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HomeMy WebLinkAbout20021665 Ver 1_Complete File_20021014\0?0F W bLn A r?gQc ? r April 15, 2003 Carteret County DWQ Project #: 02-1665 Project Name: Clearwater APPROVAL OF 401Quality Certification with ADDITIONAL CONDITIONS: REVISED Tom Bennett, Jr. 3100 Arendell Street Morehead City, NC 28557 Dear Mr. Bennett: You have our approval, in accordance with the attached conditions, to impact 0.17 acres of forested wetlands for the purpose of constructing a condominium complex off of Country Club Drive as you described in your application dated October 9, 2002 and a revision dated April 2, 2003. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3362, which may be viewed on our website at http://h2o.enr.state.nc.us/ncwetiands. This certification allows you to use General Permit Number 39 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 Watershed 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). This approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. An additional condition is that a final, written stormwater management plan shall be approved in writing by this Office before the impacts specified in this Certification occur per Condition No. 3 in GC No. 3362. The stormwater management plan must include plans and specifications for stormwater management facilities that are appropriate for surface waters classified as forested and designed to remove 85% TSS according to the most recent version of the NC DENR Stormwater Best Management Practices Manual. These facilities must be designed to treat the runoff from the entire project, unless otherwise explicitly approved by the Division of Water Quality. Also, before any permanent building is occupied at the subject Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality N. C. 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) (919) 733-1786 (phone), 919-733-6893 (fax), (hftp://h2o.enr.state.nc.us/ncwetiands site, the facilities (as approved by this Office) shall be constructed and operational, and the stormwater management plan (as approved by this Office) shall be implemented. The structural stormwater practices as approved by this Office as well as drainage patterns must be maintained in perpetuity. No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. A State Stormwater Permit (15 A NCAC 2H .1000) can be considered to meet this condition. 2. Upon completion of the project, the applicant shall complete and return the enclosed "Certification of Completion Form" to notify DWQ that all the work included in the 401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of Water Quality. 3. Deed notifications or similar mechanisms shall be placed on all 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 Dorney at 919-733-1786 or Joanne Steenhuis at our Wilmington Regional Office at 910-395-3900. Sincerely, Alan W. Klimek, P.E., Director JRD/bs Attachments cc: Corps of Engineers Wilmington Field Office Wilmington DWQ Regional Office File copy Central Files Kevin Kuhn, Stroud Engineering STROUD ENGINEERING, P.A. Hestron Plaza Two 151-A Hwy. 24 MOREHEAD CITY, NC 28557 (252) 247-7479 TO G?erz??,? s C?.v, 6P I aasz) PhAr-7&fll ?? Z74? °? - ?c.sa 4v?-i,j •?vrN U.IffumLn] OCR U M ° RI(c31'llv 044MIL DA I L 121 a z r3 3 JOB NO. N? AT H NI ION RI Warn S/ 4PP ?003 WE ARE SENDING YOU ? Attached I Under separate cover via V V'41 QU) I I I?? items: ? Shop drawings ? Prints ? Plans ? Samples I Spec9Ntions ? Copy of letter L I Change order I I COPIES DATF NO. OFSCRIPTION THESE ARE TRANSMITTED as checked below I I For approval I I Approved as submitted L l Resubmit copies for approval x For your use ? Approved as noted I 1 Submit copies for distribution Ll As requested I I Returned for corrections ? Return corrected prints I 1 For review and comment U l I FOR BIDS DUE I I PRINTS RETURNED AFTER LOAN TO US REMARKS _ ?? ???,Bo?_?V?Sq-LD?nJS COPY T077!17i - ? -' P71 ,le-_ SIGNED: If enclosures are not as noted, kindly notify us at once. STROUD ENGINEERING, P.A. CONSULTING ENGINEERS HESTRON PLAZA TWO 151-A HWY. 24 MOREHEAD CITY, NORTH CAROLINA 28557 (252) 247-7479 March 31, 2003 NCDENR Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 ATTN: John Dorney 4V 19A00F) /Jpp "oo Qllq01116cr%lu Re: Clearwater on Country Club Project Carteret County Project No: 02-1665 Dear Mr. Dorney, Per our telephone conversation on March 31, 2003, please find enclosed and updated information map and application for the proposed project. After the original submission of the 401 wetlands permit the developer had the wetlands re-surveyed. With the help of Mickey Sugg, of the Army Corps of Engineers, it was determined that the wetlands delineation line had decreased from the previous survey. As such, the total wetland impact areas have decreased from 0.2 acres to 0.17 acres. The project is still applying for a Nationwide #39 General Permit from the Army Corps of Engineers. If you need any additional information, please do not hesitate to call me. Sincerely, o'' Kevin L. Kuhn, P.E. CC: Tom Bennett File rte '<n?s ?.. lr,1 .,n +nd l•,`++. +.'f. 107 COMMERCE ST. HESTRON PLAZA TWO SUITE B 102-D CINEMA DRIVE 151-A HWY. 24 GREENVILLE, NC 27858 WILMINGTON, NC 28403 MOREHEAD CITY, NC 28557 (252) 756-9352 (910) 815-0775 (252) 247-7479 Office Use Only' Form Version May 2002 USACE Action ID No. DWQ No. _-L-_--_ - ItXT._. A_.. 1:.... 1- 1., n ... 11 KI/An1 (It any particular item is not appllcaoic W Lll lb to VJU"9 }JJ%,Qa. ".L1. i,vl I F11..v.. ..... ... ..... .. Processing WETLANDS/ 401 GROUP I. 1. Check all of the approval(s) requested for this project: APR 7 M03 ® Section 404 Permit ? Rip. atershed Buffer Rules ? Section 10 Permit El Isol %e0NPWQ ® 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide #39 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 (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? II. Applicant Information Owner/Applicant Information Name: Tom Bennett Jr. Mailing Address: 3100 Arendell St Morehead City, NC 28557 Telephone Number: (252) 726-2996 Fax Number: (252) 247-4411 E-mail Address: tom bennett@moreheadhotels.com 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Kevin L. Kuhn, P.E. Company Affiliation: Stroud Engineering, P.A. Mailing Address: 151-A Hwy 24 Morehead City, NC 28557 Telephone Number: (252) 247-7479 Fax Number: (252) 247-4098 E-mail Address: KkuhnAstroudengineer.com 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: Clearwater 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 636611655823 4. Location County: Carteret County Nearest Town: Morehead City Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): Take US 70 W to Morehead City Turn Left (N) onto Bridges St Turn Left onto Country Club Drive, Pass school on the Left, Site is on the Right side just past Camalia Court Development. 5. Site coordinates, if available (UTM or Lat/Long): Lat: N34d 44.11' Long: W76d 46.83' (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. Property size (acres): 4.83 Acres 7. Nearest body of water (stream/river/sound/ocean/lake): Newport River 8. River Basin: White Oak River Basin (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/mal)s/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Project site is wooded and undeveloped. Project is adjacent to a multi family residential development. Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: 39 unit, 2 and 3 bedroom condominiums with associated parking storm water ponds, and City water and sewer. 11. Explain the purpose of the proposed work: To develop lot into a multi family complex. 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. 401 permit & Nationwide permit #39 applied for on 10/09/02 401 permit issued on 10/24/02 DWQ Project # 02-1665 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. No future permit requests anticipated 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 1. Provide a written description of the proposed impacts: #1 Road crossing approximately 0.068 Ac #2 #3 and #4 Fill area approximately 0.1007 Ac 2. Individually list wetland impacts below: 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*** #1 Clearing & Fill 0.068 No 400' Stream Riparian #2 Clearing & Fill 0.096 No 400' Stream Riparian #3 Clearing & Fill 0.0007 No 400' Stream Riparian #4 Clearing & Fill 0.004 No 400' Stream Riparian * List each impact separately and identify temporary impacts. 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 http://www.fema.eov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: 2.33 Acres Total area of wetland impact proposed: 0.1687 Acres 3. Individually list all intermittent and perennial stream impacts below: 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) N/A * List each impact separately and identify 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, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** 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 www.uses.Qov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.toaozone.co n, www.niapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: Page 8 of 12 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: 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. N/A * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. 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.): Excavation Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Stormwater Requirement Size of watershed draining to pond: 2.26 Ac Total Expected pond surface area: 0.43 Ac Total 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. ---Road crossing, to reach higher ground, located and aligned to cause minimal impact. Overall site layout arranged to avoid and minimize impact. 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 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 http://h2o.enr.state.nc.us/ncwet] ands/strmgide.htm 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information 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. N/A 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/M/index.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): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A Page 10 of 12 IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ? No 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 (required by DWQ) 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 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), 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* Impact (square feet Multiplier Required Mitigation 1 3 2 1.5 Total Gone 1 extends out 30 teet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Page 1 1 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 (required by DWQ) 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. No existing impervious. Approximately 2.18 Ac impervious proposed, or 45% coverage. Proposed stormwater ponds for sediment removal, storm surge protection of downstream waters XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Sewer will be discharged to the Morehead City sewer system. XIII. Violations (required by DWQ) 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? Yes ? No XIV. Other Circumstances (Optional): 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). D ApplicM/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) 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Cad Z NATIONAL FLOOD INSURANCE PROGRAM FIRM FLOOD INSURANCE RATE MAP CARTERET COUNTY, NORTH CAROLINA (UNINCORPORATED AREAS) PANEL 682 OF 785 (SEE MAP INDEX FOR PANELS NOT PRINTED) COMMUNITY-PANEL NUMBER 370043 0682 C MAP REVISED: AUGUST 19, 1985 Federal Emergency Management Agency r. , rr Ir( /i /i rl ? Z-1 // I I // II ZONE C it II COUNTRY CLUB a \11? 5 X o ' RM 53 ?S HwY >0 11 ?\ WENUE 0 x m r r ? m ?o U1 A -1 A m m .a O A ZONE W? C m ro- m ?m S R 1196 n 4 n nV r/ c^ a? SR 1197 S i A ,D R?wgY R 119 f.Ij ROAD - L `I® i 't ?f L 'J. S mar t "-"fir 1 NATIONAL FLOOD INSURANCE PROGRAM I i FIRM FLOOD INSURANCE RATE MAP CARTERET COUNTY, NORTH CAROLINA (UNINCORPORATED AREAS) III I I II PANEL P681 EOF 785 NELS NOT PRINTED) COMMUNITY-PANEL NUMBER 370043 0681 C MAP REVISED: w?`4V O^N?r AUGUST 19, 1985 Federal Emergency Management Agency ' Certaii n ?+ 0000 O SM 4 01 ?ena M/a ,09 arob emO Aalgv ?? 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Klimek, P.E., Director 0 C Division of Water Quality October 24, 2002 Carteret County DWQ Project #: 02-1665 Project Name: Clearwater APPROVAL OF 401Quality Certification with ADDITIONAL CONDITIONS Tom Bennett, Jr. 3100 ArendelI Street Morehead City, NC 28557 Dear Mr. Bennett: You have our approval, in accordance with the attached conditions, to impact 0.20 acres of forested wetlands for the purpose of constructing a condominium complex off of Country Club Drive as you described in your application dated October 9, 2002. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3362, which may be viewed on our website at http://h2o.enr.state.nc.us/ncwetlands. This certification allows you to use General Permit Number 39 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 Watershed 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). This approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. An additional condition is that a final, written stormwater management plan shall be approved in writing by this Office before the impacts specified in this Certification occur per Condition No. 3 in GC No. 3362. The stormwater management plan must include plans and specifications for stormwater management facilities that are appropriate for surface waters classified as forested and designed to remove 85% TSS according to the most recent version of the NC DENR Stormwater Best Management Practices Manual. These facilities must be designed to treat the runoff from the entire project, unless otherwise explicitly approved by the Division of Water Quality. Also, before any permanent building is occupied at the subject site, the facilities (as approved by this Office) shall be constructed and operational, and the N. C. 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) (919) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands stormwater management plan (as approved by this Office) shall be implemented. The structural stormwater practices as approved by this Office as well as drainage patterns must be maintained in perpetuity. No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. A State Stormwater Permit (15 A NCAC 2H .1000) can be considered to meet this condition. 2. Upon completion of the project, the applicant shall complete and return the enclosed "Certification of Completion Form" to notify DWQ that all the work included in the 401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of Water Quality. Sincerely, 3. Deed notifications or similar mechanisms shall be placed on all 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 Dorney at 919-733-1786 or Joanne Steenhuis at our Wilmington Regional Office at 910-395-3900. JRD/bs Pn lime .E., Dire for Attachments cc: Corps of Engineers Wilmington Field Office Wilmington DWQ Regional Office File copy Central Files Kevin Kuhn, Stroud Engineering $$) /Written Stormwater Management Plan An additional condition is that a final, written stormwater management plan shall be approved in writing by this Office before the impacts specified in this Certification occur per Condition No. in GC No. . The stormwater management plan must include plans and specifications for stormwater management facilities that are appropriate for surface waters classified as and designed to remove 85% TSS according to the most recent version of the NC DENR Stormwater Best Management Practic"Venual. These facilities must be designed to treat the runoff from the entire proj t; unless otherwise explicitly approved by the Division of Water Quality. Also, bef any permanent building is occupied at the subject site, the facilities (as approved this Office) shall be constructed and operational, and the stormwater manag gent plan (as approved by this Office) shall be implemented. The structural stormwater practices as approved by this Office as well as drainage patterns must be maintained in perpetuity. No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. The .above conditioes all unless it is demonstrated V-mrr e jprpervious area of the entire, the prr ver ;6e io witrUtne pr(? m i-family, clubhouses, mai DU I areas, A State Stormwater Permit (15 A NCAC 2H .1000) can be considered to meet this condition. $$) Diffuse Flow (No Review) An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers and will not re- concentrate before discharging into the stream as identified within 15A NCAC 2B .02 (5). $$) Diffuse Flow (Review) An additional condition is that stormwater shall be directed to flow in a diffuse manner at non-erosive velocities through the entire protected stream buffers without re-concentrating. Additionally, a stormwater management plan for this project shall be provided to this Office before any of the impacts approved herein are conducted. The plan shall specify all stormwater discharge points, plan details, and calculations to indicate that diffuse flow through the protected buffers as described above will be achieved. $$) Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 /Wetlands Unit, STROUD ENGINEERING, P.A. Hestron Plaza Two 151-A Hwy. 24 MOREHEAD CITY, NC 28557 (252) 247-7479 TO ?j WE ARE SENDING YOU f? Attached 1.1 Under separate cove ? Shop drawings F I Prints ? 1 Copy of letter Cl Change order 17 COPIES DATE NO. DESCRIPTION [7 d O Z THESE ARE TRANSMITTED as checked below: ?I _ For approval /1.1 For your use [I As requested I 1 For review and comment I_I FOR BIDS DUE REMARKS I I PRINTS RETURNED AFTER LOAN TO US COPY TO J?Utl I-] Approved as submitted II Approved as noted I I Returned for corrections II I I Resubmit copies for approval F-1 Submit copies for distribution 1 1 Return corrected prints SIGNED: - -- - - -- ----- lf enclosures are not as noted, kindly notify us at once. +Y 1 ? Office Use Only: USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter I. Processing V 2 16 ersion May 2002 D 1. Check all of the approval(s) requested for this project: L ® Section 404 Permit ? Riparian ? Section 10 Permit ? Isolated-' ® 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested cle' r ON)W".t I our 11 i ?1uW *ffer Rules it from DWQ onwide #39 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 (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? II. Applicant Information 1. Owner/Applicant Information Name: Tom Bennett Jr. Mailing Address: 3100 ArendelI St Morehead City NC 28557 Telephone Number: (252) 726-2996 Fax Number: (252)247-4411 F,-mail Address: tom bennettgmoreheadhotels.com 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Kevin L. Kuhn P.E. Company Affiliation: Stroud Engineering P.A. Mailing Address: 151-A Hwy 24 Morehead City, NC 28557 Telephone Number: (•252) 247-7479 Fax Number: (252) 247-4098 E-mail Address: Kkuhnnstroudengineer.com Page 5 of 12 111. 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 frill-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: Clearwater 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 636611655823 4. Location County: Carteret County Nearest Town: Morehead City Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): Take US 70 W to Morehead City Turn Left (N) onto Bridges St., Turn Lett onto Country Club Drive, Pass school on the Left, Site is on the Ri hg t side 'lust past Camalia Court Development. 5. Site coordinates, if available (UTM or Lat/Long): Lat: N34d 44.11' Long: W76d 46.83' (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. Property size (acres): 4.83 Acres 7. Nearest body of water (stream/river/sound/ocean/lake): Newport River 8. River Basin: White Oak River Basin (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.ne.us/adinin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Project site is wooded and undeveloped. Project is adjacent to a single family residential development. Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: 39 unit 2 and 3 bedroom condominiums with associated parking storm water ponds, and City water and sewer. 11. Explain the purpose of the proposed work: To develop lot into a condominium complex. 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. No prior history known. 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. No future permit requests anticipated. 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 1. Provide a written description of the proposed impacts: Road crossing approximately. 60' x 40' Fill area approximately 0 14 Acres 2. Individually list wetland impacts below: 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*** III Clearing 0.14 No 400' Forested 81 Fill 0.14 No 400' Forested 1/2 Clearing 0.06 No 400' Forested #2 Fill 0.06 No 400' Forested 82 Drainage 0.03 No 400' Forested * List each impact separately and identity temporary impacts. 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 (FFMA) Flood Insurance Ratc 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 ht J/www fcmta ov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USAGE only). List the total acreage (estimated) of all existing wetlands on the property: 2.33 Acres Total area of wetland impact proposed: 0.20 Acres 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number (indicate on map) Type of Impact* _ Length of Impact linear feet Stream Name** Average Width of Stream Before Im act Perennial or Intermittent? (please specify) N/A * List each impact separately and identity 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 fleet belbre and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear Ibotprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. It' 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 IISGS at 1-800-358-9616, or online at wW W.us<ss.19v. Several internet sites also allow direct download and printing of USGS maps (e.g., _Nww to_po One.co n www_mape uest.conn, etc.). Cumulative impacts (linear distance in feet) to all streams on site: Page 8 of 12 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number (indicate on ma) * Type of Impact Area of Impact (acres) Name of Waterbody ? (if applicable) Type of Waterbody (lake, y, sound, pond, estuary, bay, ocean, etc.) N/A List each impact separately and identify temporary impacts. Impacts include, but are not linuted to: fill, excavation, dredging, Ilooding, drainage, bulkheads, etc. 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.): Excavation Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Stormwater Requirement Size of watershed draining to pond: 2.26 Ac Total Expected pond surface area: 0.43 Ac Total 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. Road crossing, to reach higher Around, located and alined to cause minimal imuact. Overall site layout arranged to avoid and minimize impact. V1II. 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 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)://li2o.enr.state.nc.tis/ticwctIands/strmgide.litml. Provide a brief description of the proposed mitigation plan. The description should provide as much information 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. N/A 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at llttp://h2o.enr.state.nc.Lis/wrp/index.litm. 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): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A Page 10 of 12 IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ? No ? 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 SE_,PA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) 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 tile 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 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), 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. I1' buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. 7_one* Impact (square feet Multiplier Required Mitigation 1 3 -- 2 1.5 Total * Zone I extends out 30 feet perpendicular from near bank of channel; /,one 2 extends an additional 20 feet from the edge of 7.one I. Page I I 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. N/A XI. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwatcr controls proposed in order to protect surface waters and wetlands downstream from the property. No existing impervious. Approximately 2.18 Ac impervious proposed, or 45% coverage. Proposed stormwater ponds for sediment removal, storm surge protection of downstream waters XI1. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Sewer will be discharged to the Morehead City sewer system. XI11. Violations (required by DWQ) 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? Yes ? No XIV. Other Circumstances (Optional): 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). caw_ /0 / grv z Applicant/Agents Signature bate (Agent's signature is valid only if an authorization letter from the applicant is provided.) 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Lo W co z cliz z A xA? p xxcv ? aaN E ??N 0 O Lij i m / -ZW - / <-cr Q?r In b S S?•B 00. e o, 10 Ati 44/ 2 / .. °0.0 e / 3b / S / \ ` ? \ S2.92H ? // W / l- / -4 L I f- / I I 30' A2"E 62.90 Q N / z (n f- / O 0- z w LL > ?a z 0 ui r W U Q 8Vy LL LO il cr tg osF ` wa?L _ l M, 6t.Sb.tlS -J V1 CO C- ID fn QZM _ ??- UJLLj N r Q ? mo f d so G? J O 00 North Carolina Wildlife Resources Commission 0 Charles R. Fullwood, Executive Director 1721 Mail Service Center Raleigh, North Carolina 27699-1721 Phone 919-733-3633 MEMORANDUM TO: John Dorney, Administrator 401/Wetlands Unit, Division of Water Quality NC Department of Environment and Natural Resources and Mickey Sugg Wilmington Regulatory Field Office US Army Corps of Engineers FROM: David McHenry NE Coastal Coordinator, Habitat Conservation Section NC Wildlife Resources Commission DATE: November 20, 2002 SUBJECT: Nationwide 39 application for Tom Bennett Jr., Clearwater on Country Club Subdivision, Carteret County. DWQ No. 021665 I.SSu Pro Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. A site visit was conducted on October 31, 2002. Our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et. seq.) and the Clean Water Act of 1977 (as amended). The applicant proposes construction of the Clearwater on Country Club Subdivision near Peletier Creek in Morehead City. The property is 4.83 acres, of which, 2.33 acres are estimated to be wetlands. Two impacts to a contiguous wetland area that bisects the property are proposed for the development. According to the application, impact area one includes clearing and filling of 0.14 acre for a proposed parking area, housing units, and undeveloped area. Impact area two includes clearing, filling, and drainage of 0.09 acre for a proposed road alignment to access the southern portion of the development. A total wetland impact of 0.20 acre is indicated in the application, but this figure does not account for the proposed 0.03 acre drainage for impact area two. The application does not specify impacts to any streams and no culverts are described for the road crossing. Although no streams are depicted on the appropriate NC Geological Survey topographic map, there is a defined stream channel that traverses the project site and wetland impact area number two in an east to west direction. The NC Division of Water Quality has already issued a 401 Water Quality Certification for this project. Although previously disturbed, the stream and forested wetlands found on the project site are beneficial to fish and wildlife and important for water quality protection. During the site visit, numerous unidentified fish were observed in the stream, which suggests that it is not ephemeral. The project site is dominated by a mature loblolly pine (Pinus taedcz) stand with a 404/401 - Bennett Page 2 November 20, 200, dense understory of shrub-scrub and wetland vegetation. A variety ol'small mammals, reptil amphibians, and birds use the wetlands on the project site. In addition to providing wildlife habitat, these wetlands retain and treat stormwater and associated pollutants that are transpor from the highly developed watershed to Peletier Creek and Bogue Sound. Fragmentation of wetlands from the proposed project will reduce their capacity to provide valuable habitat and pollutant control functions. As proposed, the project will have an unnecessary level of impact on fish and wildlife resources by degrading the wetlands and stream and their associated functions. The NCWR( actively discourages development proposals and activities with the potential to impact wetlar and degrade naturally functioning ecosystems. However, the NCWRC does view more favor any project alternative that avoids and minimizes its adverse impacts. Therefore, the NCWR will not oppose this project provided an appropriately sized culvert is placed under the propo road alignment to ensure that the stream and wetlands are not hydrologically isolated. The bottom of this culvert should be situated below the streambed. In addition, to the extent practical, wetland impact area one should be reduced in size south of housing unit C106 bec? it includes an area that will not require development. We appreciate the opportunity to comment on this permit application. If you need to discuss these comments please call David McHenry at (252) 946-6481 ext 345. cc: USFWS, Raleigh (Hall, H.) ec: NCWRC (Waters, C. - District 2) BENNECO, INC. MOREHEAD CITY. N.C. 28557 Vendor ID:NCDEPTENVtRN Vendor Name: N.C. DENR 10/09/02 Check #: 032295 Invoice Amount Amount Pai d Discou T f(r?Credits Taken Net Amount 2200.00 RECE(??D 0.00 200.00 Net Check Amt 200 00 CZ) li