HomeMy WebLinkAbout19990910 Ver 1_COMPLETE FILE_19990812State of North Carolina
Department of Environment
and Natural Resources
Division of. Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
August 31, 1999
Beaufort County
DWQ Project # 990910
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Ernestine Liles
C/o Brantley Tillman
2736 Rosedale Avenue
Raleigh, NC 27607
Dear Mr. Tillman:
You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 0.10 acres
of wetlands or waters for the purpose of a residential development, as you described in your application dated August 12, 1999.
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 16 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 Domey at 919-733-9646.
SiIrr. y 2
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Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Beaufort DWQ. Regional Office
File Copy
Central Files
990910.1tr
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
hfp://h2o.enr.state.nc.us/wetlandc.html
404 'E'N
DEM In• CORPS ACTION ID:
'NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT ft 18
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1. NOTIFICATION TO THE CORPS OF ENGINEERS
2. APPLICATION FOR SECTION 401 CERTIFICATION
3. COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD
OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES
SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE AGENCY
ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAME: Emestine B Liles Go Brantley Tillman
2. MAILING ADDRESS: 2736 Rosedale Avenue
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING
ADDRESS ABOVE): Proiect is located on Shoreline Drive Lot 545 DOwry Creek S/D.
3. TELEPHONE NUMBER (WORK): (919) 872-5702 (FAX) ,(919) 9548859
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: Scott Piner Go Land Management Group P.O. Box 2522,
Wilmington, NC 28402, (910) 452-0001 -
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Beaufort NEAREST TOWN OR CITY: Belhaven
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):Proieect is located or
Shoreline Drive Lot 54 Dowry Creek S/D Shoreline Drive is off of Bible Shore Drive (SR 1710.
6. IMPACTED OR NEAREST STREAWRIVER: Pungo RIVER BASIN: Tar-Pamlico
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY
(WS-I OR WS-11)? YES [x] NO 0 IF YES, EXPLAIN: Pungo River
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO [x]
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? Conservation
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES 0 NO [x]
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [ ] NO [x ]
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT 05 LAND 0.43 acres
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
0.30 acre
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: 0.06 acre EXCAVATION:
FLOODING: OTHER:
DRAINAGE: TOTAL ACRES TO BE IMPACTED: 0.06 acre
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED,
PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION): WA
LENGTH BEFORE: FT. AFTER: FT.
WIDTH BEFORE (based on normal high water contours): FT.
AVERAGE DEPTH BEFORE: FT. AFTER: FT.
(2) STREAM CHANNEL IMPACT WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: 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? NIA
WHAT IS THE EXPECTED POND SURFACE AREA? WA
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACHED PLANS: 8'/a' X 11" DRAWINGS ONLY):
The NWP will allow for the clearing and filling of land to allow the construction of a house pad and
driveway.
13. PURPOSE OF PROPOSED WORK: To allow for the construction of a house that meets
minimum subdivision covenants.
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 PERMIT AREA THAT
MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED:
No longer contact per their request. (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 WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT.
DATE CONTACTED: No longer contact per their request
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS):
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
-PUBLIC (STATE) LAND?
YES [ ] NO [x] (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[ ]
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES[ ] NO[ ]
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE
CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING COMPLIANCE
WITH 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 (910) 733-6369.
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?
Residential
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
Community, sewer
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE US 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.
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OWNER'S/AGENT'S SIGNATURE ATE
N
0
0 0.5 1 2
SCALE 1" = 1 MILE
NWP Request Land Management Group, Inc.
Lot 54 Creek Environmental Consultants Vicinity Map
Dowry Wilmington, N.C.
Beaufort County, NC May 1999
N
0 1000 2000 4000
SCALE 1" = 2000'
NWP Request Land Management Group, Inc. USGS 7.5'
Lot 54, Dowry Creek Environmental Consultants
ry Wilmington, N.C. Belhaven, INC Quad Sheet
Beaufort County, NC May 1999
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NOTE: NOT TO SCALE
NWP Request Land Management Group, Inc. Site Plan/
Lot 54, Dowry Creek Environmental Consultants
Beaufort County, NC Wilmington, N.C. Subdivision Layout
May 1999
90'
......... 404 WETLANDS LINE
CAMA WETLANDS
PUNGO RIVER
N
REQUESTED WETLANDS
FILL AREA (0.06 ACRE)
0 25 50 100
SALE 1" = 50
NWP Request Land Management Group, Inc.
Lot 54, Creek Environmental Consultants Lot 54
Dowry Wilmington, N.C. Site Plan
Beaufort County, NC May 1999
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
1 or z
Project/Site: Lots 54& 55 Dowry Creek
Applicant/Owner. Jerry Liles
Investigator. Paul Farley
s Normal Circumstances exist on the site? C`t
the site significantly disturbed (Atypical Situation)? No
the area a potential Problem Area? Yes o
needed, explain an reverse.)
Date: 0812498.
County: Beaufort
State: North Carolina
Community llwetland
Transect ID:
Plot ID:
VEGETATION
Dominant Plant Species Stratum Indicator Dominant ant Wies Stratum Indicator
Pinus taeda Tree FAC 9.
Pinus taeda Shrub FAC 10.
various sedges Herb FAC 11.
Acer rubrum Shrub FAC 12.
13.
14.
15.
16.
Percent of Dominant Species that are OBL, FACW or FAC
(exclu(uding FAC-) 100%
Remarks:
Area has been mowed
HYDROLOGY
Wetland Hydrology Indicators:
-Recorded Data (Describe in Remarks): Primary Indicators
Stream,Lake, or Tide Gauge Inundated
Aerial Photographs x Saturated in Upper 12 Inches
^Other Water Marks
x No Recorded Data Available _
Drift Lines
_
Sediment Deposits
-
Drainage Patterns in Wetlands
Field Observations: Secondary Indicators (2 or more required):
-Oxidized Root Channels in Upper 12 inches
Depth of Surface Water: none (in.) Water-Stained Leaves
_ Local Soil Survey Data
Depth to Free Water in Pit: -8 (in.) FAC-Neutral Test
-Other (Explain in Remarks)
Depth to Saturated Soil: -8 (in.)
Remarks:
Meets hydrology criterion
SOILS. Project/Ske: Lot 54855 Dowry Creek Page 2 of 2
Map Unit Name
Series and Phase): Tomotly Drainage Class:
Field Observations
Taxonomy (Subgroup): epic Oraquults Confirm Mapped Type? Yes No
Profile Description:
Depth Matrix Color Mottle Texture, Concretions,
(inches) Horizon (Munseil Moist) Abundance/Contrast Structure, etc.
0-12 A 10YR 4/2,5/2 sand loam
12-16 B 10YR 5/1, sand loam
Hydric Soil Indicators:
_ Histosol Concretions
Histic Epipedon -High Organic Content in Surface Layer in Sandy Soils
Sulfidic Odor _Organic Streaking in Sandy Soils
_Aquic Moisture Regime -Listed on Local Hydric Soils List
Reducing Conditions Listed on National Hydric Soils List
x Gleyed or Low-Chroma Colors -Other (Explain in Remarks)
Remarks: Meets hydre soil criterion
Wt { i.ANU
Hydrophytic Vegetation Present?
Wetland Hydrology Present?
Hydric Soils Present? Yes
Longitude 76 deg. 32'56"
Latitude 35 deg. 32'25"
No (Circle)
No
No Is this Sampling Point Within a Wetland?
(Circle)
Yes No
Applicant/owner, Jerry Liles Land Management Group, Inc.
701 E. Sox Forks Road Post Office Box 2522
Raleigh, NC 27609 Wilmington N.C. 28402
910-452-0W1
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July 15, 1999
Mr. Bill Biddlecome
U.S. Army Corps of Engineers
P.O. Box 1000
Washington, NC 27889-1000
Dear Bill:
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5805 94*46W& WWft W
9WdVangton, M 2&W3
PAYMENT
AEMV.
Enclosed is a revised NWP application for Lot 54 in Dowry Creek, Beaufort County,
North Carolina. Fill is requested to allow for completion of a house on the lot. The site
plan has been arranged to minimize wetland impacts. Rob Moul has met with David
Moye and Terry Moore of CAMA and determined that the property lies outside of the
CAMA AEC.
Thank you for your assistance in this matter. Please contact me if you have questions.
Sincerely:
Paul M. Farley
Wetland Scientist
cc: John Dorney, DWQV/
Brad Shaver, DWQ
David Moye, CAMA
Brantley Tillman
.fit V/?ee 'I&-Z 2522
94amm, ?Yott/a Molina 28402
3d' - NO-452-000Y
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