20010599 Ver 1_COMPLETE FILE_20010418

? wA7? Michael F. Easley, Governor
O R William G. Ross Jr., Secretary
?O? QG North Carolina Department of Environment and Natural Resources
Uj n? Gregory J. Thorpe, Ph.D.
'v} Acting Director
Division of Water Quality
March 5, 2002
CERTIFIED MAIL -RETURN RECEIPT REQUESTED
Oscar Norris
EFN&HLLPTH
P.O. Box 1249
Carolina Beach, NC 28428
Re: DWQ # 010599
Brunswick County
Dear Mr. Norris:
On September 1, 2000, the Division of Water Quality wrote to you concerning your plans to impact 0.16 acres of
wetlands in order to construct the Marsh Bay Subdivision in Brunswick County. This letter informed you that the project
was incomplete and was being placed on hold until the additional information outlined in the letter was supplied. To date,
we have not received this additional information. Unless we hear from you in writing within 3 weeks of the receipt of this
letter, we will consider that you no longer want to pursue this project and we will retire the file and consider the application
as withdrawn. Please be aware that reapplication for this project will require a Certification fee and new applications.
Please call Mr. Mike Horan of my staff at 919-733-3574 if you would like to discuss this matter.
Sincerely yours,
/9John Dorney
Wetlands/401 Unit Supervisor
Cc: File copy
Central files
Wilmington DWO Regional Office
Wilmington Field Office US Army Corps of Engineers
N. C. Division of .Vater Quality 1617 Mail Service Center . Raleigh, NC 27699-1617 [phone]
?Q
7DENR
Customer Service
1 800 623-7748
OF W ATFR Michael F. Easley
?O? QG Governor
r William G. Ross, Jr., Secretary
Wa y Department of Environment and Natural Resources
O Kerr T. Stevens
Division of Water Quality
June 7, 2001
Brunswick County
DWQ Project No. 01-0599
Oscar Norris
EFN&H LLPTH
P.O. Box 1249
Carolina Beach, NC, 28428
Dear Mr. Norris:
On April 18, 2001, the NC Division of Water Quality (DWQ) received your application for a 401 Water Quality
Certification to impact 0.16 acre of wetlands in order to construct the Marsh Bay Subdivision in Brunswick County. In
accordance with 15A NCAC 2H .0506, a thorough inspection of the site has been conducted by Ms. Joanne Steenhuis of
the DWQ Wilmington Regional Office. Based on this review, along with your application materials, we have determined that
insufficient evidence has been provided to conclude that your project must be built as planned. Ms. Steenhuis noted that
the wetlands in question are in fact a small tributary, and that the units could be set further back or closer to the front of the
lots in order to avoid the proposed impacts. Specifically, please investigate whether the following avoidance measures can
be taken:
• Lot 41 by Harbor Ridge Dr. - could be placed closer to harbor Ridge Dr. and avoid impacts altogether;
• Lot 45 could have the unit moved to the back of the property and all that would be necessary is a road crossing;
• Lot #4 could have the unit moved towards Sunset Harbor and with a road crossing in the back to access the back
yard;
• Lot #3 same as lot #4;
• Lot #1 The unit could be moved towards the back of the lot and would minimize wetland impacts.
Unless modifications of the proposal are made, or compelling evidence is provided to demonstrate the avoidance and
minimization of wetland impacts, we will move toward denial of the 401 Certification as required in 15A NCAC 2H .0507(e).
Until the information requested in this letter is provided, I will request (by copy of this letter) that the Corps of Engineers
place this project on hold. Also, this project will be placed on hold for our processing due to incomplete information (15A
NCAC 2H .0507(h)).
Thank you for your attention. If you have any questions, please contact Joanne Steenhuis at [phone] or Cyndi
Karoly at [phone].
Sincerely,
0?? , P
/"'John Dorney
cc: Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
File Copy
Central Files
Paul Farley, P.O. Box 2522, Wilmington, NC, 28402
010599
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
non 700 4700 /..L.......\ !14!1 700 COnO /f....\ L.w...//1.0......--- -..../.........q... A. I
MEMORANDUM
TO: John Dorney Regional Contact: Joanne Steenhuis
Non-Discharge Branch WQ Supervisor: Rick Shiver
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Marsh Bay Subdivision c/o EFN&H LLPTH County Brunswick
Project Number 01 0599 County2
Recvd From APP Region Wilmington
Received Date 4/13/01 Recvd By Region
Project Type subdivision
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. +?i-i' ?ilf'++?-???
39 OTH F7_0 N F__15-25-1-18 F_c -SWFIQW 30,759. 0.16
?? O Y O N ??????F_
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y 0 N Recommendation: 0 Issue 0 Issue/Cond @ Deny
Provided by Region: Latitude (ddmmss) 335825
Comments:
Longitude (ddmmss) 781206
cc: Regional Office
Central Office Page Number 1
0110599
DHH ID: CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): 39
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
d 2001
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: EFN&H LLPTH attn: Oscar Norris
2. MAILING ADDRESS: P.O. Box 1249
Carolina Beach NC 28428
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING
ADDRESS ABOVE): Marsh Bay Subdivison on Sunset Harbor Road in Brunswick County, North
Carolina
3. TELEPHONE NUMBER (HOME): (WORK): 910-458-7178
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE
NUMBER: Paul Farley Land Management Group Inc P.O. Box 2522, Wilmington, NC 28402 910452-
0001
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR
AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Brunswick NEAREST TOWN OR CITY: Supply
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
Tract is located on the south side ofSunset Harbor Road approximatelv 1.1 miles east of the
intersection of Sunset Harbor and Zion Hill Roads in Brunswick County North Carolina
6. IMPACTED OR NEAREST STREAM/RIVER: Mill Creek RIVER BASIN: Lumber
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIEDAS TROUT, TIDAL SALTWATER (SA), HIGH QUALITY
WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY (WS-I OR WS-II)?YES
[x] NO[ ] IF YES, EXPLAIN: Mill Creek is HQW east of Sunset Harbor Road
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? Area of Town and Village Clusters
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY?
YES[] NO [x] IF YES, PROVIDE ACTION ID NUMBER OF PREVIOUS PERMIT AND ADDITIONAL
INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION):
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES [ ]
NO [x ]
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND 50
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 12
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: 0.16 EXCAVATION:
FLOODING: OTHER:
DRAINAGE: TOTAL ACRES TO BE IMPACTED: 0.16
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE
DISTANCE BOTH BEFORE AND AFTER RELOCATION): N/A
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE VvO?T?55Npp
DRAINING TO THE POND? N/A
WHAT IS THE EXPECTED POND SURFACE AREA? N/A
12. DESCRIPTION OF PROPOSED WORK INCLUPING pISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED (ATTAGHpp P?ANS: V'1/2" X 11" DRAWINGS ONLY):
Fill is necessary to co I to u house pads in Marsh Bay North and one house ad in Mars
South. All work will be comole Bd to 66ceptable_building specifications.
13. PURPOSE OF PROPOSED WORK: To allow for completion of five homesites
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS):
Fill is needed to complete the site plan as presented All lots have been platted applicant has
attempted to minimize fill in each lot In Marsh Bay North Lot 1 requires 745.87 ft2 of fill, lot 2 45.71 ftZ, lot
3 1287.9 ft2 Lot 4 1893 ft2 and Lot 5 2119.0 ft2 Lot 1 in Marsh Bay South requires 908.81 ft2 of fill.
Each lot is less than half of the 0.10 acre available in the NWP 18. The applicant wishes to complete all fill
in one application
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 USFWS per their request. Mailed
application package to NMFS along with this application
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: Mailed application package along with this application
17. DOES THE PROJECT INVOLVEAN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE)
LAND?
YES [ ] NO [x] (IF NO, GO TO 18)
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, undeveloped
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? On-site septic systems
designed to state and county specifications.
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.
OWNER'S/AGENT'S SIGNATURE
(AGENTS SIGNATURE VALID ONLY IF
AUTHORIZATION LETTER FROM THE
OWNER IS PROVIDED (189.))
32Z.? of
DATE
Paul M. Farley
Wetland Scientist
Land Management Group, Inc.
I/We, the undersigned, hearby authorize Land Management Group, Inc. as agents for
404 wetlands permit work on the tract known as Marsh Bay Subdivision, located in
Brunswick, North Carolina. Land Management Group, Inc. should be contacted with
any questions regarding this permit application.
Signed
Date An I
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Marsh Bay Subdivision
Brunswick County, NC
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Environmental Consultants
Wilmington, N.C.
March 2001
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Brunswick County, NC
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Wilmington, N.C.
March 2001
Previous subdivision
siteplan showing
wetland survey
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1000 2000 4000
SCALE 1" = 2000'
Marsh Ba Subdivision Land Management Group, Inc. U.S.G.S. Topo Map
Bay Environmental Consultants
Brunswick County, NC Wilmington, N.C. Lockwoods Folly Quad
March 2001

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1000 2000 4000
SCALE 1" = 2000'
Marsh Bay Subdivision
Brunswick County, NC
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Environmental Consultants
Wilmington, N.C.
March 2001
R.C.S.
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March 20, 2001
Mr. Allen Davis
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402
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PAYMENT
RECEIVED

RE: NWP 39 Request
Marsh Bay Subdivision
Dear Allen: 01J G
I have enclosed a NWP 39 for EFN&H LLPTH which proposes to impactl?.acres of wetlands
at the Marsh Bay Subdivision in Brunswick County, North Carolina. Since all lots have been planted, the
applicant wishes to make all lots buildable with one application rather than with six NWP 18 applications.
Thank you for your assistance in this matter, if you have questions, please contact me.
Sincerely:
Paul M. Farley
Wetland Scientist
cc: Mr. Oscar Norris EFN&H LLPTH
Ms. Stephanie Norris - Spaulding and Norris
Mr. John Domey - NC DWQ (with seven copies of package)
Ms. Joanne Steenhuis - NC DWQ
Ms. Janet Russell - NC DCM
Ms. Renee Gledhill-Earley - SHPO
National Marine Fisheries Service
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March 20, 2001
Mr. Allen Davis
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402
RE: NWP 39 Request
Marsh Bay Subdivision
Dear Allen:
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I have enclosed a NWP 39 for EFN&H LLPTH which proposes to impact 0.016 acres of wetlands
at the Marsh Bay Subdivision in Brunswick County, North Carolina. Since all lots have been planted, the
applicant wishes to make all lots buildable with one application rather than with six NWP 18 applications.
Thank you for your assistance in this matter, if you have questions, please contact me.
Sincerely:
Paul M. Farley
Wetland Scientist
cc: Mr. Oscar Norris EFN&H LLPTH
Ms. Stephanie Norris - Spaulding and Norris
Mr. John Dorney - NC DWQ (with seven copies of package)
Ms. Joanne Steenhuis - NC DWQ M
Ms. Janet Russell - NC DCM n
Ms. Renee Gledhill-Earley - SHPO
National Marine Fisheries Service ro