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HomeMy WebLinkAbout19981064 Ver 1_COMPLETE FILE_19981026State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor NC ENR Wayne McDevitt, Secretary NORTH CAROLINA DEPARTMENT OF A. Preston Howard, Jr., P.E., Director ENVIRONMENT AND NATURAL RESOURCES December 15, 1998 Pamlico County DWQ Project # 981064 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Mr. Ogden Johnson PO Box 15014 New Bern, NC 28561 Dear Mr. Johnson: You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 0.06 acres of wetlands or waters for the purpose of constructing a home at Lot 80, Yawl Place, Sail Loft subdivision, as you described in your application dated October 26, 1998. 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 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 Water shed regulations. 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 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 the property is sold, the new owner must be given a copy of this 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) (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. 1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds to notify the state in order to assure compliance for future wetland and/or water impact. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). 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 Dorney at 919-733-1786. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DWQ Regional Office John Domey Central Files 981064.1tr Division of Water Quality • Non-Discharge 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 ;# 3 s DEM ID:? NATIONWIDE PERMIT REQUESTED CORPS ACTION ID: 199812111 (PROVIDE NATIONWIDE PERMIT #): PRE-CONSTRUCTION NOTIFICATION APPLICATION FOR NATIONWIDE PERMITS THAT REQUIRE: 11 NOTIFICATION TO THE CORPS OF ENGINEERS 0 2) APPLXCATXON £ SECTION 3) COORDINATXONWXTHTHENO DIVI9ION FOF COASTAL GE??? 6 SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET), SEVEN 7) ES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMEN'T'AL MANAGEMENT (SEE AGENC ADDRESSE9 SHEET). PLEASE PRINT, A 1. OWNERS NAME! Johnson Homes / OctdOn H Johnson 2, MAILING ADDRESS! P.O. Box 15014 SUBDIVISION NAME: CITY: New Bern STATE: NC ZIP CODE: 28561 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE) : Lot 80 Yawl Place, Sail LQftr Subdivisign Oriental, Pamlico Countyc NC - 3. TELEPHONE NUMBER (HOME) ! (2-5-21-533-6649 (WORK) s Same _ 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Jerry R. Ryan P.O. Box 770, New'Bern, NC 2853-0770 (252) 633-6649 I 9, LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USG9 TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY ! am 1 i . o NEAREST TOWN OR CITY! „Q r i p n t a 1 SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.) _ End of Yawl Places (Road) I i I 6+ IMPACTED OR NEAREST STREAM/RIVER: Lona Gut/ Greens Cr _ RIVER BASIN: NeUse River -- 7e. is PROJECT LOCATED NRAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA), HIGH QUALITY WATERS (HQW), OUTSTANDLNG RESOURCE WATERS (ORW), WATrm SUPPLY (W9-I OR WS-11)? YES ( ) NO ( }() ' IF YES, EXPLAIN: I- 1 SENT BY;Wilmington District 0-19-90 : 0:40 USAGE-Reg. Branch-4AS&U ;# 4 f , 7b. IF THE PROJECT IS LOCATED WITHIN A NORTH CAROLINA DIVISION 06 COASTAL MANAGEMENT ARE Of ENVIRONMENTAL CONCERN (AEC)? YES (XI NO ) 7n. IF THE PROJECT 18 LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIEB), WHAT I9 THE LAND USE PLAN (LUP) DESIGNATION: 0A, HAVE ANY SECTION 404 PERMITS SEEN PREVIOUSLY REQUESTED FOR USE, ON THIS PROPERTY? YES ( I NO IX I IF•YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): 9b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES ( ) NO (X I IF YES, DESCRIBE ANTICIPATED WORK: 9A. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 0.5 A c r e 98. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT,SITE: 0.1 10A. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: G.06- EXCAVATION: FLOODING: _ OTHXR: DRAINA00i TOTAL ACRES TO BE IMPACTED: 108, (1) STREAM CHANNEL TO BE IMPACTED BY THE PROP099D PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER REL?OCA'TION)! N/A LENGTH BEFORE: FT AFTER: FT WIDTH BEFORE (based on normal high water Contours): T WIDTH AFTER: FT AVERAGE DEPTH BEFORE: FT AFTER: FT (2) STREAM. CHANNEL ?,?,1p=A WILL, RESULT FROM: (CHECK ALL THAT APPLY) N/A OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN GUNNEL: CHANNEL ELEVATION: 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 POND SURFACE AREA? 12. DESCRIPTION OP PROPOSED WORK INCLUDING DISCUSSION OF TYPO OF MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 94" x 11" DRAWINGS ONLY): Apply fill to 2,800 square feet of-404 Wetlands as shown on attached plat. 13. PURPOSE OS PROPOSED WOAKI- -L_andscape back yard. of proposed dwellin?g._ sENl UY:Wilmington District U-19-98 ; 8:41 USAGE-Reg, Branch-+AS&U ;# 5 14. STATE REASONS WHY IT IS BELIEVED WHAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS)! To create rear yard for dwellina,_ Are _L be ii _.??_.1_eJ_. is fringe of wetlands - silt fence will be used to minumize damage to remaining wetlands. 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) REGA.RDINC THE PRESENCE OF ANY I;EDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CIATICAL HABITAT IN THE PERMIT AMA THAT MAY BE AFFECTtD BY THE PROPOSED PROJECT. DATE CONTACTED: S = 19 g g (ATTACH RESPONSES FROM THESE AGENCIES.) 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE Or HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTEDt 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND7 YES ( I NO )X I (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 ( I b. IF YES, HAS THE DOCUMENT a815N REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE? YES ( I NO ( I IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE. STATE, CLEARINGHOUSE TO DIVISION OF ANVIRONMENTAI, MANAGEMENT REGARDING COMPLIANCE WrTH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT. QUZSTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS. CHRYS BAaGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-0003, TELEPHONE (919) 733-6369. 19. THE tOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DTSCHAR09 OF EXCAVATED OR FILL MATERIAL INTO WETLANDS: as WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAXES AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 19, 21, 26, 29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE 511OWN ON THE MAP. MAP SCALES SHOULD 8E 1 INCH EQUALS 50 FEET OR 1 INCH EQUALS 100 FEET OR THEIR EQUIVALENT. Wetlands have been delineated by US Army Corps of Engineers. b. IF AVAILADIRM, REtRESLNTATIVE PHOTOGRAPH OF WETLANDS TO BF IMPACTED BY PROJECT. N/A C. Zr Dr'LZNEAT'0N RAS pBRFORHED BY A CONSULTANT, INCLUDE ALL 17ATA SHEETS RELEVANT TO THE PLACEMENT of THE DELrNEATzckN LIiV8. None. d. ATTACH A Copy OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED. N/A ,, ,-, , .t_.. . SENT BY:Wilmington District U-19-9U 8:41 USAGE-Reg. Branch-'AS&U ;4 5 ' e. WHAT 19 LAND USE OF SURROUNDING PROPERTY? Residential t. Ir APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL7 Septic Tank & Nitrification Lines. g. SIGNED AND DATED BY AGENT AUTHORIZATION FETTER, IF APPLICABLE. NGTEf WETLANDS OR WATERS OF THE U.9. MAY NOT BE IMPACTED PRIOR TO, 1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, AND 2) EITHER THE ISSUANCE OR WAIVER Off A 401 DIVISION OF ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION. 1 OWNS IS/AGE 8 SIGNATURE lAG NT'S S MATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER I9 PROVIDED (18G.)) l? ?9 DA E 10 "son Homes October 18, 1998 Mr. John Dorney Division of Water Quality NC Department of Environment and Natural Resources 4401 Reedy Creek Road Raleigh, NC 27607 RE: Lot 80 - Sail Loft Subdivision - Yawl Place Dear Mr. Dorney: Enclosed, please find a request for a Nationwide Permit on the above referenced property. The fill of the area requested does not encroach into any streams or water but is at the head of a small finger of wetlands leading into Long Gut which leads into Greens Creek. Silt fencing will be utilized to prevent any sediment runoff until the new fill is stabilized. The U.S. Army Corps of Engineers have reviewed the site and signed off on the General permit- a copy of which is enclosed. If you have any questions, please contact me or my agent, Jerry Ryan, at (252) 633-6649 - Atlantic Survey & Design, PO Box 770, New Bern, NC 28563-0770. Sincerely; ve Y4e--"V - o--L Ogd 7n1H. Johnson 9L cc: DWQ-DEHNR, Corps of Engineers, State Historic Preservation Office, U.S. Fish and Wildlife Services, National Fisheries Services P.O. Box 15014 New Bern, NC 28561 Off: 919/633-2947 Fax: 919/636-0809 U.S. ARMY CORPS OF ENGINEERS .,;.. WILMINGTON DISTRICT 1 ?,yy?;??!,MActionId2 I°?? 1 rGENERAL PERMIT (REGIONAI, AND NATIONWIDE) I .:Property owner -6 (1, ?/ 387600 33 ©o ; County trG VERIFICATION Address _ r, 0 o k 7 O I L" - ties, (?e?ti ?(/ C 2 8S6 ` Telephone No. r?, ? S Z 6 Size and Location of project (water body, road nai MA ? G ?.. C 'b 67/n ; a j4' 'Description of Activity ?, e__ f ?o! / 8 S c? 2rM F\ c,l /number, town, etc. 5 GL/? kf e- -11 /V16 e., e G ix.., -1 . licable Law: pp _kSection 404 (Clean Water Act, 33 U.S.C. 1344). check all that a pp1 a, y) Section 10 (River and Harbor Act of 1899). ? 4 ?? r;? Authorization: Regional General Permit Number. rr A- Nationwide Permit Number. Your work'is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished ,<N^ in strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section ,,404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401`water:. quality certification from the N.C. Division of Environmental Management, telephone (919) 733-1786:"' ' any activity within the Iwenly coastal counties, before beginning work you must contact the N.C. Division of Coastal Management, telephone (919) 733-2293. Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions f the RGPor the NWP referenced above may subject the pcrmittee to a stop work order, a restoration order; and/or appropriate legal action. This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact a ro riate State t G and local agencies before beginning work. pp p If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide Permit, please contact the Corps Regulatory Official specified below. f I?;? l f h>.3? ? Date _ ? ta a{gA Corps Regulatory Official Telephone No. q?s ! ?, t •• ? Expiration Date of Verification Zo ?o , ? rh„ t1SfJRVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC'., ` ..BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABL4 UST f CEBAW Form 601 Revlsed July f 995 .'11r, "Pow. N' A .`?T. .a It ?. fl4 1:.....-, 1p... .S:: r.1??••?• •?'}f<.X F•• 1 m = ??. 3 ? •.A Ti.t 1 I ? I. a a•4 II {\F r IZ y C \\ II r - 1 ,.v ?S. - r ? III ? 111 I 11 r ?1 11 /, ' v 1 . ? 11 ..?- krr 1 v'.. // I 10 IS•?' Ifs,. • / I;t ?a 1 ¢na, 11 b a ` ? II r ? P ? N?1 II i J r ', j r",T ? ? 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REFERENCE RESTRICTIVE COVENENTS FOR RESTRICTIONS AND EASEMENTS THAT MAY APPLY. 1 GMF J LEGEND ry:: IPF IPS IRON PIPE FOUND IRON PIPE SET 1. CMF - CONCRETE MONUMENT FOUND / MBS - MINIMUM BUILDING SETBACK / DUE - DRAINAGE AND UTILITY EASEMENT / z L:OGA TION a LOT GG nor G7 ? . ? DITCH 30'00• F -?_ - - - - - "_ 156.63' - - - - y r a 100.17' IP$ N 82 30 00• E 368.36' IF 4 -15' M85 - - - k 0 V 0 I I I "r' 5Af IPP ??? ?? I I . Fcr?Ge?? I I I I J 0 yt I I I 7 . IPf (}. N 79_09'00_E ?O I ! 40.26' , i 11 l I 00 N I I ` o eP I I ?, to " ?a S 6, kaw I N o I (3 :14 0 n 4 I nn r o I o ?;?? O ? 'I a LOT 80 1-3 I LOT 79 r I N i 23.741 SO FT I? I 19.864 SO Fr ? -„ ... ?... ,...?., r i imnFVFI nPFn i