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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 t tev ens 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. f/ zc?? .?___ 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 f j ~ F p 1 ! 1 -7 - Z? 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 ?? 5WUA, j6C. t9. J&d g A61d.. V 99AYfiA. ..uouinon 1.J July 15, 1999 Mr. Bill Biddlecome U.S. Army Corps of Engineers P.O. Box 1000 Washington, NC 27889-1000 Dear Bill: 6pW& o .q.w A.4 t?lp. 9"" 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 a ?? F 4?;