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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 Central Files c tG CD CD V 0 C) C) i.0 C) 0 C j.W V V V C 00 ON ^ 1..+ N ? C M ^ t O ir+ O y? CD x V Sy o ?r• CD 4rD r r ? CID . z :0 0 0 0 0 0 d d 0 0 CD CD x x p ? I 0 0 G CD CD cn 0 -4t, m O c~11 C~Ji N Ch e lJ O O O O ?D d A? fD d CN ON 01% 01 O Q1 O O O O O d N N N N N ? c? b 0 N O O 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 ass ism.-Jr---- eam length iinpedad c'v==?nir -ffzam e,E.f e- d=?tri"ir i and distance to blue-line surface waters on USGW topo maps c?/avcidance issues C lxirier P.Ues (Nesa, Tar-Pamilco, Catawba, Randleman) C Pond M - C Cori F,--;mss ?kCLW\- 1 I* C,?F S vw -1 ism C Are t"r•.e s- ?? an-0 or we+tand mitigation sites available and viable? Q C chef &2-4,r%ras for accuracy - - _ = 1 p l Cam CI is the app-=abon -tent with pre-application meetings? ?f C Wx;am,.'-?e-.L<-.???c_:. Arn EE l?z ?--•;,s_ _•r'?_- s+; `_- .off - =--t-.,.'?'•'- f '+bew`.?---•..-y- ?•°.. s'. it .: J -+•r ors'.- >r--,..•i''T•, -'- '}?•-'y-1?.e?- -s?`s?_?:???'???s.?..?Sca•Y?.. ??•?Y-• ??teii. ?.'?••? y>" ?-=.-.?`=asa<._._1, - _: +.?. r i.a?'?v_l: - 1. '-r•.-? - '•T t?aw_ -?"?•r.?y: •:ti.c .ice`., '°??.• . .. _ _ a .: --?7'?="`? _ _ = r?"-?= -sue- +s's?`Y` ???.s y-?-x ?`"--?+'y ? ` -? ao •...._ -'?_ ,??.,?"ir? r ?v?_yt-?.- ?-??r?."ei'4'4i?'°?'a°°"r?r??*c"?. •,?,-?'r '°e_e?`"'?_ ?c..a??!'yl =.x+i1!cF•c?:.?ce..ra'?'•.c _... j: _ „c? ? _ xr so•. T -?.,^ t: -- '.,??..?.-.7'???.KGki•??i--v??? ^?? 3???? - t, -- K.?.a -S.''. - ......-.-r•• X,e• •e4` "'?.: ' - _ -.: ti r..?-.? _ s?. w-+l-• +? ".?t.?.• ??y ?.R?i::'--r'-. =z-3....-c+?.rr- y' - - - -3 %?ri?'??.-r_'..:.r•?,;a?.? raa??a•. •.3cj- - :: `?? a -:?..?+ - .-._. ?,, _?'"'s =e'•"'C-?n' ".? ?"J, t-?-'^-???''? '3?"- - ? t r???=yam ?+t-,: 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: L ND W11-S - LDeAAL PCX Ir wtt-? j?1ML"rc*n'' Foi¢ a ? CW-NcX Ca/ViTfZu -TIa/V ??AlD CArn?4 t3F QMI.J161 ??rz tyw PI /Z 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 16111.1 O_PLWt.L'D Per iA2JD12h- /oo' rAI=-0Qv A c. S 3M gssu,Q F aG,a1NST- ?Gn/D1MG 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 "'scow,,-- HI d O a Cq oW a? aW z `KAAI6 3 ? i? w A r - 1 Vt='1 O W ee ? . j? S r S .x ' I S r ?i r 1E x = ' .i # ti ?iT ? V o • ? _!? Si ? t-? ill t d OW o Ads o a a3? 11 s' A BE ACS ROAD • SIGSwAY 421(CAROLIN U.S. z 0 a zE DC A v M F E+ W aw ° \ F+ ?? a3 o CD ? m " - fJD co m x W? AW d" A? a i-1 J Q O S? NQ J a 3 lY O o? a? OV a0 ?w a 0 ? ? t^ o O w ?z ?ww?o Z O A wOaF-4 z z M 44 AOOEa"'? a ??AN 0 w u 0 z 0 d O a 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. ?... ,?, ??.D? „Q ? . U?.S.,. Sl ? (.. CIAIa-C LI IYl4 RCrrC+1 P0 a ?kyfpD.. ??7?.H dDfz-rl1 aP TNC?T wie rCl? SvI3DrvisirJn! ... ...r../..-............../..?.... .................. ?LJ rig' ND V &)rZ C_D v ?y'Q-vl ?r)&JA L , O)a E-C, 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 WCVNE