20041713 Ver 1_Other Agency Comments_20051108

NCDEN R
North D.!i lina Department of Fnivironment rind Natural Resources
Division of Coastal Management
Michael F. Easley, Govemor Charles S. Jon(:', Director William Ci. floss Jr,, Socretaiy
Novciuber 8, 2005
DT 0' -nt3
Frank H. Sheffield, Jr. cl? _ OS
Ward and Smith, P.A.
PO Box 867
New Bern, NC 28563-0867
SUBJECT: CD05-053 - Consistency Concurrence for Proposed Impact to 0.07 Acres of
Wetlands, Emerald Isle, Carteret County (DCM#20050050)
Dear Ms. Sheffield:
The Division of Coastal Management: received on June 16, 2005 the consistency certification by Ward
and Smith on behalf of the Nassau Corporation (Applicant) that the proposed fill of 0.07 acres of
wetlands to facilitate the construction of residences in the Royall Oaks and Dolphin Ridge
Subdivisions in Emerald Isle, Carteret County, North Carolina would be consistent with the
enforceable policies of North Carolina's coastal managcmentprogram. North Carolina's coastal zone
management program consists of, but is not limited to, the Coastal Area Management Act, the
State's Dredge and Fill Law, and the land use plan of the County and/or local municipality in
which the proposed project is located. It is the objective of the Division of Coastal Management
(DCM) to manage the State's coastal resources to ensure that proposed Federal activities would be
compatible with safeguarding and perpetuating the biological, social, economic, and aesthetic
values of the State's coastal waters.
To solicit public comments, DCM published a public notice in the "Carteret County News-Times "
on June 19, 2005 and circulated a description of the proposed project to State agencies that would
have a regulatory interest in the proposed development. No comments were received asserting that
the proposed project would be inconsistent with the State's coastal program. Nonetheless,
comments were received concerning the necessity for the wetland fill and the cumulative adverse
environmental effects raised through continued fill. Through the DWQ Water Quality
Certification, the project's proposed impact to wetlands was reduced from 0.117 acres to 0.07
acres, which resolved DCM's concerns with this proposed project. Comments received have been
attached to this letter.
The Division of Coastal Management (DCM) has reviewed the consistency submission pursuant to
the management objectives and enforceable policies of Sections 15A NCAC 07M.0700 and 15A
NCAC 07M .0800 of North Carolina's Administrative Code which are a part of the State's certified
400 Commerce Avenue, Morehead City, North Carolina 28557-3421
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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coastal nruiagemcut program and concurs, as conclitioued below, that the proposed project is
consistent with the enforceable policies of North C'arolina's coastal management prograin.
In order to be found consistent with North Carolina's coastal manarrement program, the
Applicant shall comply with the 401 Water Quality Certification (1/3542) issued by the NC
Division of Water Qualify ort October 19, 2005.
In order to be found consistent with North Carolina's coastal management program, the
Applicant shall obtain, prior to initiating any land disturbing act.ivitics any other required
State permits, such as an Erosion and Sediment Control Plan approved by the NC Division
of Land Resources and Stormwater Management. Permit approved by the NC Division of
Water Quality.
Should the project be modified, a revised consistency certification could be necessary. This might
take the form of either a supplemental consistency certification pursuant to 15 CFR 930.66, or a
new consistency certification pursuant to 15 CFR 930,57. Likewise, if further project assessments
reveal environmental impacts not previously considered by the proposed development, a
supplemental consistency certification might be required. If you have any questions, please contact
Stephen Rynas at 252-808-2808. Thank you for your consideration of the North Carolina Coastal
Management Program.
Sincerely,
Doug Huggett
Manager, Major Permits and Consistency Unit
cc: Tere Barrett, Division of Coastal Management
Cyndi Karoly, NC Division of Water Quality
Noelle Ltdherau, NC Division of Water Quality
Mickey Sugg, U.S. Army Corps of Engineers
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