20021538 Ver 1_COMPLETE FILE_20020923

MEMORANDUM
TO: John Dorney Regional Contact: Noelle Lutheran
Non-Discharge Branch WQ Supervisor: B Shiver
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Joseph R. Lewis County New Hanover
Project Number 02 1538 County2
Recvd From APP Region Wilmington
Received Date 9/23/02 Recvd By Region
Project Type road access
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet -
Type Type Impact Score Index Prim. Supp. Basin Req. 'Req.
14 OTH FT-ON F- 18-87-(31) SA ? 30,624. 0.33 ?-
¦
Mitigation Wetland"
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? O Y ON Did you request more info? O Y ON
Have Project Changes/Conditions Been Discussed With Applicant? O Y O N
Is Mitigation required? O Y O N Recommendation: OQ Issue O Issue/Cond O Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments: ,
This office has no objection to the project as proposed provided sedimentation and erosion control
measures are installed and maintained.
The 401 Certification was issued on 11 /07/02,
cc: Regional Office
Central Office Page Number 1
Triage Check List
Date: °? ZS bZ
Project Name: L e%% >„
DWQ#: OZ 153A
County: tJety kAc*-*-4er
To:
? ARO Mike Parker
? FRO Ken Averitte
? MRO Mike Parker
? RRO Steve Mitchell
? WaRO
?WiRO
? WSRO
Deborah Sawyer
J
Jennifer Frye
?ke l?lo?a?
From:
Telephone : (919) 133 - 3S +I °'
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
? Stream length impacted
Stream determination y ?
? Wetland determination and distance to blue-line surface waters on USFW topo maps
Minimization/avoidanceissues WhH cloes ik- ne.ed 1-0 be SV' w:de?
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
Xis the application consistent with pre-application meetings?
?"
? Cumulative impact concern
Comments:
002ASO "
CHARLIE HOLLIS
Regulatory Consultant
138 Green Forest Drive
Wilmington, NC 28409
Phone/FAX [phone]
September 22, 2002
Project: Nationwide Permit No. 14 and 401 Certification
Access Road for J.R. Lewis, St. Joseph Street
Carolina Beach, New Hanover County, N.C.
Mr. John Dorney
Water Quality Certification Program
N.C. Division of Water Quality
1650 Mail Service Center
Raleigh, NC 27699-1650
Dear Mr. Dorney:
.,?FCOPY
SEP z 3
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I am enclosing on behalf of Mr. Joseph R. Lewis, 7 copies of a Pre-Construction Notification for
the use of Nationwide Permit 14 by Mr.Lewis for the construction of an access road from St. Joseph Street
approximately 300 feet westward across wetlands to his additional high-ground property. This application
is also submitted in response to Corps of Engineers Action ID: 200200945 dated 10 July 2002 which
addressed Mr. Lewis' unauthorized placement of 0.063 acres of fill into the alignment of this proposed
road.
Enclosed is my check No. 3402 in the amount of $200 for the WQC Application fee.
Please contact me if you have questions or need additional information.
7r ,
c
Charlie o is
Encl: PCN
Check
Office Use Only:
USACE Action ID No.
No.
Form Version October 2001
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
1. 7section k all of the approval(s) requested for this project:
404 Permit
? ection 10 Permit
[401 1 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: J ?-{
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
II. Applicant Information ,
1. Owner/Applicant Information
Name: ?o-s,c-pt1 (:mow Cs
,Mailing.Address:_-13- (4 'S'-r- tss?c,?l ,??,r_ .
Telephone Number: 10 -q5Er - Fax Number:
E-mail Address: --
2. Agent Information (A signed and dated copy of thid"Agent Authorization letter must be
attached if the Agent has sign tory authori or the owner/applicant.)
Name:
tfAt'?t,t E o L? t S
Company Affiliation:
Mailing Address:. ... 111 $ ':onest. Die tVEr
- 1.1.. , .

Telephone Number: 9t) -
E-mail Address: eti.. {n.
Fax Number:- %p
c.o wt
Page 5 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans! If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project:_ Coss 20 N?D 1=CVQ U -.R,
R,
2. T.I.P. Project Number or State Project Number (NCDOT Only):_
,s
3. Property Identification Number (Tax PIN):
4. Location
County: /?lEw ?Qotlol/S2 Nearest Town:
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.):
i./. -.-- -
e , Z8-y za-
9
5. Site coordinates, if available (UTM or Lat/Long):
(Note - If project is linear, such as a road or utility line, attach a sheet !that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
Leto
7. Property size (acres): ox
8. Nearest body of water (stream/river/sound/ocean/lake): VAe wr
1.INA 13&)g cA
River Basin:- W
(Note - this must be one of North Carolina's seventeen designated m4ior river basins.
River Basin map is available at http://h2o.enr state nc us/admin/maus
Page 6 of 12
The

10. Describe the purpose of the proposed work: Pie ov (1?E 14 c c E-.55 QO A-D 1= 2 o vn
?-r. ---ue o fl t! CMnsTr- ? n --. . _ .- N - 1. - • • - - - --
11. List the type of equipment to be used to construct the project: nv cc k ?, ?o raD?zS_,
G Y;zA PesYZS
-12. Describe the land use in the vicinity of this project:"/ z> 4e7-m t% c_
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:
ONE M-nG/Pog7-6D
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
L Wetland Impacts
Wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
linear feet
Type of Wetland***
?wp

* i.ict each i--+
- - --- wrW »??•? w=u -1-11y Luny-ary unpacts. impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at hht p://www fema ems.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: Z , S?9c
Total area of wetland impact .proposed:__ O 3 *e-
2. Stream Impacts, including all intermittent and perennial streams
IA?onlF
Stream Impact
Site Number
indicate on ma
Type of Impact* Length of
Impact
linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)

List each impact s e aratel d 'd
p y an entity temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabiont , etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint folboth the original and relocated streams must be included.
k R Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
waves uses eov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com-
www.maoqu cr com etc.).
Cumulative impacts (linear distance in feet) to all streams on site:
Page 8 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 on ma
Type of Impact* Area of
Impact
acres Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.

l..,JL cacn unpact separately and idenary temporary impacts. impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
DAN E- 4. Pond Creation
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.
- Nr &n qr1n7'z Q cc s i8 L4 ?72dy i4?1 y?-
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 9of12
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment' are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
htti)://h2o.enr.state.nc.us/ncwetiands/stn-neide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much infonnation as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
c? /2?"a?lr?/?S!//1?G GJ NI?S W/L e T?? G
UiVOrsmte&-an
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be.notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. , For additional information regarding the application
process for the NCWRP, check the 14CWRP website at httn://h2o.enr,state.nc us/nUdfdex htm. If
use of the NCWRP is proposed, please check the appropriate box on 'page three and provide
the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Page 10 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 [a/`?
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 [phone] 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- fina approval letter..
Yes ? No Ea'
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 4n. 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
(Meuse), 15A NCAC 2B .0259 (Ta -Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Require s), or other. (please identify )?
Yes ? No 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* s nImact ape feet Multiplier Required
Mitigation
l 3
2 1.5
Total
c.uac i genus out Su feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 11 of 12
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
XI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface 'waters and wetlands
downstream from the property.
XII. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated frgqm the proposed project, or available capacity of the subject facility.
/Vo I vy t?+?r?uy- PLwiys &T tS d7`rtE-
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No ?
Is this an after-the-fact permit application? P19MY1 R c.Ly, , 7q em qz.c.. Ae&, vo= wa7L&N as
Yes ED' No ? WAs PR5Vc0vsc..y F'iL4_--0CibTK-e.: 2.75'3
& D Ropy WILL-
XIV. Other Circumstances (Optional): TIS Fre OPc-S
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Applican gent's Signature
(Agent's signature is valid only if authorization letter
l c>, ZUa z--
the applicant is provided.)
Page 12 of 12
TO WHOM IT MAY CONCERN:
This is to authorize Charlie Hollis to act in.my (our) behalf in preparing documents,
drawings, forms, and other items as may be necessary to secure Federal and/or state
permits for the project identified below.
Project Name: ../Q:5...?`'-O..'.4 . .........
.(2 ..(??t s ...................
Location:..", 5 t D? o? ??- tm
..............-r-Dt1- 13i?
N lk r- , 574- sp
.......................... ............
Signe ........
Date:'..
.q.-.?`?....v..? ..........................

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