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HomeMy WebLinkAbout19991069 Ver 1_COMPLETE FILE_19991001FROM : CHARLIE HOLLIS REGULATORY CONS PHONE NO. : 9103926933 Jan. 31 2000 04:47PM P01 v FAX From CHARLIE HOLLIS Regulatory Consultant 138 Creen Forest Drive Wilmington, NC 29409 Phone/FAX 910-342-6833 SUBJECT: 5T-"Vs or- 41C) (016my . DATE: 1 1,3 1 fl)o vs7 s ? - ? ?9/OG? TO: n r G4. w Number of Pages Including This Page: , COMMENTS: A)t+XT-15 C-4 S4-e--?U-c os- 1-0 1 ? e. 0 G -, `1_ s c 1 ??rST ;/?, I llwr?- ?5T It ? PaOI Cz9'?`. r FROM : CHARLIE HOLLIS REGULATORY CONS PHONE NO. : 9103926833 Jan. 31 2000 04:48PM P02 CHARLIE HOLLIS Regulatory Consultant 138 Green Forest Drive Wilmington, NC 28409 Phone/FAX 910-392-6833 December 15, 1999 Project: NWP-18; 0.08-Ae., Thomas Faulkner DWQ project # 991069 Carteret County, N.C. Mr. John R. Dorney North Carolina Department of Environment, Health and Natural Resources Division of Water Quality 4401 Reedy Creek Road Raleigh, NC 27607 Dear W. Domey: Please reference your letter of November 20, 1999 to Mr. Thomas Faulkner regarding the above cited project. (By the way, I did not receive a copy of this as stated) Consideration has been given to various configurations for the placement of W. Faulkner'; house on this lot in such a manner as to fit between the CAMA AEC line and the 30-foot street set-back; this distance is about 110 foist, The distance from the CAMA line to the small pocket of wetlands is about 85 feet, Although it may be possible to slightly reduce the area of wetland IM because of the actual house, the remaining wetlands will be adversely impacted by the close proximity to the house and driveway and will be essentially eliminated in function. Note that this wetland pocket has emerged primarily because the downstream culvert has become silted and blocked (which it is currently); and when a house is built, this culvert must be completely cleaned out to assure against the flooding of the lot and house. 'When the culvert Is cleaned out, the water Dow will have a straight shot out of the present wetland area, and the wetland system, created by the silted culvert, will essentially dry up. In summary, it is believed that W alternative house, configuration on this lot, all ofwhich would necessitate the cleaning out of the culvert, would result in the elimination of this small area of wetlands. It was this reasoning that led to our request for the disturbance of alt of the 3600 SgFt of wetland area. I hope this information will be helpful to you. Please contact me if you have any questions. n Charlie Hollis Cy: Joanne Steenhuis T. Faulkner State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director 1 ? • _9% wow NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES January 24, 2000 Carteret County DWQ Project # 991069 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Mr. Thomas Faulkner Post Office Box 1673 Blowing Rock, North Carolina 28605 Dear Mr. Faulkner: You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 0.08 acres of wetlands or waters for the purpose of residential development as, described in your application dated 29 September, 1999 with an additional letter dated 15 December, 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 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 Domey at 919-733-9646. Prrinel Ste e s Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DWQ Regional Office John Dorney Central Files Charlie Hollis; 134 Green Forest Drive, Wilmington, NC 28409 Division of Water Quality • Non-Discharge Branch 1621 Mail Service Center Raleigh NC 27669-1621 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper Re: Thomas Faulkner Subject: Re: Thomas Faulkner Date: Tue, 21 Dec 1999 18:44:50 -0500 From: Joanne Steenhuis <Joanne. Steenhuis @ ncmail.net> To: Eric Fleek <eric.fleek@ncmail.net> Eric, I'm not impressed with the reasoning, but I am also not going to live in it. There is a fairly deep wetland on the other side of the road that drains towards the house byway of the culverts, could that possibly cause future problems? Since they are not asking for over 1/3 acre nor has the subdivision done over its acre, I don't see how we can say no to this one. Eric Fleek wrote: > I can't remember: were you OK with Hollis's response for this project? > if so let me know so we can do the 401. Joanne Steenhuis <Joanne.Steenhuis@ncmail.net> 1 of 1 12/22/1999 9:11 AM FROM : CHARLIE HOLLIS REGULATORY CONS PHONE NO. : 9103926833 Dec. 15 1999 04:54PM P01 01ARLIE HOLLLS Regulatory Consultant 13E Green Forest Drive Wilmington, NC 38409 PhonefflAX 910-3934833 December 15, 1999 Project; NWP-18; 0.08-Ac., Thomas Faulkner DWQ Project 0 991069 Carteret County, N.C. Mr. John R. Domay North Carolina Department of Environment, Health and Natural Resources Division of Water Quality 4401 Reedy Creek Road Raleigh, NC 27607 Dear Mr. Dorney: Please reference your letter of November 29,1999 to Mr. Thomas Faulkner regarding the above cited project. (By the way, I did not receive a copy of this as stated) Consideration has been given to various configurations for the placement of Mr. Faulkner's house on this lot in such a manner as to fit between the CAMA AF,C line and the 30-foot street set-back; this distance is about 110 feet. The distance Prom the CAMA line to the small pocket of wetlands is about 85 feet. Although it may be possible to slightly reduce the area of wetland RU because of the actual house, the remaining wetlands will be adversely impacted by the close proximity to the house and driveway and will be essentially eliminated in function. Note that this wetland pocket has emerged primarily because the downstream culvert has become silted and blocked (which it is currently); and when a house is built, this culvert must be completely cleaned out to assure against the flooding of the lot and house. When the culvert is cleaned out, the water flow will have a straight shot out of the present wetland area, and the wetland system, created by the silted culvert, will essentially dry up. In summary, it is believed that = alternative house configuration on this lot, all ofwhich would necessitate the cleaning out of the culvert, would result in the elimination of this small area of wetlands. It was this reasoning that led to our request for the disturbance of all of the 3600 SgFt of wetland area. I hope this information will be help%l to you. Please contact me if you have any questions. YCharlie Hollis Cy: Joanne Steenhuis T. Faulkner State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director / • • won NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES November 29, 1999 DWQ Project # 991069 Carteret County CERTIFIED MAIL-RETURN RECEIPT REQUESTED Mr. Thomas Faulkner Post Office Box 1673 Blowing Rock, North Carolina 28605 Dear Mr. Faulkner: The Division of Water Quality has reviewed your plans for the discharge of fill material into 0.08 acres of streams and/or wetlands located at Lot 4, The Village at Camp Morehead by the Sea in Carteret County for residential lot fill. Based on this review, we have identified significant uses, which would be removed or degraded by this project. Insufficient evidence is present in our files to conclude that your project must be built as planned in waters and/or wetlands in accordance with 15A NCAC 2H .0506. Therefore, unless modifications of the proposal are made as described below, we will have to move toward denial of your 401 Certification as required by 15A NCAC 2H .0507(e) and will place this project on hold as incomplete until we receive this additional information, we are requesting (by copy of this letter) that the U.S. Army Corps of Engineers place your project on administrative hold. Please provide us with information supporting your position that states your project must be constructed as planned and that you have no practicable alternative to placing fill in these waters and/or wetlands. Specifically can you locate your home further from the drainage way and still in the front of the lot to minimize future impacts? Any documentation such as maps and narrative that you can supply to address alternative designs for your project may be helpful in our review of your 401 Certification. Also this project will require compensatory mitigation as described in 15A NCAC 2H .0506(h). Your mitigation proposal is insufficient because none was proposed. Please respond within three weeks of the date of this letter by sending a copy of this information to me and one copy to Ms. Joanne Steenhuis, Wilmington Regional Office at 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-2004. If we do not hear from you in three weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. I can be reached at 919-733-9646 if you have any questions. qno erely 1?? . j R. R. Dorh y cc: Wilmington DWQ Regional Office Wilmington Office Corps of Engineers Central Files File Copy Charlie Hollis, 138 Green Forest Drive - Wilmington, NC 28409 Wilmington Field Office Corps of Engineers Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27669-1621 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper MEMORANDUM TO: John Dorney Regional Contact: J. Steenhuis Non-Discharge Branch WO Supervisor: Rick Shiver Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Thomas Faulkner Project Number 99 1069 Recvd From APP Received Date 10/1/99 Recvd By Region Project Type lot fill County Carteret County2 Region Wilmington Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. in 59 18 F__ O Y O N ? 20-36-0.5 -F-F30,503 . F__ F_ F- Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? Q Y O N Did you request more info? Q Y O N Have Project Changes/Conditions Been Discussed With Applicant? Q Y 0 N Is Mitigation required? p Y O N Recommendation: Q Issue 0 Issue/fond O Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: This development has previous impacts of .01 AC for a road crossing. This perticular lot (#4) does not have enough buildable uplands. The impacts to the drainagPway is only 60' . There may be cc: Regional Office Central Office Page Number 1 Facility Name Thomas Faulkner County Carteret Project Number 99 1069 Regional Contact: Date: Comments (continued from page 1): J. Steenhuis 11/17/99 cc: Regional Office Central Office Page Number 2 d? 10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: p .0 $ EXCAVATION: FLOODING: OTHER: DRAINAGE: TOTAL ACRES TO BE IMPACTED D. OS 10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION) : LENGTH BEFORE: - T AFTER: FT WIDTH BEFORE (based on normal high water contours): FT WIDTH AFTER: AVERAGE DEPTH BEFORE: FT AFTER: FT (2) STREAM CHANNEL IMPACTS 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 7S PROPOSED, WHAT IS THE SIZE OF THE ?N WATERSHED DRAINING TO THE POND? WHAT 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): (209 NleC 1 1 CUC.VEYZ 5 CRO 5'T#?? GO?w?DS ODD B•(ac - We7r ND Cc--r %12 A12e'R QND ;='f (_L Wl-rkk SU IT1AG(_1E SOtL '?rn2 44 o u SE 'Fo uAz>jcmoN 13. PURPOSE OF PROPOSED WORK: EpjgQIE LOT f=m C01-4SV7*ZVC"0N O C= 1'D ?'oJ?t"ti? L k4ou Sc- 3 f .-06 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS): W e-m- aN D 142L? t S La c A?i A A Lt20S5 ?i2o r1? © F LO-c At'ly t fA L.o c_\gk'l lON ©r- R(20'py.SL-p fro (9S t? 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 BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: ?9' z0!, 19R9 (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: ??r Z9 , (9 9 9 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES [I NO F 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 ( J NO [ J b. IF YES, HAS THE DOCUMENT BEEN REVIEWED.THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE? YES [J 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 (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? 1PMTM A (- f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? 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 T1P-- TT+-NTY 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. OWNER' ANT'SSIGNATURE E(AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED (18g.)) 5 PT a9' 19 9 DATE Tom{ • V ?\ ? / / . t V' NC HWY 24 TO M.H.CITY \ \ 0v 0 b / CAMP MOREHEAD DRIVE \ ss9 `?? ` I LOT NO.4 "0g 4. -4 * `QQ ,S ' / r 6 , 98 socuE souND ?9DD? !stg ?.? , , R r' VICINITY MAP (NO SCALE) -9c9 4 \ -o..`S?6`y 9. ?4s?- 255. (X?' N r 16.7.3 EXISTING CULVERTS ? TO BE JOINED 0.08-Ac WETLAND AREA o? O r\ TO BE FILLED A\ sb G?j CL t 04,4S M4 S `r r? y ` o h r? A Q) SCALE: 1" = 50' NATIONWIDE PERMIT NO. 18 Z FOR THOMAS H. FAULKNER P.O.. BOX 1673 BLOWING ROCK, NC 28605 CHARLIE HOLLIS Regulatory Consultant 138 Green Forest Drive Wilmington, NC 28409 Phone/FAX 910-392-6833 September 29, 1999 Project: Nationwide Permit No. 18 Minor Fill (<1/10a` Acre); Mr. Thomas H. Faulkner Lot 4, The Village at Camp Morehead by The Sea Carteret County, N.C. Mr. John R. Dorney North Carolina Department of Environment, Health and Natural Resources PAY rn ! T Division of Water Quality p 1 L ?? 99 4401 Reedy Creek Road ! 1,EC,1 1 it D Raleigh, NC 27607 Dear Mr. Dorney: Enclosed are seven copies of a Pre-Construction Notification Application for the above-cited project. Enclosed also is a check in the amount of $200.00 for the Water Quality Certification fee. n r , c Charlie Hollis Encls: Application (7 cys) Check No. 2815 Cy: Joann Steenhuis f