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HomeMy WebLinkAbout19920603 Ver 1_Complete File_19930414I State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management 512 North Salisbury Street 1- Raleigh, North Carolina 27604 i James B. Hunt, Jr., Governor Apri l 14, 1993 A. Preston Howard, Jr., P.E. Jonathan B. Howes, Secretary Director David and Nancy Benford Post Office Box 8610 Wrightsville Beach, North Carolina 28480 Dear Mr. and Ms. Benford Subject: Proposed Fill in Wetlands Residential lot fill Brunswick County DEM Project # 92603, COE or Waters 199300232 Upon review of your request for material in 0.1 acres of wetlands or 1 lot 83, Indigo Plantation in Brunswic] proposed fill can be covered by Gener, issued January 21, 1992. A copy of t] Certification may be used in qualifyii Nationwide Permit No. 18. Wetland fi this Certification. Water Quality Certification to place fill aters for residential lot fill located at County, we have determined that the 1 Water Quality Certification No. 2733 e General Certification is attached. This g for coverage under Corps of Engineers, 1 under Nationwide .# 14 is not permitted by If you have any questions please contact John Dorney at 919/733-1786. 'Sincerel , P eston Howard, Jr. P.E. APH:JD Attachment CC: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DEM Regional Office) -Mr. John Dorney#' 1 Central Files Charlie Hollis i Regional Offices Asheville Fayetteville Mooresville i Raleigh Washington Wilmington Winston-Salem 704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900 919/896-7007 i Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Oppoinity Affirmative Action Employer I .. . . % DIVISION OF MEMORANDUM i i i ENVIRONMENTAL .40 Date: November 12, 1992 ff\ To: John Dorney Planning Branch From: James H. Gregsc Wilmington Re lronal Office Through: Dave Adki Wilmington Regional Office Subject: Regional Office Review and Recommendations Application for Permit for Excavation and/or Fill Central Office Permit)#s: 92605, 92604, 92603, 92602, 92601, 92600. Nationwide Permit 18 Projects Lots 27, 83, 85, 86, X88, and 91. Indigo Plantation Brunswick County PROJECT DESCRIPTION: Applicants proposes to use Nationwide Permit 18 to fill 1/10 acre of wetlands on individual lots in Indigo Plantation. These lots ,'are not useable unless cleared and 1/10 acre is filled . The project has been reviewed to determine impacts to water quality. The following comments have been provided. As with the Richard and 'Cathy Booth project (92364), this Office objects to the use of Nationwide 18 for these six projects. The placement of 25 cubic yards of fill material over a 4,356 sq. ft. area would 'result in fill approximately 1.8 inches deep. With the water table at or near the surface, this would not be sufficient depth; to render the site a non-wetland. To be consistent with fill activities on similar lots at Indigo, these lots would require 1-3 feet of fill material to make the lots buildable. It is doubtful that impacts to these lots will be limited to 1/10 acre. It is likely to assume that the entire lots will be cleared, graded and planted with lawn grasses, thereby completely eliminating the existing uses that these wetlands currently provide. ;Cumulative impacts (including the Booth lot) would total 0.7 acres of permitted fill and as much as 4.6 acres of estuarine fringejforest could be disturbed along 800 feet of salt marsh. cc: Wilmington Regional Office Files Central Files i 01: 1 J DEPARTMENT OF THE ARMY WILMINGTON DISTRICT , CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORI H CAROLINA 28402-1890 IN REPLY REFER TO November 5, 1992 Regulatory Branch ffNOVI92 ' Action ID. 199300232 and Nationwide Permit No. 18 (Minor Discharges) Mr. David B. Benford Post Office Box 8610 Wrightsville Beach, & Mrs. Nancy B.IBenford North Carolina 2 Dear Mr. and Mrs. Benford: Reference your application of 0 authorization to clear and fill 1/1 Plantation, Southport, Brunswick Co 480 ?b5 ober 14, 1992, for Depar ent of the Army acre wetlands on Lot No. Indigo ty, North Carolina. For the purposes of the U.S. Army Corps of Engineers' Regulatory Program, Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the Federal Register on November 22, 1991, lists nationwide permits. Authorization, pursuant to Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act „ was provided for discharges of dredged or fill material into all waters of the United States provided: a. The discharge does not exceed 25 cubic yards; b. The discharge will not cause the loss of more than 1/10 acre of a special aquatic site, including wetilands. For the purposes of this nationwide permit, the acreage limitation incl+ des the filled area plus special aquatic sites that are adversely affected by flooding and special aquatic sites that are drained so that they would no longer be a water of the United States as a result of the project; j C. If the discharge exceeds 10 cubic yards or the discharge is in a special aquatic site, including wetlands, the permittee notifies the District Engineer in accordance with the "Notification" general condition. For discharges in special aquatic sites, including wetlands, the notification must also include a delineation of affected special aquatic sites, including wetlands' and; d. The discharge, including all attendant features, both temporary and permanent, is part of a single and complete project and is not placed for the purpose of stream diversion. j Your work is authorized by thi accomplished in strict accordance nationwide permit does not relieve required State or local approval. Mr. John Dorney, North Carolina Did telephone (19) 733-1786, and Mr. SJ Coastal Management, telephone (919, nationwide permit provided it is ith the enclosed conditions. This you of the responsibility to obtain any In this connection you should contact ision of Environmental Management, eve Benton, North Carolina Division of 733-2293. 2- This verification will be valid f unless the nationwide authorization i this verification will remain valid f the nationwide permit authorization i activity complies with any subsequent authorization. If during the 2 years expires or is suspended or revoked, o would no longer comply with the term activities which have commenced (i.e. contract to commence in reliance upo authorized provided the activity is the nationwide permit's expiration, discretionary authority-has been exer suspend, or revoke the authorization Questions or comments may be add Field Office, Regulatory Branch, tel Enclosure r 2 years from the date of this letter modified, reissued, or revoked. Also, r the 2 years if, during that period, reissued without modification or the modification of the nationwide permit the nationwide permit authorization is modified, such that the activity and conditions of the nationwide permit, are under construction) or are under the nationwide permit will remain mpleted within 12 months of the date of dification or revocation, unless ised on a case-by-case basis to modify, ssed to Mr. Rudolf Schiener, Wilmington hone (919) 251-4629. Sincerely, G. Wayne Wright Chief, Regulatory Branch Copies Furnished (without enclosure Mr. John Parker North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-768 J Mr. John Dorney Water Quality Section Division of Environmental Manageme North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-768 Mr. C. Robert Stroud, Jr. Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 Mr. Charlie Hollis Regulatory Consultant t 138 Green Forest Drive Wilmington, North Carolina 28409 • DEM ID: 92603 NATIONWIDE PERMIT APPLIED FOR JOINT NATIONWIDE PERMITS THAT REQ NATIONWIDE PERMITS THAT REQ NATIONWIDE PERMITS THAT REQ WILMINGTON DISTRICT ENGINEER CORPS OF ENGINEERS DEPARTMENT OF THE ARMY P.O. BOX 1890 WILMINGTON, NC 28402-1890 ATTN: CESAW-CO-E Telephone (919) 251-4511 ACTION ID: PROVIDE NATIONWIDE PERMIT #): ICATION FORM FOR NOTIFICATION TO CORPS OF ENGINEERS SECTION 401 CERTIFICATION CONCURRENCE INDIVIDUAL SECTION 401 CERTIFICATION WATER QUALITY PLANNING DIVISION OF ENVIRO L..? uu-- NC DEPARTMENT OF R N NElU,T AND NATURAL a P.O. BOX 29535 RALEIGH, NC 2762 5 OCT 1610 ATTN: MR. JOHN D RNE Telephone (919) 7 -5 WETLANDS GROUP . .. Tine ONE (1) COPY OF THIS COMPLETED PLICATION SHOULD BE SENT TO THE CORPS OF IF YES, EXPLAIN. ENGINEERS. SEVEN (7) COPIES SHO DBE SENT TO THE N.C. DIVISION OF 8. IS THIS PROJECT LOCATED LAWATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW, WS I, OR WS II? YES [1f 9. HAVE ANY SECTION 404 PERN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [?f [ j ENVIRONMENTAL MANAGEMENT. PLEAS PRINT. f 1. OWNERS NAME : l)RY/A +?. 14 NC ?• x'711 ?QR.P ? 0.1 2. OWNERS ADDRESS: .?. k g'w d etc. ?a 2 l? 3. OWNERS PHONE NUMBER ( HOME) : ' ?? • ?G - 935 (WORK) 4. IF APPLICABLE: AGENT'S N OR RE ONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: r-4-80 Lim LL. ?12 @'3 P" R 5. LOCATION OF PLANNED WORK (A TACH MAP). COUNTY: ?i21?/VSWICK NEAREST TOWN OR CITY: ?OC? OR SPECIFIC LOCATION (INCLUDE OAD NUMBERS, LANDMARKS, ETC.): ?' DlGO L I? 6. NAME OF CLOSEST STREAM/RIVER: /4 ?WI.J 7. RIVER BASIN: 10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, LOCATED ON PROJECT SITE: D ..? cr.G1ti2 1 3/25/92 VOW* -2- 11. NUMBER OF ACRES OF WATERS OF THE PROPOSED PROJECT: FILLED: DRAINED: FLOODED: EXCAVATED TOTAL IMP 12. DESCRIPTION OF U.S., INCLUDING WETLANDS, IMPACTED BY ?lS?'btd be, (ATTACH PLANS) 13. PURPOSE OF PROPOSED WORK: 14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. /ALSO, N TE MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS. 21--"vr__ -S it/6(/p ,DI'8Yl06--' s /A 15. YOU ARE REQUIRED TO CONTACT ITHE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE OR ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN TITRE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. HAVE YOU DONE SO? YES (Pl' NO [ ) RESPONSES FROM THE USFWS AND OR NMFS SHOULD BE FORWARDED TO CORPS. 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) REGARDING.THE PRESENCE O HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT? HAVE YOU DONE SO? YES (V'r NO ( ) RESPONSE FROM THE SHPO SHO D BE FORWARDED TO CORPS. 17. ADDITIONAL INFORMATION REQ IRED BY DEM: A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND LAKES ON THE PROPERTY. B. IF AVAILABLE, PROJECT. IVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT ?F THE DELINEATION LINE. D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH COPY. E. WHAT IS LAND USE OF SUI OUNDING PROPERTY? F. IF APPLICABLE WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? ??inv?.t Jam, OWNER'S SIGNATURE DATE N N O' UP TO 1/10th ACRE:.,W TO BE DISTURBED A S ITx VlC1N ITy . ocwnj CI00ROAD LOT NO 83 LOT NO 82 Owner: Indigo Plantatiol Southport, N.C. WETLANDS (Throughout this Lot) SCALE: ..40, LOT NO 84 Col. David Barbara 9034 Mountainberr Bruner Ci Frederick, MD 217 rcle 702 PROPOSED WETLAND DISTURBANCE NATIONWIDE PERMIT 18 DAVID B. & NANCY B. BENFORD et al LOT NO. 83 INDIGO PLANTATION SOUTHPORT, N.C. ow State of North Carolina Department of Envirom rent, l Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Caroiina 27604 James G. Martin, Governor A. Preston Howard, Jr., P.E. William W. Cobey, Jr., Se=tary December 13 , 1992 Acting Director David and Nancy Benford Post Office Box 8610 Wrightsville Beach, north Carolina 28480 - Dear Mr. and Ms. Benford Subject: Proposed Fill in Wetlands or waters Residential lot fill Brunswick`County DLM Project # 92603, CCE # 199300232 Upon review of your to place fill material, i 700 for residential lot fill Brunswick county, we have det be covered by General Water Q January 21, 1992. A copy of attached. This Certification coverage under Corps of Engin, Wetland fill under Nationwide Certification. t for water Quality Certification quare feet of wetlands or waters ?d at lot 83, Indigo Plantation in mined that the proposed fill can !ality Certification No. 2733 issued he General Certification is may be used in qualifying for erse Nationwide Permit No, 18. # 14 is not permitted by this If you have any questions, please contact John Dorney at 919/733-1786. Sincerely, eston Howard, Jr P.E. APH : T71 Atta °,m+? cc: ngton District Corps of Engineers Cori, ; of Engineers Wilmington Field office Willa. ngton DEM Regional ;office Mrs ohn Dorney Central Files RF60NIAL.t s Asheville Chamiidayi8$Dll.ilgborasville Raleigh Washington Wilmington Winston-Salem 704/251-6208 919/486-1541 704/663-1699 4191571-4700 919/946-6481 9191395-3900 9191896-7007 Poltutlob Praventlon PAY11 P.O. Box 29535, Raleigh. North &ralina 27626-0535 Telephone 919-733-7015 An Equal O;Y;or*ty Afftrmadve Action F=ployer T e-i s WAeofw" T wws4c w r c 9 d E B 'E 2 'E d G Vic?N rry PROPOSED WETLAND DISTURBANCE NATIONWIDE PERMIT 18 DAVID B. & NANCY B. BENFORD et al LOT NO. 83 INDIGO PLANTATION SOUTHPORT, N.C. UP TO 1/10th ACRE tiWETLAI+YDS To BE DISTURBED - LOT NO 83 WETLANDS (Throughout this Lot) P SCALE: x« x.40, LOT NO 84 OFmer: -Col. David A $arbara Bruner 9034 Mountainberr Ci Frederick HD 217 Circle 702 y SQVry Rr x N G 1 LOT NO 84 r Omer: Cal. David & Barbara Bruner 9034 Mountainberry Circle Frederick, MD 21702 / -1-C 404 WETLAND LINE - F LOT NO 85 LOT NO $6 UP TO 1/10th ACRE WETLANDS. Owner! A. Raymond & Mildred F."Barnes' TO BE DISTURBED 2023 Sprunt Ave. Durham, NC 27705 '5tTE SCALE: xt40'I Vsctrt sry PROPOSED WETLAND DISTURBANCE NATIONWIDE PERMIT 1S LT. COL. DAVID S. & NANCY B. BURGESS LOT NO. 85 INDIGO PLANTATION x G4 5? CG? 404 WETLAND LINE LOT NO 86 .LOT NO 87 caner: Richard & Cathy Booth c/o Patrick Booth 6321 Old Orchard Dr. Wilmington, NC 28403 LOT NO 85 Owner: Lt. Col. David S. & Nancy B. Burgess '208 Carroll Ave. Newport, RI 67840 OF TO 1/10th ACRE WETLANDS ) TO BE DI. STUBBED / i SCALE: 1" = 4011 PROPOSED WETLAND DISTURBANCE NATIONWIDE PERMIT 18 A. RAYMOND & MILDRED F. BARNES LOT NO. 86 INDIGO PLANTATION SOUTHPORT, N.C. LOT NO 88 LOT Nd 87 Owner: Richard & Cathy Booth c/o Patrick Booth 6321 Old Orchard Dr. Wilmington, NC 28403 UP TO 1/10th ACRE WETLANDS1 TO BE DISTURBED I ViClA 1Ty SCALE: V = 40' , PROPOSED WETLAND DISTURB` NATIONWIDE PERMIT fir WILLIAM C. & CINDY B.`... LOT NO. 88 INDIGO PLANTATION SOUTHPORT, N.C. A. RAYMOND MILDRED F. BARNES LOT NO. 8$ INDIGO PLANTATION SOUTHPORT, N.C. w x 1-4 .ti r+ d x 9H0? Owner: c? N 1 SCALE: I" = 401. Gloria Hoepner 813 Santa Maria Wilmington, NC 28405 T PROPOSED WETLAND DISTURBANCE NATIONWIDE PERMIT I8 GEORGE H. & ANITA BENFORDj GEORGE H. II & PATTY E. BENF( DAVID B. A NANCY B. BENFORD LOT N0. *A* 1?1 INDIGO PLANTATION SOUTHPORT, N.C.-