HomeMy WebLinkAbout20020535 Ver 1_COMPLETE FILE_20020408F W A TF Michael F. Easley, Governor
\O?0 ?QG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
r Gregory J. Thorpe, Ph.D.
3 Acting Director
a ?C' Division of Water Quality
May 20, 2002
Dr. Timothy L. Chase
234 Inlet Point Drive
Wilmington, NC 28409
SUBJECT: Approval of 401 Water Quality and Additional
Conditions
7181 Carolina Beach Road
DWQ Project # 020535
New Hanover County
Dear Dr. Chase:
You have our approval, in accordance with the attached conditions (WQC # 3375) to conduct the following activity on
your 10.5 acre tract located at 7181 Carolina Beach Road in New Hanover County. This approval allows you to:
1). Fill 0.15 acre of wetland for an access road into your property off Carolina Beach Road;
2). Fill 34 square feet of wetland for an access road into your property from Inlet Watch.
This approval is only valid for the purpose and design that you described in your Pre-Construction Notification (PCN)
application received by the Division of Water Quality (DWQ) dated April 3, 2002 and the additional information letter
dated May 13, 2002. After reviewing your application, we have determined that General Water Quality Certification
Number 3375 covers this activity. These Certifications can also be found on line at:
http://h2o.enr.state.nc.us/ncwetlands/certs.html. These Certifications allows you to use your 404 Permit (NW 14) when
the Corps of Engineers issues it. Please keep in mind that there may be additional Federal, State or Local regulations
applicable to your project, such as (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply
Watershed regulations and Coastal Stormwater. In addition, this approval will expire when the accompanying 404 Permit
expires unless otherwise specified in the General Certification.
Please understand that if you change or modify your project, you must notify the Division (DWQ) in writing
and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be
given a copy of the Certifications 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). For this approval to be valid, you must follow the conditions listed in the attached
certifications and the additional conditions listed below:
1). Placement of at least 4 culverts must be located in the 0.15 acre crossing site.. The culverts must be placed
below the elevation of the streambed to allow low flow passage of water and aquatic life:
2). The remaining wetlands need to be placed in a deed notification or conservation easement of some type. A
sample deed notification is located on our website at http://h2o.enr.state.nc.us/ncwetlands/download.html.
Please provide this Office with a copy of these documents after they have been recorded.
3). The attached Certificate of Completion (COC) must be submitted to the Division upon final construction
of the site.
NCDENR
Ex127 Cardinal Drive t., Wilmington, NC 28405-3845 Telephone (910) 395-3900 FAX (910) 350-2004
An Equal Opportunity Affirmative Action Employer
Page Two
Dr. TimothyL. Chase
May 20, 2002
Please read the attached conditions. 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 conforming to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding
unless you ask for a hearing.
This letter completes the review of the DWQ Permit # 020535 under Section 401 of the Clean Water Act. If you have
any questions, please telephone Joanne Steenhuis or Rick Shiver at 910-395-3900.
Sincerely,
Gregory J. Thorpe, Ph.D.
Acting Director, Division of Water Quality
Attachments: GC # 3375
Certificate of Completion
cc: Corps of Engineers Wilmington Field Office - Angie Pennock
WiRO
401 Wetland Unit, Central Office - Cyndi Karoly
Regulatory Consultant - Charlie Hollis
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Triage Check List
Date:
To: ?RRO Steve Mitchell Project Name 7i 0-&% 4Z_
?FRO Ken Averitte
? DWO Proj ct Number
WaRO Deborah Sawyer County os 1
19;4RO Joanne Steenhuis
EMSRO Jennifer Frye
LRO Mice Parker
?MRO PE.e Cotwe!
From: _ Telephone 9191 733-
The fir- ached is beino forwarded to you for your evaluation. Please call if you need
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FGLE COPY
Office Use Only:
USACE Action ID No.
Processing '"
r ?r. r
1. Ch k all of the approval(s) requested for this project:
A
Section 404 Permit ,? ass
? Section 10 Permit 7401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: /y
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
i?, /- r .`R `n: --
I.
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
H. Applicant Information
1. Owner/Applicant Information
Name:
Mailing.Address: 2
t Ll I At Rlr M_ Al n 7 JM
Telephone Number:
E-mail Address:
Form Version October 2001
DWQ No. 02 t Q c
Fax Number:
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority or the owner/applicant.)
Name: IfA f'?,c-t E K01-1.1s
Company Affiliation:
Mailing Address.- 3 $ C? tR ¢-w *Fb re L= CT die t V E
Telephone Number: g 10 - 3 Q 2 -G$33 Fax Number: !{ 1 O - 3°rZ -
E-mail Address:_ c L hall1 s M M s n. C-0 m
Page 5 of 12
10. Describe the Rpose of the proposed work:
11. List the type of equipment to be used to construct the project:
12. Describe the land use in the vicinity of this project:
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications'or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application:
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wtt-? j?1ML"rc*n'' Foi¢ a ? CW-NcX Ca/ViTfZu -TIa/V
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VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 7 of 12
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
indicate ma
Type of Impact* Area of
Impact
acres
Name of Waterbody Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.
/u
LASS Caen unpact separatery and Identity temporary unpacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation
N/P If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be.created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
11119I Mum QUAD wIo7:14 IS 2120POSSD •utn ROAD is La&ATED
1R Le N r, MOST A/A 12 Q 0 &_,% pow"ON op vJ A-r- o Ams , C& LvErtr v
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VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 9 of 12
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ? No I?(
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above: All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Require ents), or other (please identify )?
Yes ? No V If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet Multiplier Required
Mitigation
1 3
2 1.5
Total
?•??=u? Yciyoiiuicuiar from near Danz of cnannel; Gone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 11 of 12
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CHARLIE HOLLIS
Regulatory Consultant
138 Green Forest Drive
Wilmington, NC 28409
Phone/FAX 910-392-6833
April 3, 2002
i
Project: Nationwide Permit No. 14
Private Road to Chase Residence; Dr. Timothy L. Chase
East side of Carolina Beach Road
New Hanover County, N.C.
Corps Action ID (Delineation) 2002005850 2 0 5 3 5
Mr. John R. Dorney
North Carolina Division of Water Quality
Wetlands/401 Unit
1621 Mail Service Center
Raleigh, NC 27669-1621
Dear Mr. Dorney:
APR 8 2002
Enclosed are seven copies of a Pre-Construction Notification Application for the above-cited project.
Enclosed also is a check in the amount of $200.00 for the Water Quality Certification fee.
inc e ,
Charlie Hollis
Encls: Application (7 cys)
Check
Cy: Joanne Steenhuis
Dr. Chase
TO WHOM IT MAY CONCERN:
This is to authorize Charlie Hollis to act in my (our) behalf in preparing docurh
drawings, forms, and other items as may be necessary to secure Federal and/or °fr?%3,,!?, '
permits for the project identified below.
Project Name::.....!?t!?? ..!? Q .To ............
SE 1 as t r->&-)Q GL' 0 (,! c
............. .................................. ...
Location: ......44$?T.. S. ?...
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Signed:...... ....... ........................
Date:.. .3. Za?.-Z - ..................
WV A P x- Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
f Gregory J. Thorpe, Ph.D.
> Acting Director
p Division of Water Quality
May 42 2002
CERTIFIED MAIL: 7002 0460 0000 4340 3924
RETURN RECEIPT REQUESTED
Dr. Timothy L. Chase
234 Inlet Point Drive
Wilmington, NC 28409
SUBJECT: PROJECT ON HOLD FOR
ADDITIONAL INFORMATION ON
SECOND ROAD CROSSING IMPACTING
WETLANDS
7181 Carolina Beach Rd.
DWQ PROJECT # 020535
NEW HANOVER COUNTY
Dear Dr. Chase:
This Office has reviewed your application and has conducted a site visit and is placing your project on hold until
we receive the following additional information:
1) An overall site plan that shows avoidance and minimization for wetland impacts for the
second road crossing into Inlet Watch. (Why is the second crossing necessary with respect to
impacts to wetlands?)
2) Restrictive covenants are to be placed on remaining wetlands. A sample deed notification is
located on our website at http:Hh2o.enr.state.nc.us/ncwet]ands/download.htmi.
es and within three weeks of the date of this letter by sending a copy of the information to myself and to
eigh Wetlands Unit (919) 733-9721. If we do not hear from you within three weeks, we will assume
;er want to pursue this project and we will consider the project as withdrawn. If you have any questions,
to call me at (910) 395-3900.
Sincerely,
?n
Joanne Steenhuis
-? Environmental Specialist III
cc: Cyndi Karoly -Wetlands Group
Charlie Hollis - Regulatory Consultant
Angie Pennock - Corps of Engineers Wilmington
WiRO
127 Cardinal Drive Ext., Wilmington, NC 28405-3845 Telephone (910) 395-3900 FAX (910) 350-2004
An Equal Opportunity Affirmative Action Employer
A&M
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