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HomeMy WebLinkAbout19951116 Ver 1_COMPLETE FILE_19950110State 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 '7F ID FE F1 November 15, 1995 New Hanover County DEM Project # 951116 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Mr. Dallas Harris Dallas Harris Real Estate and Construction P.O. Box 531 Wrightsville Beach, NC 28480 FILE Dear Mr. Harris: You have our approval to place fill material in 0.31 acres of wetlands or waters for the purpose of constructing a residential subdivision at Planter's Walk Subdivision near Ogden Shopping Center and U.S. 17, as you described in your application dated 17 October 1995. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Numbers 2671, 2732 and 2733. This certification allows you to use Nationwide Permit Numbers 26, 14 and 18 when they are issued by the Corps of Engineers. This Certifiction replaces the one issued on 6 November 1995. 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. This approval does not include fill for lots - all lots with jurisdictional wetlands shall have deed restrictions to prevent future fill. Applicant shall not receive additional approval in this subdivision until all fill are applied for in one, complete application. 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 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 Environmental Management under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786. Si ely, F ton Howard; Jr. P Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DEM Regional Office Mr. John Dorney Charlie Hollis Central Files 951116.rev 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 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 [D F= F=1 November 6, 1995 New Hanover County DEM Project* 951116 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Mr. Dallas Harris Dallas Hams Real Estate and Construction P.O. Box 531 FILE Wrightsville Beach, NC 28480 up, Dear Mr. Harris: You have our approval to place fill material in 0.31 acres of wetlands or waters for the purpose of constructing a residential subdivision at Planter's Walk Subdivision near Ogden Shopping Center and U.S. 17, as you described in your application dated 17 October 1995. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Numbers 2732 and 2733. This certification allows you to use Nationwide Permit Numbers 14 and 18 when they are 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. This approval does not include fill for lots - all lots with jurisdictional wetlands shall have deed restrictions to prevent future fill. Applicant shall not receive additional approval in this subdivision until all fill are applied for in one, complete application. 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 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 Environmental Management under Section 401 of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DEM Regional Office Mr. John Domey Charlie Hollis Central Files Sincerely, preLston Howard, Jr. RE P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-N(M 16.1tr An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper RECEIV,EO CHARLIE HOLLIS REGULATORY CONSULTANT NOV 14 1995 Green W $ m i gt on ,o NC t 28409 Drive E?IRONIyENTA 4SCIENCES 910/392-6833 (Phone/FAX) November 8, 1995 Project: Planter's Walk Subdivision; Dallas Harris Real Estate & Construction; Request for Nationwide Permits 14, 18, and 26 Corps Action ID No. 199600185 Mr. Matt Flint, Area Coordinator Wilmington Regulatory Field Office Regulatory Branch P.O. Box 1890 Wilmington NC 28402-1890 Dear Mr. Please reference your letter dated October 26, 1995 regarding the PDN submitted for the above project on October 13, 1995. Attached is a revised PDN addressing the fact that the requested road crossing is 240' across the wetland. We have revised the PDN to request the use of NWP-26 for the crossing area in excess of 200' (total NWP-26 area of 912 SgFt or 0.02 ac). Also, at your request, we have provided a cross-section of the road across the wetland. Typically through this area, the 26 foot-wide road surface is about 1.0' below the adjacent land surface and should not influence wetland hydrology beyond the 50' right-of-way which the PDN requests. Thank you for calling this to our attention. Please contact me if you have any questions or if I can provide addtional information. n ly, r Charlie Hollis Cy: John Dorney Bob Stroud DEM ID: ACTION ID: 401 ISSUE[ Nationwide Permit Requested (Provide Nationwide Permit #): 14 anti is o-4 96 JOINT FORM FOR Nationwide permits that require notification to the Corps of Engineers Nationwide permits that require application for Section 401 certification WILMINGTON DISTRICT ENGINEER CORPS OF ENGINEERS DEPARTMENT OF THE ARMY P.O. Box 1890 Wilmington, NC 28402-1890 AT-TN: CESAW-CO-E Telephone (919) 251-4511 WATER QUALITY PLANNING DIVISION OF ENVIRONMENTAL MANAGEMENT NC DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES P.O. Box 29535 Raleigh, NC 27626-0535 ATTN: MR. JOHN DORNEY Telephone (919) 733•-1786 ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT PLEASE PRINT. 1. Owners Name: Dallas Harris Real Estate & Construction 2. Owners Address: P.O. Box 531; Wrightsville Beach NC 28480 3. Owners Phone Number (Home): (Work): 4. If Applicable: Agent's name or responsible corporate official, address, phone number: AGENT: Charlie Hollis Regulatory Consultant 138 Green Forest Drive; Wilmington NC 28409 5. Location of work (MUST ATTACH MAP). County: New Hanover Nearest Town or City: Wilmington Specific Location (Include road numbers, landmarks, etc.): West side U.S. Hwy 17 across from Ogden Shopping Center 6. Name of Closest Stream/River: Smith's Creek 7. River Basin: Cape Fear 8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO [x] 9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO [X] If yes, explain. 10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: NW-14 NW-18 NW-26 Filled: 0.21 0.08 0.02 Flooded: Excavated: Total Impacted: 0.21 + 0.08 0.02 = 0.31 Acre k _ 12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): Construe street, cul d sac nd two driveways 13. Purpose of proposed work: Provide access to high ground property 14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures taken to minimize wetland impacts. High around is s _na rated by wetlands as shown 15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service (NMFS) regarding the presence or 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[ J RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS. 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( J RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS. 17. Additional information required by DEM: A. Wetland delineation map showing all wetlands, streams, and lakes on the property. 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. If a stormwater management plan is required for this project, attach copy. E. What is land use of surrounding property? Residential F. If applicable, what is proposed method of sewage disposal? ,. , Revised Nov 8, 199` CHA D I x/ C? AGENT. SOA){jts Signature Date a _ N yn t" C=7 I? O O x m r• N m a z d 0 ro ao w ty N Z x 1-1 W ,o r• w ? x In rrt N G7 o ?ro? z 0 o O w r H ra w k W 7C ci r n w to y v+ m C ?..i ~ Un z a dx ? N O O ? n H x ~ co o n rn O 00 N O R° N i _ i 1 i i i i i L _ Goaoo>J R°% ? ?rY m C r• N r• O O O v N N Cs ?a m m m m w ?y?oa o? O QO 1 A Co "m> fD w 1 o 11 4 O Cl x 0 cn cn H z n d M H a r a 1 ? N t-' ro it r C ..; • ? O M M w w o? N N ON v ?a H H m m DO) E . 123,10 d w ro rr ? w N d H G) m C C+9 cnz 00 O O . m Fwr H m N 0 w ?? n c o C ,. w k w y cn M 00 W m W Fa U NJ to Z ?O n ~ V+ 00 00 rt z ~ o rt H. r OD O N ON L? t,0? o o m ' ?1 L ? L ! ? CF. O . N ?00 3' MW - a D z ' m C m rNC j? Np... ? p _ aa r ' ? , 1, Z ? ' 461 DEM ID: ACTION ID: Nationwide Permit Requested (Provide Nationwide Permit #): 14 and is oL•+d 26 JOINT FORM FOR Nationwide permits that require notification to the Corps of Engineers Nationwide permits that require application for Section 401 certification WILMINGTON DISTRICT ENGINEER CORPS OF ENGINEERS DEPARTMENT OF THE ARMY P.O. Box 1890 Wilmington, NC 28402-1890 ATTN: CESAW-CO-E Telephone (919) 251-4511 WATER QUALITY PLANNING DIVISION OF ENVIRONMENTAL MANAGEMENT NC DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES P.O. Box 29535 Raleigh, NC 27626-0535 ATTN: MR. JOHN DORNEY Telephone (919) 733•-1786 ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT. PLEASE PRINT. 1. Owners Name: Dallas Harris Real Estate & Construction 2. Owners Address: P.O. Box 531; Wrightsville. Beach NC 28480 3. Owners Phone Number (Home): (Work): 4. If Applicable: Agent's name or responsible corporate official, address, phone number. AGENT: Charlie Hollis Regulatory Consultant 138 Green Forest Drive; Wilmington NC 28409 5. Location of work (MUST ATTACH MAP). County: New Hanover Nearest Town or City: Wilmington Specific Location (Include road numbers, landmarks, etc.): West side U.S. Hwy 17 across from Ogden Shopping Center 6. Name of Closest Stream/River: Smith's Creek 7. River Basin: Cape Fear 8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO [x] 9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO [X] If yes, explain. 10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: NW-14 NWP-18 NW-26 Filled: 4?-a41v-d l 0.21 0.08 0.02 Flooded: Excavated: Total Impacted: 0.21 + 0.08 0.02 = 0.31 Acre P, 12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): on street, cul d sac ---and two drivewa s 13. Purpose of proposed work: Provide access to high ground property 14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures taken to minimize wetland impacts. x, Q_ h ??ound is sPn rated by wetlands as shown 15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service (NbIFS) regarding the presence or any Federally listed orproposed for listing endangered orthreatened species or critical habitat in the pernut area that may be affected by the proposed project. Have you done so? YES [Xj NO[ ) RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS. 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( j RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS. 17. Additional information required by DEM: A. Wetland delineation map showing all wetlands, streams, and lakes on the property. 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. If a stormwater management plan is required for this project, attach copy. E. What is land use of surrounding property? Residenriat F. If applicable, what is proposed method of sewage disposal? 4 k Revised Nov 8, 199` rHARLLF AGENT. S%,r)P-XRs Signature Date I- . _ It CA N IN O O r• N m 0. z d C w r rd ? 0o w y d n x ? x n ? Ul r N Lz7 o ?- C? z o o m O r y '+ cr n m 0 V, 7C C w k r? f r V ' R C: y ?O t + J zw fD F 1 do .P C7 Q' z 1 n N C H N 1 0 O 0 0 00 rt z O M r, ? Qe C rn r* C r CD N i I I I t ?T Goaa?ta R f ? O F ? N I ? X, r• N > O m m CJ` ?a nn w m w i i i L _ .?Ot1 ?y O O Oo ? a o0 n ? tD m co I a ,t- , . . n t? 11 ? O O a d x 0 W r z c? d M H a H r 0 w ro r r ;h ? w N n x d F-1 n w w ? x r H H. ? N d t=J y r w cna w oa m o r -?o o r 9 H c? N m to to m k r O o O C r i O n. w . . W y O M CD 1 W m z r d H b 0 N to d " r ?O co 1-4 co rt z O m G R° n n r Oo O `.1 Qo N ON O 3' MAN PrC. A aN I (? N z0 x N vl t Q ,m TO c .. DEM ID: q 5 ) 1 ACTION ID: Nationwide Permit Requested (Provide Nationwide Permit #): 14 and 18 JOINT FORM FOR Nationwide permits that require notification to the Corps of Engineers Nationwide permits that require application for Section 401 certification WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING CORPS OF ENGINEERS DIVISION OF ENVIRONMENTALMANAGEMENT -{,... DEPARTMENT OF THE ARMY P B O 1890 NC DEPARTMENT OF ENVIROINT,1t.'I?I, AND NATURAL RESOURCES . . ox Wilmington, NC 28402-1890 P.O. Box 29535 ATTN: CESAW-CO-E Raleigh, NC 27626-0535 I a :; i OCT 1 7 Telephone (919) 251-4511 ATTN: MR. JOHN DORNEY Telephone (919) 733•-1786 ?s- ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE' COP,,PS -QF--ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL iV`iANAGEMENT. PLEASE PRINT. 1. Owners Name: Dallas Harris Real Estate & Construction 2. Owners Address: P.O. Box 531; Wrightsville Beach NC 28480 3. Owners Phone Number (Home): (Work): 4. If Applicable: Agent's name or responsible corporate official, address, phone number: AGENT: Charlie Hollis Regulatory Consultant 138 Green Forest Drive; Wilmington NC 28409 5. Location of work (MUST ATTACH MAP). County: New Hanover Nearest Town or City: Wilmington Specific Location (Include road numbers, landmarks, etc.): West side U.S. Hwy 17 across from Ogden Shopping Center 6. Name of Closest Stream/River: Smith's Creek 7. River Basin: Cape Fear 8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO [X] 9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO [Xl If yes, explain. 10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 9-9 Ar 11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: Filled: NW-14 NW-18 0.23 0.08 Drained: Flooded: Excavated: Total Impacted: 0.23 + 0.08 = 0.31 Acre 12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): -Construct street. cul d sac nd two drivewa s 13. Purpose of proposed work: Provide access to hiih ground property 14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures taken to minimize wetland impacts. H? Qh ¢round is s narated by wetlands as shown 15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service (NMFS) regarding the presence or 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[ J RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS. 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. 17. Additional information required by DEM: A. Wetland delineation map showing all wetlands, streams, and lakes on the property. 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. If a stormwater management plan is required for this project, attach copy. E. What is land use of surrounding property? RPsid n i at F. If applicable, what is proposed method of sewage disposal? b 0L13 AGENT. SOZ&gk Signature Date N 0 l? II N O O 0 w r ro r w t7 N H 'b n 00 r1 y, r y tzj n from ?z O O fD N ? ry-a v ? 's! 0) k rrt 0, w :r L rt y ?D A W m to ~ z lJ d ~ O r I z co M c n Q, rr 0 00 Z O --1 O C D r m i i i L _ GoRtYJfJ K" I N ' O r ? l `ry' O O 00 1 a00 M a fD m w