.C. land Management Group, Inc. should be contacted When questions artse regarding the wetland delineation activity and/or permit applications on th• above property. DEM Ir)- 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. 1. OWNERS NAME: Tripp Sloan c/o Oceanside Corporation c/o TriDD Sloan 2. MAILING ADDRESS: P.O. Box 4640 Calabash. NC 28470 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): The Colomi Inn. located on HWY 179 at BonaDarte's Landina. Brunswick Countv. NC 3. TELEPHONE NUMBER (HOME): (WORK): (910) 579 -3737 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Paul Farlev or Craia Turner c/o Land Manaaement Group. P.O. Box 2522, Wilminaton. 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.): The tract is located on HWY 179 at BonaDarte's Landina at Sunset Beach. North Carolina 6. IMPACTED OR NEAREST STREAM /RIVER: Al RIVER BASIN: Lumber River 7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (OR", WATER SUPPLY (WS -I OR WS -II)? YES [x) NO o IF YES, EXPLAIN: 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? Scott. we need to call Brunswick county Dlannina department to aet this information 8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [ x ] NO o IF YES, PROVIDE ACTION ID NUMBER OF PREVIOUS PERMIT AND ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): Action ID No. 1993011106 approved 0.93 acres (5/11/94). NC DWQ (DEM Project #94398) approved 0.73 acres on 1/9/95 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 8.42 acres 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 0.2 10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: 0.2 acres EXCAVATION: FLOODING: OTHER: DRAINAGE: TOTAL ACRES TO BE IMPACTED: 0.2 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? 8.4 acres WHAT IS THE EXPECTED POND SURFACE AREA? 0.20 acres 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED (ATTACHED PLANS: 8 %" X 11" DRAWINGS ONLY): The Dr000sed activities are to complete a redesigned storm water system. Work will be completed to acceptable enaineerina standards. 13. PURPOSE OF PROPOSED WORK: To complete a storm water pond for a redesigned storm water system 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS): Current tract boundaries prohibit Droiect completion without 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 mail aDDlications to F &WS Der their reauest (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 aDDlication 5/29/97 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? Golf courses. residential f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? On -site waste treatment 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. OWNER'S /AGENTS SIGNATURE Paul M. Farley Wetland Scientist Land Management Group, Inc. (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED (18g.)) DATE LEGEND Previous fill area (0.73 acres) El New fill request (0.20 acres) Colony Inn LAND MANAGEMENT Brunswick County, NC GROUP, INC February 4, 1997 100 200 400 SCALE 1" = 200' NWP 26 Request Wetland Map J Colony Inn Brunswick County, NC LAND MANAGEMENT GROUP, INC May 28, 1997 1000 2000 4000 SCALE 1" = 2000' NWP 26 Request N.R.C.S. Soils Map f L� + +1 , � ' I� yF A� t '" A ,J �r S'4•V {6r�l G� `�. ��i f>�� 'I �1 L`:� ail �•� �\ k Colony Inn Brunswick County, NC u [l.. ✓ . "I � �t � 3 ire •aw,sY -�- {NYBAGt�A &iAt ��,• ': rvf 1000 2000 4000 SCALE 1" = 2000' LAND MANAGEMENT GROUP, INC May 28, 1997 NWP 26 Request U.S.G.S. Topo Map Calabash, N.C. -S.C. Quad PHOTOS OF 0.58 ACRE AREA UP. INC. II Q it A W A, Ear r, Colony Inn LAND MANAGEMENT Brunswick County, NC GROUP, INC May 28, 1997 S- ._W--" NWP 26 Request Vicinity Map DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402 -1890 May 11, 1994 IN REPLY REFER TO Regulatory Branch Action ID No. 199301106 and Nationwide Permit No. 26 (Headwaters and Isolated Waters) Colony Inn, Oceanside Corporation Attn: Mr. Mason Anderson Post Office Box 4640 Calabash, North Carolina 28470 Dear Mr. Anderson: Reference your application f April 20, 1994, for Department of the Army (DA) authorization to fill 0.93 Gres of wetlands on your property located on North Carolina Highway 179 (Sho line Drive), 0.1 mile east of Bonaparte Landing, adjacent to the Atl is Intracoastal Waterway, Sunset Beach, Brunswick County, North Carolina. For the purposes of the Corps of Engineers' Regulatory Program, Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the Federal Register on November 22, 1991, lists nationwide permits. Authorization was provided, pursuant to Section 404 of the Clean Water Act, for discharges of dredged or fill material into headwaters and isolated waters. Your work is authorized by this nationwide permit provided it is accomplished in strict accordance with the enclosed conditions and provided you receive a Section 401 water quality certification from the North Carolina Division of Environmental Management (NCDEM) and, in the coastal area, a consistency determination from the North Carolina Division of Coastal Management (NCDCM). You should contact Mr. John Dorney, telephone (919) 733- 1786, regarding water quality certification, and Mr. Steve Benton, telephone (919) 733 -2293, regarding consistency determination. This nationwide permit does not relieve you of the responsibility to obtain other required State or local approval. This verification will be valid for two years from the date of this letter unless the nationwide authorization is modified, reissued or revoked. Also, this verification will remain valid for the two years if, during that period, the nationwide permit authorization is reissued without modification or the activity complies with any subsequent modification of the nationwide permit authorization. If during the two years, the nationwide permit authorization expires or is suspended or revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend, or revoke the authorization. -2- Questions or comments may be addressed to Mr. Rudolf Schiener, Wilmington Field Office, Regulatory Branch, telephone (910) 251 -4629. Sincerely, e Wri t hi , Regul ory Branch Enclosure Copies Furnished (without enclosure): Mr. Steve Benton North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611 -7687 Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 29535 Raleigh, North Carolina 27626 -0535 Mr. C. Robert Stroud, Jr. Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405 -3845 Mr. Craig Turner Land Management Group, Inc. Post Office Box 2522 Wilmington, North Carolina DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site COLONY INN ID 199301106 Applicant/Owner OCEANSIDE CORP Investigator R. SCHIENER 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 Dominant Plant Species 1. BLACK GUM 1. DRUMMOND RED MAPLE 7. YULOW POPLAR 4. SMILAX S. CHAIN FERN 6. 7. g. Yes No Yes 6 o Yes No Stratum Indicator Dominant Plant Species TREE FAC 9. TREE OBL 10. TREE FAC 11. VINES _FAC 12. ORD COV. OBL 13. 14. 13. 16. Percent of Dominant Species that are OBL, FACW, OR FAC (excluding FAC -). Remarks: HYDROLOGY Recorded Data (Describe in Remarks): Stream, Lake, or Tide Guage Aerial Photographs Other X No Recorded Data Available Field Observations: Depth of Surface Water (in) Depth to Free Water in Pit: (in.) Depth to Saturated Soil: S (in.) Remarks: 100 Date: February 23, 1994 County: BRUNSWICK State: NC Community ID: TransectID: Plot ID: Stratum Indicator Wetland Hydrology Indicators: Primary Indicaton: Inundated • Saturated in Upper 12 Inches • Water Marks Drift Lines Sediment Deposits • Drainage Patterns in Wetlands Secondary Indicators (2 or more required) X Oxidized Root Channels in Upper 12 Inches X Water- Stained Leaves Local Soil Survey Data Fac- Neutral Test Other (Explain in Remarks) SOILS Map Unit Name (Sofia and Phase): TORHUNTA Taxonomy (Subgroup): HUMAOUEPT Profile Description: Depth Matrix Color Mottle Colon (inches) Hortzon (Munsell Moist) (Mansell Moist 0 11 A IOYR 2/I 11 28 HA 10YR4/2 2 39 CO 10YR6/I Hydric Soil Indicator: Hist000l X Histic Epipedon Sulfidic Odor Aquic Moisture Regime X Reducing Conditions X Oleyed or Low -Chroma Colon Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes No (Circle) Wetland Hydrology Present? Ya No Hydric Soils Present? No Remarks: Dntinage Class VPD Field Observations Confirm Mapped Type? Yes No Mottle Texture, Concretions, Abundance/Contrvt Structure. etc. MUCKYSAND SAND SAND Concrtions X High Organic Content in Surface Layer in Sandy Soils _ Organic Streaking in Sandy Soils X Lisped on Local Hydric Soils List X Listed on National Hydric Soils List Other (Explain in Remarks) (Circle) to this Sampling Point Within a Wetland? Ym No Approved by HQUSACE 3/92 LAND MANAGEMENT GROUP, INC. AGENT U State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director �EHNFi January 9, 1995 " Brunswick. County DEM Project # 94398 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Mr. Mason Anderson c/o Oceanside Corp. P.O. Box 4640 Calabash, N.C. 28470 Dear Mr. Anderson: You have our approval to place fill material i 0.73 acres of wetlands or waters for the purpose of lot and roadway fill at Colony Inn development 1 it_e as you described in your application dated April 20 and 27 December 1994. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 2671. This certification allows you to use Nationwide Permit Number 26 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. For this approval to be valid, you must follow the conditions listed in the attached certification. A storm water plan must be approved by DEM for this project In addition, you should get any other federal, state or local permits before you go ahead with your project. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 30 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 Environmental Management under Section 401 of the Clean Water Act. If you have any questions, please telephone John Domey at 919 - 733 -1786. Sincerely, ` on H , Jr. P.E. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DEM Regional Office Mr. John Domey Central Files Craig Turner; Land Management Group 94398.1tr P.O. Box 29535, Raleigh, North Carolina 27626 -0535 Telephone 919 -733 -7015 FAX 919 - 733 -2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post - consumer paper Y May 30, 1997 Mr. Allen Davis Corps of Engineers Regulatory Branch P.O. Box 1890 Wilmington, NC 28402 -1890 Dear Allen: AI U� Xox 2522 WldmM , ." 28402 d. 910 - 452 -0001 970600 REDE`v�D �oN�N,�P^v�1ENCEs E� .Vu& ;f4 1 rp A 3805 �W.,a . Wtwwe 'WMni #ton, ✓1'Fa ,48403 Enclosed is a NWP 26 application by Tnpp Sloan to complete a stormwater pond for a redesigned stormwater system for Colony Inn. The impacted area totals 0.2 acre. The fill is needed to complete a redesigned stormwater system This plan represents a modification of the April 1994 permit and has been designed to meet new state minimization requirements. Thank you for your assistance in this matter. If you have any questions, please feel free to contact me. Sincerely, D/ (aul M. Farley Wetland Scientist Enclosure: 1 copy of application cc: Sohn Dorney, DEHNR- D.W.Q. Janet Russell, CAMA National Marine Fisheries Service Jim Gregson, DEHNR- D.W.Q. Mr. Tripp Sloan Renee Gledhill Early, S.H.P.O. FROM : OCEPN S1 DE CORP PI- • NO. 1 579 9925 P93 LETTER OF AUTHORIZATION Date: j.Q„Vyt4-QwjT MY C0- wCEFkhL IM/e do hereby authorize Land Management Group, Inc. W act as my /our agents (a) In the delineation of 4041CAMA wetlands and in raque,sted permit work on my /our property known as • _ � .n)G..� Tn„ lo�..ated In Rf, ••'��; County, N.C. land Management Group, Inc. should be contacted when questions arise regarding the wetland delineation activity end/or permit applications on the above property. DEM In- 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. 1. OWNERS NAME: Tripp Sloan c/o Oceanside Corporation c/o TriaD Sloan 2. MAILING ADDRESS: P.O. Box 4640 Calabash, NC 28470 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): The Colonv Inn. located on HWY 179 at BonaDarte's Landino. Brunswick Countv. NC 3. TELEPHONE NUMBER (HOME): (WORK): (910) 579 -3737 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Paul Farlev or Craia Turner c/o Land Manaaement Group. P.O. Box 2522. Wilminaton. 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.): The tract is located on HWY 179 at Bonaoarte's Landina at Sunset Beach. North Carolina 6. IMPACTED OR NEAREST STREAM /RIVER: AIWW RIVER BASIN: Lumber River 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 [x) NO o IF YES, EXPLAIN: 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? Scott. we need to call Brunswick county Oannina department to aet this information 8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [ x ] NO 0 IF YES, PROVIDE ACTION ID NUMBER OF PREVIOUS PERMIT AND ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): Action ID No. 1993011106 approved 0.93 acres (5/11194). NC D (DEM Project #94398) approved .73 acres on 119/95 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 8.42 acres 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 0.2 10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: 0.2 acres EXCAVATION: FLOODING: OTHER: DRAINAGE: TOTAL ACRES TO BE IMPACTED: 0.2 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? 8.4 acres WHAT IS THE EXPECTED POND SURFACE AREA? 0.20 acres 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED (ATTACHED PLANS: 8 %" X 11" DRAWINGS ONLY): The Droposed activities are to complete a redesigned storm water system. Work will be completed to acceptable enaineerina standards. 13. PURPOSE OF PROPOSED WORK: To complete a storm water pond for a redesigned storm water system 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS): Current tract boundaries prohibit Droiect completion Mhout 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 lonaer mail aoolications to F$WS Der their reauest (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 aDolication 5/29/97 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[ I 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? Golf courses. residential f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? On -site waste treatment 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. OPd pv�5r-� WNER'S /AGENT'S SIGNATURE Paul M. Farley Wetland Scientist Land Management Group, Inc. (AGENTS SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED (18g.)) s /L4/ -7b DATE 0 LEGEND Previous fill area (0.73 acres) El New fill request (0.20 acres) Colony Inn LAND MANAGEMENT Brunswick County, NC GROUP, INC February 4, 1997 100 200 400 SCALE 1" = 200' NWP 26 Request Wetland Map J Colony Inn LAND MANAGEMENT Brunswick County, NC GROUP, INC May 28, 1997 1000 2000 4000 SCALE 1" = 2000' NWP 26 Request N.R.C.S. Soils Map i li 1' 1000 2000 4000 SCALE 1" = 2000' Colony Inn LAND MANAGEMENT Brunswick County, NC GROUP, INC NWP 26 Request U.S.G.S. Topo Map May 28, 1997 Calabash, N.C. -S.C. Quad 101 C,00 wAlf,vmrl Colony Inn LAND MANAGEMENT Brunswick County, NC GROUP, INC May 28, 1997 ._-.-W NWP 26 Request Vicinity Map t� ��� r: t�y,�«i, .r urr��` -11��} IIT .� �`'fi • y.' �� � r • � � tit +� �, . ,, DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402 -1890 May 11, 1994 IN REPLY REFER TO Regulatory Branch Action ID No. 199301106 and Nationwide Permit No. 26 (Headwaters and Isolated Platers) Colony Inn, Oceanside Corporation Attn: Mr. Mason Anderson Post Office Box 4640 Calabash, North Carolina 28470 Dear Mr. Anderson: Reference your application of April 20, 1994, for Department o.0 the Army (DA) authorization to fill 0.93 acres of wetlands on your property located on North Carolina Highway 179 (Shoreline Drive), 0.1 mile east of Bonaparte Landing, adjacent to the Atlantic Intracoastal Waterway, Sunset Beach, Brunswick County, North Carolina. For the purposes of the Corps of Engineers' Regulatory Program, Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the Federal Register on November 22, 1991, lists nationwide permits. Authorization was provided, pursuant to Section 404 of the Clean Water Act, for discharges of dredged or fill material into headwaters and isolated waters. Your work is authorized by this nationwide permit provided it is accomplished in strict accordance with the enclosed conditions and provided you receive a Section 401 water quality certification from the North Carolina Division of Environmental Management (NCDEM) and, in the coastal area, a consistency determination from the North Carolina Division of Coastal Management (NCDCM). You should contact Mr. John Dorney, telephone (919) 733- 1786, regarding water quality certification, and Mr. Steve Benton, telephone (919) 733 -2293, regarding consistency determination. This nationwide permit does not relieve you of the responsibility to obtain other required State or local approval. This verification will be valid for two years from the date of this letter unless the nationwide authorization is modified, reissued or revoked. Also, this verification will remain valid for the two years if, during that period, the nationwide permit authorization is reissued without modification or the activity complies with any subsequent modification of the nationwide permit authorization. If during the two years, the nationwide permit authorization expires or is suspended or revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend, or revoke the authorization. -2- Questions or comments may be addressed to Mr. Rudolf Schiener, Wilmington Field Office, Regulatory Branch, telephone (910) 251 -4629. Sincerely, e Wri t hi Regul cry Branch Enclosure Copies Furnished (without enclosure): Mr. Steve Benton North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611 -7687 Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 29535 Raleigh, North Carolina 27626 -0535 Mr. C. Robert Stroud, Jr. Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405 -3845 Mr. Craig Turner Land Management Group, Inc. Post Office Box 2522 Wilmington, North Carolina DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project /Site COLONY INN ID 199301106 Applicant/Owner OCEANSIDE CORP Investigator R. SCHIENER Do Normal Circumstances exist on the site? (ED No Is the site significantly disturbed (Atypical Situation)? Yes o Is the area a potential Problem Area? Yes N (If needed, explain on reverse) VEGETATION Dominant Plant Soemes Stratum Indicator Dominant Plant Species 1. BLACK GUM TREE FAC 9. 2. DRUMMOND RED MAPLE TREE OBL 10. J. YULOW POPLAR TREE FAC 11. 4. SMILAX VINES _FAC 12. S. CHAIN FERN ORD COV. OBL 13. 6. 14. 7. 13. g. 16. Percent of Dominant Species that we OBL, FACW, OR FAC (excluding FAC -). Remarks: HYDROLOGY Recorded Data (Describe m Remarks): Stream, Lake, or Tide Ouage Aerial Photographs Other X No Recorded Data Available Field Observations: Depth of Surtace Water Depth to Free Water in Pit: (in.) Depth to Saturated Soil: 5 (in.) Remarks: 100 c�G� Date: February 23. 1994 County: BRUNSWICK State: NC Community ID: TransectID: Plot ID: Stratum Indicator Wetland Hydrology Indicator: Primary Indicators: Inundated • Saturated in Upper 12 Inches • Water Mark, DnR Line, Sediment Deposit, X Drainage Patters m Wetland, Secondary Indicators (2 or mom required) X Oxidized Root Channel, in Upper 12 Inches X Water - Stained Leaves Local Soil Survey Data Feu-Neutral Test Other (Explain in Remarks) SOILS Map Unit Name (Sense and Phase): TORHUNTA Tummy (Subgroup): HUMAOUEPT Profile Description: Depth Matrix Color Mottle Colon (inches) Horizon (Murrell Moist) Mansell Moist 0 11 A IOYR 21I 11 _ 28 BA IOYR4 /2 28 39 CO I0YR6/I Hydric Soil Indicators: Hier osol Y Histic Epipedon Sulfidic Odor Aquic Moisture Regime X Reducing Conditions X Gleyed or Low -Chrome Colon Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Prnenl? Yn No (Circle) Wetland Hydrology Present? Yes No Hydric Soils Present? No Remarks: Drainage Class VPD Field Observations Confirm Mapped Type? Yes No Mottle Texture, Concretions, Abundance /Contest Structure. etc. MUCKYSAND SAND SAND Concretions X High Organic Content in Surface Layer in Sandy Soils Organic Streaking in Sandy Soils X Listed on Local Hydric Soils List X Listed on National Hydric Soils List Other (Explain in Remarks) (Circle) Is this Sampling Point Within a Welland? G;5 No Approved by HQUSACE 3/92 LAND YANAGEMENT GROUP, INC. e. AGENT U State of North Carolina Department of Environment, Health and Natural Resources / • • Division of Environmental Management James B. Hunt, Jr., r ry E3 E H N Jonathan B. Howes, , Secretary A. Preston Howard, Jr., P.E., Director January 9, 1995 Brunswick County DEM Project # 94398 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Mr. Mason Anderson c/o Oceanside Corp. P.O. Box 4640 Calabash, N.C. 28470 Dear Mr. Anderson: You have our approval to place fill material in 0.73 acres of wetlands or waters for the purpose of lot and roadway fill at Colony Inn development site, as you described in your application dated April 20 and 27 December 1994. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 2671. This certification allows you to use Nationwide Permit Number 26 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 chan ge your project, you must notify us and you may be required to send us a new application. For this approval to be valid, you must follow the conditions listed in the attached certification. A storm water plan must be approved by DEM for this project. In addition, you should get any other federal, state or local permits before you go ahead with your project. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 30 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 Environmental Management under Section 401 of the Clean Water Act. If you have any questions, please telephone John Domey at 919 - 733 -1786. Sincerely, ` on H , Jr. P.E. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office / Wilmington DEM Regional Office Mr. John Dorey Central Files Craig Turner; Land Management Group 94398.1tr P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919 -733 -7015 FAX 919 - 733 -2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post - consumer paper