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HomeMy WebLinkAbout19980372 Ver 1_COMPLETE FILE_19980423 Reply Date Current Status Comments Wetlands / 401 Tracking Inspections ??? ?s bct r ._?? Y Project Number 98 0372 Assigned to Jim Bartoldus @ Katheryn Robinson Inspection Date 6/14/99 Compliant Letter Type f Letter Date Not Built V. State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director ffl:?N;W'A '946j;2 ova NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES June 12, 1998 New Hanover County WQC 401 Project # 980372 APPROVAL of 401 Water Quality Certification Mr. Bill Swagerty Eastland Development Co. 2030 Eastwood Road Suite 12 Wilmington, NC 28403 Dear Mr. Swagerty: You have our approval, in accordance with the attached conditions, to place fill material in 0.04 acres of wetlands or waters for the purpose of developing a recreational area, as you described in your application dated April 23, 1998. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3106. This Certification allows to use Nationwide Permit Number 18 when the Corps of Engineers issues it. 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. Also this approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. 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 a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. 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). For this approval to be valid, you must follow the conditions listed in the attached 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. 276 1 1-7447. 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 Dorsey at 919-733-1786. Sincerely, / l re on Howard, Jr. P.E. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DWQ Regional Office Mr. John Dorsey Central Files 980372.1tr Division of Water Quality • Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX 919-733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper .is , - w DEM ID: CORPS ACTION ID: e p NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): _ O PRE-CONSTRUCTION NOTIFICAT CATION FOR NATIONWIDE PERMITS THAT REQUIRE: f. qp? J 1) NOTIFICATION TO THE CORPS OF ENGINE°,S ?.? 199 2) APPLICATION FOR SECTION 401 CERTIFZCA Tq?l( a 3) COORDINATION WITH THE NC DIVISION OF COAS V'EMENT SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO T APPROPRIATE FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES HEET). SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE AGENCY ADDRESSES SHEET). PLEASE PRINT: 1. OWNERS NAME: =I45TLRKD t kyELopiM] T_ AVA114 (8pg SWQG? 2. MAILING ADDRESS: CITY: a,eMIn1G-q7Z?IV STATE: /Y e ZIP CODE: 2_5_41o3 PROJECT LOCATION ADDRESS, INC}JIDING S DIVIS ON NAME (I DIFFERENT FROM MAILING ADDRESS ABOVE) : /?vletc p0 5(Z-1100 2 MILE S, Sf?NG 3. TELEPHONE NUMBER (HOME) : (WORK) : 1/0 -ZSG - 8338 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: AGENT: CHARLIE HOLLIS REGULATORY CONSULTANT 138 GREEN FOREST DR. WILMINGTON, NC 28409 PHONE/FAX 910-392-6833 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTO PAPHY WITH SCALE) : COUNTY: EE,J 90VLYZ NEAREST TOWN OR CITY: _k/lLWj&&'ar9 -1 1 Zo ?C? -?sy7,.?0oD oowa} su??. 1Z SUBDIVISION NAME: :0UT4 AM390AL( OIL, r , F SPECIFIC LOCATION NUMBERS, LANDMARKS, ETC.): (INCLUDE ROAD Z rV I LLS' S60774 DF 5;r A[0e2S eolqD 6. IMPACTED OR NEAREST STREAM/RIVER: 1°e R ?yL?2 RIVER BASIN: C A PE F;zq !2 7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL (SA), HIGH QUALITY WATERS,•(HQW) .OUTSTANDING RESOURCE WATERS SUPPLY (WS-I OR WS-II) ? YES [ I NO [>(I IF YES, EXPLAIN:. 7b. IS THE.PROJECT.LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF.ENVIRONMENTAL CONCERN (AEC)? YES [ j NO [xj 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? -_ -• •• L?rY!!7"?D (R14NSiT/a n! ' . 8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY?., YES (.) NO (x) IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): 8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES [ J NO [?J IF YES, DESCRIBE ANTICIPATED WORK: 9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 20 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: SALTWATER (ORW), WATER 2 *1 , 10a. NUMBER OF ACRES-OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: 6-Oq 49C (2074_561:r) EXCAVATION: FLOODING: OTHER: DRAINAGE : TOTAL ACRES TO BE. IMPACTED,;,,, ZD7?( 4? 10b. (1) STREAM CHANNEL TO BE .IMPACTED.BY THE.PROPO D.PROJECT (IF RELOCATED; 'PROVIDE DISTANCE BOTH BEFORE AND AFTER LOCATION) : LENGTH BEFORE': FT AFTE FT WIDTH BEFORE (based on normal high water tours): FT WIDTH AFTER: AVERAGE DEPTH BEFORE: (2) AFTER: FT : (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATED . PLACEMENT OF PIPE IN CHANNEL: CHANNEL EXCAVATION• CONSTRUCTION OF A DAM/FLOODING: OTHER: 11. IF C STRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND? W?T IS THE EXPECTED POND SURFACE AREA? 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS ONLY): 13. PURPOSE OF PROPOSED WORK: _ App -M CcMMUtjtjt{ j2eC-R 1C n2)A( RREW 3 . .1* 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS): . : , ' ?L1AMN ?.D C?.D Y»YY1 uN r vii 2? Ct2??31c? N flY2? ? DJ R c.? cam' TO 7t4E' WL't' Fk^.)DS WILL.- 3E- 6Klf4 aNCED 'AND 4E?VLYar2Ge-p r-ar2 f3e7T?Y2 f3-nlD ?A2?- CDm yE-N tE?r,37- C?S? r3? 2/?5 ?7 \T17S E?'P- -r- 'Fz- 77ZSVE77? PYY/PTlT ^At / u dA1 13-12s-lo / n I V 7'n /,e??nnnv) .c 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 PER14IT AREA THAT MAY $E/ AFFE TED BY THE PROPOSED PROJECT. DATE CONTACTED: y/ Z ?.?j (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 WHICF/MAY BBB ? FFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: _Z 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES () NO (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 K b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE? YES [ ] NO K IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING COMPLIANCE WITJJ,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 (919) 733-6369. 4 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? V ?5' ? DE1V? R L f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? n0,4j t g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE U.S. 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. AGENT'S SIGNATURE z 9g DATE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED (18g.)) 5 ' C rri Q cnpz Zm O A ca N °b^ A N .Z ] O O A O M d? Z ;OM 0 MOW ? i A .r > co / _? 4m co (D Q N m O V m K F+ U O m 0 V 0 tax w > > i a 1??i1 ° a IA °o dd ? p, o ? trJ Z o ? 'oo tai n NG R ry y °wa?dZ ?,.? p"Op C O N "J'OS ?+ ?E ? Oo O m a U ?S 45? J ' n ? V 1 ? -P ? O, W ?a c-n 0 r RIVER ROAD (SR 1100) D? VIDEVELOPMENT O Z Q d w Camp IE6 April 21, 1998 Corp of Engineers To Whom It May Concern: C,Jpd 1, Robert Swagerty, give my permission to Charlie Hollis to act on my behalf to apply for the wetlands permit for the South Amsbury prgject. 9ert:?? age ent Eastland Developmerit Companies, Inc,, Manager River Road, LLC ZUJU EA5TWOOD RD., SUITE 12 n WILMINGTON, NC 28403 r, PH: (910) 256-S33S r F;'AX: (910) 256-6242