19870325 Ver 1_COMPLETE FILE_19870807

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State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street · Raleigh, North Carolina 27611

James G. Martin, Governor
S. Thomas Rhodes, Secretary

August 7. 1987

R. Paul Wilms
Director

Mr. Edwin Burnett. Agent for
Tibby's Branch Associates
4875 B-1 New Centre Dr.
Wilmington. NC 28403

Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Road Crossing
Tibby's Branch Associates
Tibby's Branch
New Hanover County

Dear Mr. Burnett:

Attached hereto are two (2) copies of Certification No. 2129
issued to Tibby's Branch Associates dated August 7. 1987.

If we can be of further assistance. do not hesitate to contact us.

Sincerely yours.

Original Signed By
William C. Mills
For R. Paul Wilms

cc: Wilmington District Corps of Engineers
Wilmington Regional Office
Mr. William Mills
Mr. David Owens

Poilu/ion Pret'en/ion Pays

P.D. Box 276fI7. Raleigh, North Carolina 2761\.76fI7 Telephone: [phone]

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NORTH CAROLINA
New Hanover County

CERTIFICATION

THIS CERTIFICATION is issued in conformity with the requirements of
Section 401 Public Laws 92-500 and 95-217 of the United States and
subject to the North Carolina Division of Environmental Management
Regulations in 15 NCAC 2H, Section .0500 to Tibby's Branch Associates
pursuant to an application filed on the 7 day of August, 1987 to
construct a minor road crossing for a housing development.

The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of Tibby's
Branch in conjunction with the proposed road crossing in New Hanover
County will not result in a violation of applicable Water Quality
Standards and discharge guidelines. Therefore, the State of North
Carolina certifies that this activity will not violate Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance
with the application and conditions hereinafter set forth.

Condition(s) of Certification:

1. That the activity be conducted in such a manner
as to prevent significant increase in turbidity
outside the area of construction or construction-
related discharge (increases such that the
turbidity in the Stream is 25 NTU's or less
are not considered significant).

2. That appropriate sedimentation and erosion control measures
shall be employed to minimize turbidity and siltation impacts.

Violations of any condition herein set forth shall result in
revocation of this Certification.

This Certification shall become null and void unless the above
conditions are made conditions of the Federal Permit.

This the 7th day of August.

DIVISION OF ENVIRONMENTAL MANAGEMENT

WQCI! 2129

Original Signed By
William C. Mills
For R. Paul Wilms, Director

/,-

State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street · Raleigh, North Carolina 27611

James G. Martin, Governor
S. Thomas Rhodes, Secretary

August 7, 1987

R. Paul Wilms
Director

Mr. Edwin Burnett, Agent for
Tibby's Branch Associates
4875 B-1 New Centre Dr.
Wilmington, NC 28403

Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Road Crossing
Tibby's Branch Associates
Tibby's Branch
New Hanover County

Dear Mr. Burnett:

Attached hereto are two (2) copies of Certification No. 2129
issued to Tibby's Branch Associates dated August 7, 1987.

If we can be of further assistance, do not hesitate to contact us.

Sincerely yours,

Original Signed By
William C. Mills
For R. Paul Wilms

cc: Wilmington District Corps of Engineers
Wilmington Regional Office
Mr. William Mills
Mr. David Owens

Pollution Prevention Pays

Po. Box 276If7. Raleigh, North Carolina 27611-76If7 Tdephone 919-733-7015

JI

NORTH CAROLINA
New Hanover County

CERTIFICATION

THIS CERTIFICATION is issued in conformity with the requirements of
Section 401 Public Laws 92-500 and 95-217 of the United States and
subject to the North Carolina Division of Environmental Management
Regulations in 15 NCAC 2H, Section .0500 to Tibby's Branch Associates
pursuant to an application filed on the 7 day of August, 1987 to
construct a minor road crossing for a housing development.

The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of Tibby's
Branch in conjunction with the proposed road crossing in New Hanover
County will not result in a violation of applicable Water Quality
Standards and discharge guidelines. Therefore, the State of North
Carolina certifies that this activity will not violate Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance
with the application and conditions hereinafter set forth.

Condition(s) of Certification:

1. That the activity be conducted in such a manner
as to prevent significant increase in turbidity
outside the area of construction or construction-
related discharge (increases such that the
turbidity in the Stream is 25 NTU's or less
are not considered significant).

2. That appropriate sedimentation and erosion control measures
shall be employed to minimize turbidity and siltation impacts.

Violations of any condition herein set forth shall result in
revocation of this Certification.

This Certification shall become null and void unless the above
conditions are made conditions of the Federal Permit.

This the 7th day of August.

DIVISION OF ENVIRONMENTAL MANAGEMENT

WQCI! 2129

Oriainal Signed By
William C. Mills
R. Paul Wilms, Director
For

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!JIVISION OF ENVIRONMENTAL
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E\\!ED
MANAGEMENF E C -
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MEMORANDUM

DATE:

. .August 19, 1987

'~ill Mills
Operations Branch

David H. Cotton a2-
Wilmington Regional Office

A. Preston Howard, Jr. 1#J
Wilmington Regional OfficeP1

TO:

FROM:

THROUGH:

SUBJECT:

Regional Office Review & Recommendations
Application for Permit for Excavation and/or Fill
Tibby's Branch Associates
New Hanover .-)

(,/

The applicant is proposing to place culverts in a creek bed in
order to build a road crossing. The project is located adjacent
to Tibby's Branch, an unnamed tributary of Page's Creek,
classified SA. The project involves 750 square feet of creek
bottom.

The project has been reviewed to determine impacts to water
quality. The project will require a 401 Water Quality
Certification which should contain the following conditions:

1. That the fill dirt be from an upland source and free from
toxic material.

2. That erosion control measures be in place prior to placement
of fill.

3. That all side slopes be stabilized with vegetation
immediately upon completion.

4. That the turbidity outside the construction area not rise
above 25 NTU.

DHC:kc
cc: CF, WiRO

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PERMIT TO EXCAVATE AND/OR FILL
EASEMENT IN LANDS COVERED BY WATER

ArPlICA TION
FOR
C

WA!f~q~~~TY CERTIFICATION --"":J
CAMA PERMIT FOR MAJOR DEVELOPMENT

Dep~rtmenl of AdmlnlSlnllon
(GS 146-12)

SUle of North Cuolin~
Depulment of N~tur~1 Resources ~nd Community Development
(GS 113.229, 143-215.3(~)( I). 143.215.3(c). 113A.118

Deputn!ilt /!thf),rrtr I
Corps of Englnee~llllJl~to\1bll!7lcl
(33 Cf R 209.320-329) L:.

JUL 02 1987

Plcasc typc or print and fill in all blanks. If information is not applicablc. so indicate by placing N/A in J~li QUALlT
OPERA T10NS BY SECTION
RANCH

I.
Agent

Applicant Information
A. NJme Burnet t

Tibby's Branch Associates (partnership)
Edwin Luther
First Middle

Last
Centre Drive
Street. P. O. Box or Route
N.C. 28403

State

919-392-1817
Zip Code Phone

8, Address

4875 B-1 New

Wilminqton
City or Town
II. LOc.1tion of Proposed Project:
A. County ~lol.7 f..:!;>nI'"'lHnr
B. 1. City, town, community or landmark n pa r p() r r p r 's N p ~ k
2. Is proposed work within city limits? Yes_No-1L-
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
(branch) Tibby's Branch

"I. Description of Project
A. 1. Maintenance of existing project 2. New work ~r()ss i nQ hran~h wi th road
B. Purpose of excavation or fill
1. Access channel length width depth
2. Boat basin length width depth
3. Fill area length width depth
4. Other length 1 <; width <;n depth .1-<; ft- ;'1hnup nr;'1 i n;'1gp
C. 1. Bulkhead length n / a Average distance waterward of MHW (shoreline) n / a pipe
2. Type of bulkhead construction (material)
D. Excavated material (total for project)
1. Cubic yards non e 2. Type of material
E. Fill material to be placed below MHW (see also VI. A)
1. Cubic yards n g n Q 2. Type of material
IV. Land Type, Disposal Area, and Construction Equipment:
A. Does the area tv be excavated include any marshland, swamps or other wetland? Yes _ No 'l(
B. Does the disposal area include any marshland, swamps or other wetland? Yes _ No
C. Disposal Area
1. Location
2. Do you claim title to disposal area?
D. Fill material source iffill istobe trucked in .Ilno c-liilY .nQ ct"'H,hQO .tQnQ
E. HowwillexcJvJtcdrnaterialbeentrappedanderosioncontrolled?dist:IJrhed area t() he upstream of
sediment trap 15xl0x2 it deep in stream bottom with rip-rap damn
r. Type of equipment to be used track excavator
G. Will marshland be crossed in transporting equipment to project site? If yes, explain nn

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V. Intended Use of Project Are~ (Describe)
A. 1. Private
2. Commercial
3. Housing Development or Industrial
4. Other

Hnllsin\} c1pvp1npmpnl-

B. 1. Lot size(s) minimum 15,000 sq. it.
2. Elevation of lot(s) above mean high water
3. Soil type and texture C:::lnn :'lno cl~y mix
4. Type of building facilities or structures private homes

5. Sewage disposal and/or waste water treatment A. Existing

Planned

B. Describe
6. ILand Classification' (circle one) DEVELOPED lRANSlllONAL
CONSERVATION OTHER
VI. Pertaining to fill.1nd Water Quality:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes_No ~
B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? Yes_No-L-
2. Typeofdischarge n/a
3. Location of discharge n I i'l
VII. Present rate of shoreline erosion (if known): n,l.:l
VIII. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if.~ppliC.1ble: none
IX. length of time required to complete project: 3 mon t h
X. In addition to the completed appliC.1tion form, the following items must be provided:
A. Attach f the deed (w. ate application only) or other instrument under which applicant
claims title to the affe roperty. OR if applicant is not claiming to be the owner of said property,
then forward a c of the de other instrument under which the owner claims title plus written
~ermission om the owner to carry ou project on his land.
vB. Attach an accurate work plat drawn to scale on 8Yz X 11" white paper (see instruction booklet for
details). Note: Original drawings preferred. only high quality copies accepted.
C. A copy of ust be served upon adjacent riparian landowners by registered or
certified mail 229 (d))Enter date served

COMMUNITY RURAL
See C MA lOCJI Land Use PIJn SYllop~il

D.

XI.

Certifiution requirement: I certify that to the best of my knowledge, the proposed activity complies
with the State of North Carolina's approved coastal management program and will be conducted in a
manner consistent with such program.

XII.

Any permit issued pursuant to this application will allow only the development described in this appli.
cation and plat. Applicants should therefore describe in the application and plat all anticipated devel-
opment activities, including construction, excavation, filling, and land clearing.

DATE

t;h~7

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Tibby's Branch Development

This development will consist of 30 single family lots lo-
cated on 17.4 acres. All lots will be a minimum of 1/3 acre
and will have individual wells and septic tanks. The soil
has had preliminary work and analysis by the New Hanover
Health Department. Their findings are that the soil is suit-
able. Wherever the road crosses Tibbys Branch, sediment
traps will be used and all piping will be rip-rapped.
Please let me know if you have any questions. Thank you.

. ,

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PERMIT TO EXCAVATE AND/OR Fill
EASEMENT IN lANDS COVERED BY WATER

ATER-QUALlTY CERTIFICAW

CAMA PERMIT FOR MAJOR DEVELOPMENT

Deputment of (~!Jkm9 2 1987
Corps of E~~I'l-e~fs, Wllmln~ton District
(33 CFR :idjUll)b~.uAlIl Y SECTION
OPERATIONS BRANCH

EIVED

Department of Administration
(GS 146-12)

State of North Cuollna
Deputment of Natural Resources and Community Development
(GS 113-229, 143-215.3(a)(1), 143-215.3(c), 113A.118

Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank.

I.
gent

Applicant Information
A. Name Burnett

Tibby's Branch Associates (partnership)
Edwin Luther
First Middle

Last
Centre Drive
Street, 1'. O. l30x or Route
N.C. 28403

State

919-392-1817
Zip Code Phone

13. Address

4875 B-1 New

Wi1minqton
City or Town
II. location of Proposed Project:
A. County ~1,:"., l-l;'\nnUf'>r
B. 1. City, town, community or landmark nPFlr P()rt~r I oS N~r.k
2. Is proposed work within city limits? Yes_No ~
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
(branch) Tibby's Branch

,.

III. Description of Project
A. 1. Maintenance of existing project
B. Purpose of excavation or fill
1. Access channel length width depth
2. Boat basin length width depth
3. Fill area length width depth
4. Other length 1 r:; width r:; () depth
C. 1. Bulkhead length n / a Average distance waterward of MHW (shoreline)
2. Type of bulkhead construction (material)
D. Excavated material (total for project)
1. Cubic yards n () n e 2. Type of material
E. Fill material to be placed below MHW (see also VI. A)
1. Cubic yards non 9 2. Type of material

2. New work r.rnsoS i ng hrrlnch wi th road

Ll-r:; fI-

n/a

;'\hnup

ilr;=t;n;=tCjp
pipe

IV. land Type, Disposal Area, and Construction Equipment:

A. Docs the area to be excavated include any marshland, swamps or other welland? Yes _ No X

B. Does the disposal area include any marshland, swamps or other wetland? Yes _ No

C. Disposal Area
1. Location
2. Do you claim title to disposal area?

D. Fillrnatcrialsourceiffillistobetruckedin ..no cl.y ana cru..hgd :;tQnQ

E.llowwillexcavatcdmaterialbeentrappedanderosioncontrolled?dioStllrbed rlrerl to h~ Ilpstrerlm ()f
sediment trap 15x10x2 it deep in stream bottom with rip-rap damn

F. Type of equipment to be used track excavator

G. Will marshland be crossed in transporting equipment to project site? If yes, explain n n

D&F-Bl

V. Intended Use of Project Area (Describe)
A. 1. Private
2. Commercial
3. Housing Development or Industrial
4. Other

HOllfling d~v~lopmpnt-

B. 1. Lotsize(s) minimum 15,000 sq. ft.
2. Elevation of lot(s) above mean high water
3. ~?iltype anu texture ~."1 n r1 "1 '1 a C'l 81 Y mix
4. Type of building facilities or structures private homes

5. Sewage disposal and/or waste water treatment A. Existing Planned
B. Describe
6. lLand C1assification'(circle one) DEVELOPED TRANSITIONAL COMMUNITY RURAL
, CONSERVATION OTHER See C MA Local Land Use Plan Synopsis)
VI. Pertaining to Fill and Water Quality:
A. Docs the proposed project involve the placement of fill materials below mean high y/ater? Yes_No--L
B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? Yes_No-1L-
2. Type of discharge n/a
3. Location of discharge n / rl
VII. Present rate of shoreline erosion (if known): n /.:l
VIII. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if.~pplicable: none
IX. Length of time required to complete project: 3 man t h
X. In addition to the completed application form, the following items must be provided:
A. Attach a c f the ~ (w. ate application only) or other instrument under which applicant
claims title to the affe roperty. OR if applicant is not claiming to be the owner of said property,
..
then forward ~ of the dec other instrument under which the owner claims title plus written
~ermissiory<om the owner to carry ou project on his land.
(/6. Attach an accurate work plat drawn to scale on 8Yz X 11" white paper (see instruction booklet for
details). Note: Original drawings preferred - only high quality copies accepted.
.'
C. A copy of~ . tion a nust be served upon adjacent riparian landowners by registered or
certified mail publicatIOn ~9 (d))Enter date served
D. List nam and complete addresse ~ riparian landowners with property adjoining applicant's.
Such owners ha 0 days. ich to submit comments to agencies listed below.

XI.

Certification requirement: I certify that to the best of my knowledge, the proposed activity complies
with the State of North Carolina's approved coastal management program and will be conducted in a
manner consistent with such program.

XII.

Any permit issued pursuant to this application will allow only the development described in this appli-
cation and plat. Applicants should therefore describe in the application and plat all anticipated devel-
opment activities, including construction, excavation, filling, and land clearing.

DATE

C~~fr7

Tibby's Bran~h Development

This development will consist of 30 single family lots 10-
c a ~ e d on ,17. 4 a c res . All lot s will be ami n i mu m 0 f 1/3 a c r e
and will have individual wells and septic tanks. The soil
has had preliminary work and analysis by the New Hanove~
Health Departme.nt. Their findings are that the soil, is sui t-
able. Wherever the road crosses Tibbys Branch, sediment
traps will be used and all piping will be rip-rapped.
Please let me know if you have any questions. Thank you.

.

, .

BURNETT & COMPANY

RECEIVED

JUL 2 2 1987

WATER QUALITY SECTion
OPERAT!ONS SR..,~!r~:
SUITE 115-E

5051 NEW CENTRE DRIVE

WilMINGTON, NORTH CAROLINA 28403

919-392-1817

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