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
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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
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.. 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
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