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HomeMy WebLinkAbout19970892 Ver 1_Complete File_19971103November 3, 1997 MEMORANDUM TO: ,John Dorney FROM: Eric Fleek RE: Saponos Pointe Investments 1 ! 1Q u 0 I Based on a review of the available information, the WIRO recommends issuing the certification. The edge of the existing dirt road and the proposed width of the new road are essentially of the same dimension. Impacts are at .3 acres. MEMORANDUM PRINT NAMES: Reviewer: CO: JOHN DORNEY WQ SUPV.: , ENVIRONMENTAL SCIENCES BRANCH DATE: (% SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS **EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) PERMIT YR: 97 PERMIT NO: 0000892 COUNTY: NEW HANOVER APPLICANT NAME: SAPONOS POINTE INVESTMENTS PROJECT TYPE: ROAD IMPROVEMENT PERMIT TYPE: NW14 COE #: DOT #: RCD_ FROM _CDA: APP DATE_FRM_CDA: 10/20/97 REG OFFICE: WIRO ZIVER AND SUB BASIN #: 030624 STREAM-CLASS: SB WL_IMPACT ?:(�/N WL_REQUESTED: - 3 WL_SCORE M : on� MITIGATION?: Y/N (J V/ MITIGATION_SIZE: P18 STR INDEX N0: 18- 87 -31 -2 WL_TYPE :6Q -A-tl Mw4i WL_ACR_EST? : Y/N WATER WATER IMPACTED BY FILL ?: YCN) MITIGATION_TYPE kJA DID YOU REQUEST MORE INFO ?: Yom]' IS WETLAND RATING SHEET ATTACHED ?: Y N HAVE PROJECT CHANGES /CONDITIONS BEEN DISCUSSED WITH APPLICANT ?: Y/N RECOMMENDATION (Circle One): e ISSUE /COND DENY COMMENTS 2c: Regional Office Central Files DEM ID: Q t CORPS ACTION ID: NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT fl: PRE- CONSTRUCTION NOTIFICATION APPLICATION FOR.NATIONWIDE PERMITS THAT REQUIRE: 1) NOTIFICATION TO T8S CORPS OF ENGINSSRS 6i Z) APPLICATION FOR SECTION 401 CERTIFICATION %!!i; -, 3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT :END THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE �'yC 'IELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN 7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT SEE AGENCY ADDRESSES SHEET). PLEASE PRINT. OWNERS NAME: v c MAILING ADDRESS: "� �n4 i+/ 4 1 �!� . ✓J i� „. A G/ r Z' 11 9 z8 / SUBDIVISION NAME: 'ITY: /U041 L-r/o /ter” STATE: / ZIP CODE: y I Z 'ROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM AILING ADDRESS ABOVE) : .�J�t�..st� 1�P.,.i -�r`v� -,•k /l/ocuNtiL,� 4A4 J / . TELEPHONE NUMBER (HOME) : �/ 0 -0 `% 7 ( WORK) : 9 f0 I YX ; '40W-7 . IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, 'HONE NUMBER: .:5�"-e e- M,4r_ 61,,c.�.y P''3 - 4.x..,,11 1) ti / Cam-- v /,)v . LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC [AP OR AERIAL PHOTOGRAPHY WITH SCALE): -OUNTY : 1,r-,A NEAREST TOWN OR CITY: S' /� - ', i -4 LUG AGENCY APDRESSBS U.S. FISH AND WILDLIFE SERVICE t' RALEIGH FIELD OFFICE P.O. BOX 33726 RALEIGH, NC 27636 -3726 TELEPHONE (919) 856 -4520 NATIONAL MARINE FISHERIES SERVICE HABITAT CONSERVATION DIVISION PIVERS ISLAND BEAUFORT, NC 28516 TELEPHONE (919) 728 -5090 U.S. FISH AND WILDLIFE SERVICE -)e- ASHEVILLE FIELD OFFICE 160 ZILLICOA STREET ASHEVILLE, NC 28801 TELEPHONE (704) 665 -1195 HISTORIC RESOURCES: STATE HISTORIC PRESERVATION OFFICE N.C. DIVISION OF ARCHIVES AND'HISTORY 109 EAST JONES STREET RALEIGH, NC 27601 TELEPHONE (919) 733 -4763 STATE REGULATORY AGENCIES: MR. JOHN DORNEY DIVISION OF ENVIRONMENTAL MANAGEMENT NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 4401 REEDY CREEK ROAD RALEIGH, NC 27607 TELEPHONE (919) 733 -1786 RALEIGH REGULATORY FIELD OFFICE US ARMY CORPS OF ENGINEERS 6508,FALLS OF THE NEUSE ROAD SUITE 120 RALEIGH, NC 27615 TELEPHONE (919) 876 -8441 .ASHEVILLE REGULATORY FIELD OFFICE US ARMY CORPS OF ENGINEERS 151 PATTON AVENUE, ROOM 143 ASHEVILLE, NC 28801 -5006 TELEPHONE (704) 271 -4854 MR. STEVE BENTON DIVISION OF COASTAL MANAGEMENT NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES POST OFFICE BOX 27687 RALEIGH, NC 27611 TELEPHONE (919) 733 -2293 FAX (919) 733 -1495 WASHINGTON REGULATORY FIELD OFFICE US ARMY CORPS OF ENGINEERS POST OFFICE BOX 1000 WASHINGTON, NC 27889 -1000 TELEPHONE (919) 975 -1616 WILMINGTON REGULATORY FIELD OFFICE US ARMY CORPS OF ENGINEERS POST OFFICE BOX 1890 WILMINGTON, NC 28402 -1890 TELEPHONE (910) 251 -4511 SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): 6. IMPACTED OR NEAREST STREAM /RIVER: �--a- if RIVER BASIN: 7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY (WS-17 OR WS -II)? YES [ 1 NO [ ] IF YES, EXPLAIN: �d 7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES JX] NO [ 7C. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? 8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [ 1 NO W IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): 8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES [0] NO [ ] IF YES, DESCRIBE ANTICIPATED WORK: + go �` s if �► fi 9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: � s d 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: `-3 FILLING: EXCAVATION: FLOODING: OTHER: DRAINAGE: TOTAL ACRES TO BE IMPACTED: ± 10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER . RELOCATIOIN) LENGTH BEFORE: 1111A FT AFTER: FT WIDTH BEFORE (based on normal high water contours): FT, WIDTH AFTER: Fj AVERAGE DEPTH.BEFORE: FT AFTER: FT, (2) STREAM CHANNEL_IMCTS WILL, RESU4T FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: NIA PLACEMENT OF PIPE IN CHANNEL: CHANNEL EXCAVATION: CONSTRUCTION OF A DAM /FLOODING: OTHER: 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND? AIIA* WHAT IS THE EXPECTED POND SURFACE AREA? NIA 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS ONLY) : I I �a A- jell OF 13. PURPOSE OF PROPOSED WORK: '14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS): 1S. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND /OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL, HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: /'(A, tar' Cti,�i �-s �i � � r"'P /! cl ` o.-1 (ATTACH RESPONSES FROM THESE AGENCIES.) t' 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: r,," - �(! �'�fi o t• - :� /�'y � .Yrj .� / � S/'D+.,,Ltz r f. �4"''J' 17. DdtS THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES 0 NO A (IF NO, GO TO 18) a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF Alf ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? i YES C j NO L 1 b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE? YES [] NO (I IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM TfiE STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT. If QUESTIONS REGARDING THE STATE CLEARINGHOUSE - REVIEW PROCESS SHOULD BE DIRECTED TO MS. CHRIS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, 126 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003, TELEPHONE (919) 733 - -6369. 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS: l'p t, Gu-e,�j s V .A /--- 'v '" ( / � -a 'oz' ez - o�,vve,1 �.q✓ S d � 5,,,�,�s- 1 A.+ 3 %/�/t��'�"" S(&, e ,,4r�oe✓A a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LADS L AND PONDS ON THE PROPERTY.(FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE X� c- 141 PROPERTY W= BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS SO FEET OR 1 INCH EQUALS 100 FEET OR THEIR EQUIVALENT. s %'S b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BEi�/ IMPACTED BY PROJECT. c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED. e. WHAT IS LAND USE OF SURROUNDING PROPERTY? £. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? /✓ /A g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO: Z) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, 2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND 3) (IN THE TWENTY COASTAL COUNTIES ONLY) , A LETTER FROM THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM. OWNER'S /AGENT'S SIGNATURE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED (18g.)) r 0 DATE f •p o stiff` °•� �� � � • i' . r .r+uo w Q `� - SITE LOCATION P �� � r - - imp• ►= "u / „a..•cosrc i ACCESS ROAD, BOAT BASIN, VICINITY MAP AND FLOATING DOCKS AT CAPE FEAR RIVER AND SNOWS CUT CAROLINA BEACH. NEW HANOVER CO.. N.C. BY SAPONAS POINTE INVESTMENTS. LLC. 803 CANAL DRIVE CAROLINA BEACH, N.C. DRAWN BY: Wm. H. WARREN, JR. OCTOBER 1997 SHEET OF N ona.• •- Y ..i'•i•l \`\ 1p \ ; \L� \ \`\\ .�1. \� •.•.•:. . .. ....•.'.•.•. .... •. .0. . . . . . . . . . . . . . . �j�''' ���''•, r�j` .�. :r.• ;i `\ \ \` ���.\ . . . . . . . . . . . . . . . . ;' .-. ..•��� SPILLWAY PIPE . . . . . . . . . . . . . . . . SPILLWAY PIPE _'��� '•�.` .1� ..� _ \ \\ ` - -- — -- MM (�IO:f O1T PiWi61 __ ---- -- MAP PROTECT LOCATION BOAT BASIN, SCALE t• -400' aoo ACCESS ROAD. o AND FLOATING DQCKS 400 200 -� N.C. AT CAPE FEAR RIVER AND SNOWS SCALE IN FEET CAROLINA BEACH, NEW HANOVER �..4o BY SAPONAS POINTS INVESTMENTS, LLC. 0, '' p 'um No wmcm" ♦a 803 CANAL DRIVE CAROLINA BEACH, N.C. DRAWN BY: Wm. H. WARRENSHEET R OF OCTOBER 1997 le RCP" RUNV -- 1 "�24_v SCE: REP 1 AAR 8" RCP ROC v, SGAt - 0 P R NOS Sp vER ND RiNS OF ROADD* LL WA F, 2 gGAI.E tN FEES • FS�pND E CRDUND ELEVoON' +2.1 �tND /r' .�c.BOAT BASIN, D.0041S , j)a�KS sNCs cup ACCESSO AR RIVER AHANOvsR C0.'uNC AD p'PE BEACH, NEw S'tMENSS, CARflttNADNAS pptNSE tN fil SAP A4 DRIVE C CARD NA 8E � t,1 •WARSHEET CF �I 00 ER 1g97 ti WE�pND 12' WIDE REPAIR -*IN CONTINUES 70 RIPER ROAD i TQE 4 f NEW f►t! ---- - - - - -- - - -- •. - - - -- ------------------------ - 5 �4.Q 2! 0 2 5 2 - - - - -- ------ - - - - -- ........... - - r NQZE tNptCAI�S GROUND ELE140, ) +2.1 WESLpND BOAT BASIN, ACCESS RpAD, DOCKS shows Cus WID p,ND R NE HANQ'�R L C. AT A BEACH, tN�SEN CARQUN QNAS P&t4 CS03 SCCMA BEp H N.C. ARQLiNA H, WARREN �R' of pRA By.- 9wm• SHEET E3 QC-t4BER SAPONOS POINTE INVESTMENTS, LLC 803 CANAL DRIVE CAROLINA BEACH, NC 28428 (910) 458 -0457 FAX (910) 458 -0457 October 17, 1997 National Marine Fisheries Service Habitat Conservation District Pivers Island Beaufort, NC 28516 To Whom It May Concern: Pursuant to paragraph 15 of the enclosed application for a Nationwide Permit # 14 please review the enclosed application and let us know if you have any comments. Sincerely, /�?� -""� �,/ teven H. MacCu / SAPONOS POINTE INVESTMENTS, LLC 803 CANAL DRIVE CAROLINA BEACH, NC 28428 (910) 458 -04.57 FAX (910) 458 -0457 October 17, 1997 State Historic Preservation Office NC Division of Archives & History 109 East Jones Street Raleigh, NC 27601 To Whom It May Concern: Pursuant to paragraph 16 of the enclosed application for a Nationwide Permit # 14 please review the enclosed application and let us know if you have any comments. Sincerely, Steven H. MacCurry SAPONOS POINTE INVESTMENTS, LLC 803 CANAL DRIVE CAROLINA BEACH, NC 28428 (910) 458 -0457 FAX (910) 458 -0457 October 17, 1997 US Fish and Wildlife Service Raleigh Field Office PO Box 33726 Raleigh, NC 27636 To Whom It May Concern: Pursuant to paragraph 15 of the enclosed application for a Nationwide Permit # 14 please review the enclosed application and let us know if you have any comments. Sincerely, kZ��% Steven H. MacCurry FA .SENT BY:Wilmington District ;10 -20 -97 ; 18:10 _ USACE —Reg. Branch-; 919 733 99594 1 • 1 TO: NATIONAL MARINE FISHERIES /BEAUFORT, NC FISH & WILDLIFE SERVICE /RALEIGH, NC NC DIVISION OF WA'T'ER QUALITY /RALEIGH, NC EPA /ATLANTA, CA STATE HISTORIC PRESERVATION OPFIGE /RALEIGH, NC 1. ACTION ID. 1998001'78 2. APPLICANT- _ �ON09 P IAN 'R, INVESMPNTS . LLC 3. DATE OF TRANSMITTAL-. OCTOBER 20. 1997 4. RESPONSE DEADLINE : OCXOHER 24. 1997 51 COMMENT DEADLINE {10 days from response deadlineh NOVEMBER 3. 1997 6. SEND COMMENTS TO WILMINGTON DISTRICT CORPS OF ENGINEERS. WILMINGTON REgULATM Fl=4 OFFICX ATTN.- MICHAEL TAY R (9101 A51 -4634 FM NO. (910) 251-4025 NUMBER, OF PAGES, INCLUDING THIS SHEET; 11 State of North Carolina Department of Environment, Health and Natural Resources f • Division of Water Quality James B. Hunt, Jr., Governor ML Wayne McDevitt, Secretary p E H N F1 A. Preston Howard, Jr., P.E., Director November 3, 1997 New Hanover County WQC 401 Project #970892 APPROVAL of 401 Water Quality Certification Mr. Steve MacCurry Saponas Pointe Investments, LLC 803 Canal Drive Carolina Beach, NC 28428 Dear Mr. MacCurry: You have our approval, in accordance with the attached conditions, to place fill material in 03 acres of wetlands or waters for the purpose of repairing an access road at your property on River Road (SR 1100) near Wilmington, as you described in your application dated October 20, 1997. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3103. This Certification allows you to use Nationwide Permit Number 14 when it is issued by the Corps of Engineers. 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 Stoimwater, Non - Discharge and Water Supply Watershed regulations. Also 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. If you change your project, you must notify us and you may be required to send us a new application. 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 certification. 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. S' rel , ton How Jr. P.E. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DWQ Regional Office W. John Dorney Central Files 9708921tr Division of Water Quality - Non -Discharge Branch ,4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919 - 733 -1786 FAX # 733 -9959 An Equal Opportunity Affirmative Action Employer - 50% recyded/1096 post consumer paper