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HomeMy WebLinkAbout19890113 Ver 1_Complete File_19890101 A SUrF u State of North Carolina Department of Natural Resources and Community Development Division of Coastal Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor George T. Everett William W. Cobey, Jr., Secretary Director April 3, 1989 Certified Mail Return Receipt Requested Mr. Wayne D. Comer 120 Fairmax Road Goldsboro, NC 27530 Dear Mr. Comer: This letter is in response to your request for a permit under the Coastal Area Management Act and State Dredge and Fill Law to excavate an access channel in Goose Creek adjacent to Goose Creek Resort Properties near the community of Bogue in Carteret County, N. C. Processing of your application, which was accepted as complete on December 27, 1988, and for which notification of extended review was given on March 17, 1989, is now complete. Based on the foregoing review, including onsite investigation by representatives of State and Federal agencies, the Division of Coastal Management has made the following findings: (1) Excavation of the access channel would result in the loss 8000 approximately 6000 square feet of seagrass/seagrass habitat area, square feet of intertidal habitat area and 148,000 square feet of shallow to semi-shallow bottom area of Goose Creek; (2) Seagrass meadows are a source of detritus that is an important component of the aquatic food chain and provide nursery habitat for a variety of commercially and recreationally important species of fish and shellfish. For example, the commercially important bay scallop is dependent upon seagrass beds to complete its life cycle. Furthermore, a minimum of 22 fish species including spot, spotted sea trout, mullet, bluefish, ar-d flounder use seagrass beds as nursery habitat. Beds of aquatic vegetation are also important feeding areas for migratory waterfowl. Shallow unvegetated intertidal and subtidal areas provide habitat for a variety of benthic invertebrates that are important components in the aquatic food chain and provide a refuge from predators for juvenile fish. P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 An Equal Opportunity Affirmative Action Employer Mr. Wayne D. Comer Page 2 April 3, 1989 The central subtidal portion of the creek is shallow (3-4 ft. mean low water) with a soft mud bottom that would be easily resuspended by boat wakes. An increase in the size and frequency of boats using the proposed channel will increase turbidity causing indirect adverse impacts on nearby seagrass beds, shellfish habitat and primary nursery areas; (3) Sampling by the Division of Marine Fisheries (DMF) indicated significant shellfish resources in the examined area. In addition, Goose Creek represents one of the few mainland tributaries of Bogue Sound unaltered by major dredge and fill activity and is an extremely productive shellfish area. The DMF observed individuals hand raking or bull raking in the area of concern on every site visit made during the course of their investigation; (4) Goose Creek is of sufficient depth for most boat traffic. Alternative access to Bogue Sound for larger boats is available offsite; and, (5) The project, as proposed, has been determined to be inconsistent with the following rules of the Coastal Resources Commission: (a) 15 NCAC 7H.0206(c), which establishes, as the highest priority, the management and conservation of the important features of estuarine waters so as to safeguard and perpetuate their biological values; (b) 15 NCAC 7H.0208(a)(2)(A & B), which requires that the applicant's development be consistent with the management objectives of the estuarine system AECs and that the applicant has selected a combination of sites and designs that will have a minimum adverse impact upon the productivity and biological integrity of coastal marshlands, shellfish beds, submerged grass beds, spawning and nursery areas, important nesting and wintering sites for waterfowl and wildlife, and important natural erosion barriers; (c) 15 NCAC 7H.0208(b)(1), which states that navigation channels, canals and boat basins must be aligned or located so as to avoid primary nursery areas, highly productive shellfish beds, beds of submerged vegetation, or significant areas of regularly or irregularly flooded coastal wetlands. Given the foregoing findings, it is necessary that your request for a permit under the Coastal Area Management Act and the State Dredge and Fill Law be denied. This denial is made under: N.C.G.S. 113-229(e)(5), which provides for a permit denial upon finding a significant adverse impact on estuarine resources, N.C.G.S. 113A-120(2), which requires permit denial when the project is found to be inconsistent with the State Dredge and Fill Law, and N.C.G.S. 113A-120(8), which requires denial of projects inconsistent with the State Guidelines for Areas of Environmental Concern or local land use plans. Mr. Wayne D. Comer Page 3 April 3, 1989 If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve appearing before an Administrative Law Judge who listens to the evidence and arguments of both parties and then makes a recommendation to the Coastal Resources Commission. Your request for a hearing must be in the form of a written petition, complying with the requirements of Chapter 150B of the General Statutes of North Carolina, and must be filed with the Office of Administrative Hearings, P. 0. Drawer 11666, Raleigh, N. C. 27604 (919) 733-2698 within 28 days of this decision on your permit application. A copy of the petition should be filed with this office. Also, you should be advised that as long as this state permit denial stands, your project must be deemed inconsistent with the N. C. Coastal Management program, thereby precluding issuance of Federal permits for this project. The Federal Coastal Zone Management Act of 1972 (CZMA) gives the right to appeal this finding to the U. S. Secretary of Commerce, within 30 days of receipt of this letter. Your appeal must be based on the grounds that the proposed activity is (1) consistent with the objectives or purposes of the CZMA, or (2) is necessary in the interest of national security, and thus, may be federally approved. If you have any questions concerning this matter, please contact Mr. John Parker at 919/733-2293, P. 0. Box 27687, Raleigh, NC 27611. Si erely, George Everett GTE/aw cc: Andreas Mager, Jr. U. S. Dept. of Commerce, OCRM Washington, D.C. Colonel Paul W. Woodbury Corps of Engineers Wilmington, NC DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION Comment ticoncernin an a1pplic tion.for State Fede al.CAMA Permit(s) from r C vcJ?? C ?-C << !?- )1-1/1,v 6-1 c.z> -hr, o{ oad = A. PERMIT: This office cannot comment on this project until after the close of the Section 401 Certification Public Comments Period. his office has no objection to the issuance of the permit(s) for the proposed project with the following conditions: /[\ That the activity be conducted in such a manner as to prevent significant increases in turbidity outside the area of construction or construction- related discharge (increases of 25 NTU's or less are not considered significant). That the instream turbidity not be increased by more than 50 NTU's as a result of the proposed activity after a reasonable opportunity for dilu- tion and mixture. That turbidity levels in shall not be increased by more than 10 NTU's as a result of the proposed activity after a reason- able opportunity for dilution and mixture. B. CERTIFICATION STATUS: Certification is not required for this project. Certification is required for this project. Such action to process the certification has been initiated. Proposed Certification will be acted on or after The proposed project is certified under General Certification A) No. 1179 issued on January 25, D) No. 1431 issued on October 16, 1977, for sewer line construction 1980, for boat ramp construction. B) No. 1272 issued on November 10, E) No. 1664 issued on September 8, 1978, for bulkhead construction. 1983, for Rip-Rap Placement. No. 1273 issued on November 10, F) No. 1665 issued on September 19, 1978, for discharges of liquid 1983, for incidental bridge effluent from diked upland dispos al construction. areas. I WATER QUALITY SECTION DI VISION OF ENVIRONMENTAL MANAGEMENT C DIVISION OF ENVIRONMENTAL MANAGEMENT MEMORANDUM Date: March 1, 1989 To: Bill Mills Operations Branch From: James H. Gregson J Wilmington Re 'gional Office Through: Donald Safri 1? Wilmington Reonal Office Subject: Regional Office Review and Recommendations Application for Permit for Excavation and/or Fill Project # 8901-R Wayne D. Comer/Goose Creek Properties Carteret County PROJECT DESCRIPTION: The applicant proposes to excavate a 4100 foot long access channel which will result in the excavation of 8,000 square feet of intertidal habitat and 148,000 square feet of shallow water habitat. ADJACENT WATER BODY: Goose Creek CLASSIFICATION: SA STATUS: Closed The project has been reviewed to determine impacts to water quality. The following comments have been provided. 1. The project will require a 401 Water Quality Certification. 2. The project complies with the General 401 Water Quality Certification No. 1273 for the discharge of liquid effluent from a diked disposal area. 3. The proposed project should be done in such a way as to not cause the turbidity outside the immediate construction area to exceed 25 NTU. This office has no objection to the project as proposed. JHG:trw cc: DCM - Charles S. Jones WiRO, CF MAR U :r;'jJW1 MEMORANDUM: ifA?d?lGti?lEf?l TO: JIM GREGSON OFFICE OF CO V. DIVISION OF ENVIRONMENTAL MANAGEMENT 01 REGiL 0 F I I C E FROM: CHARLES S. JONES, DISTRICT MANAGER DIVISION OF COASTAL MANAGEMENT SUBJECT: PERMIT APPLICATION BY WAYNE COMER - GOOSE CREEK - CARTERET COUNTY DATE: FEBRUARY 15, 1989 Per our conversations, I have attached a copy of a plat which shows the location of the affluent pipe from the diked disposal area. If you have any further questions, or need additional information, please contact me. CSJ/dh Attachment cc: Preston P. Pate, Jr. John Parker V ! GI A4 I7Y r,O A P " ` m PF2?V P?FYtC ?9 I ? uLTeGtT ?? C? f? ?+ Cr S'S 1 JL p?rP?2rr.,> Fogs P! P_ RRLD wAvaE. czerE2 r3rL4 powECIL- hcco?Y?no, nl•G. C•c.u.72•n,2, SL FED ...--------- - Eby C ?, ; =T FIKT PA I C ?? ter. ?• _, - =\,.,, ..., ?3E0 •S' -L? ` ? 70• uro? -! .. ? awe ????9: ,c, Y7? Ea Wye, fjoA? , -3' -L y' , , x boo r j, q?oo ?-- PSI r !J?ce? t? eF 3 ??ry\` ` E•c.u,O.r? r, 1,?? 7. , DIVISION OF COASTAL MANAGEMENT Lat:34041158" FIELD INVESTIGATION REPORT Long:77000133" 1. APPLICANT'S NAME Wayne D Comer/Goose Creek Resort Properties 2. LOCATION OF PROJECT SITE adjacent to NCSR 1119 and on the east side of Goose Creek, near the community of Bogue, Carteret County; * SEE 1984 PHOTO INDEX 431-1184 (M-4) 3. 4. INVESTIGATION TYPE: DREDGE & FILL X CAMA X INVESTIGATIVE PROCEDURE: (A) DATES OF SITE VISIT 1-5-89 (B) WAS APPLICANT PRESENT NO 5. PROCESSING PROCEDURE: APPLICATION RECEIVED December 27, 1988 OFFICE Morehead City 6. SITE DESCRIPTION: (A) LOCAL LAND USE PLAN Carteret County Community/ LAND CLASSIFICATION FROM LUP Conservation DEVELOPMENT CONSTRAINTS IDENTIFIED IN LUP potential inconsistency with 'Conservation' classification (B) AEC(S) INVOLVED: OCEAN HAZARD ESTUARINE SHORELINE COASTAL WETLANDS PUBLIC TRUST WATERS _X ESTUARINE WATERS X OTHER (C) WATER DEPENDENT: YES X NO (D) INTENDED USE: PUBLIC PRIVATE X C01414ERCIAL X (E) TYPE OF WASTE WATER TREATMENT: EXISTING septic tanks PLANNED mobile home park (F) TYPE OF STRUCTURES: EXISTING & campground facility PLANNED (G) ESTIMATED ANNUAL RATE OF EROSION N/A SOURCE 7. HABITAT DESCRIPTION: AREA (A) VEGETATED WETLANDS DREDGED FILLED OTHER seagrass/seaQrass habitat 6000 sq.ft. bottom (B) NON-VEGETATED WETLANDS: intertidal bottom area 8000 sq.ft. shallow to semi-shallow area 148,000 sq. ft. (C) OTHER: sq disposal area 180,000 ft (D) TOTAL AREA DISTURBED: 8. PROJECT SUMMARY: The applicant is proposing to excavate an approx- imately 4,100' long access channel from the AIWW, in Bogue Sound,_ through Goose Creek, to service an existing mobile home park and campground facility. FIELD INVESTIGATION REPORT - WAYNE D. COMER/GOOSE CREEK RESORT PROPERTIES, CARTERET COUNTY PAGE #2 9. NARRATIVE DESCRIPTION: The applicant currently owns an approximately 90 ac. tract of land which is located adjacent to NCSR 1119, and the eastern shoreline of Goose Creek, near the community of Bogue, Carteret County. Located on this property is an existing 250 space mobile home park and a campground facility which has approximately 199 spaces. Potable water is obtained from a community well system and sewage is handled by individual septic tanks. State Permit #49-85 authorized the excavation of an upland boat basin and access channel (to a depth of -4' MLW) into Goose Creek to service this existing facility. Also permitted was a pier extending into Goose Creek (which is directly adjacent to the access channel) and stabilization of the shoreline of Goose Creek and the basin by bulkheading. Activity authorized by this permit has been completed, except for the bulkheading which is approximately 40% complete. Goose Creek is a tidal tributary of Bogue Sound. The creek area immediately upstream of the applicant's pier has been designated by the N.C. Marine Fisheries Commission as a Primary Nursery Area, is classified as 'SR' waters, and is clas_Qd_to the harvesting of shellfish. -The N.C. Division of Marine Fisheries has conducted extensive finfish and shellfish surveys on the upper half of Goose Creek and has found that it is a functional Primary Nursery Area and has substantial shellfish resources. DMF has also indicated that similar bottom and habitat value may exist in the downstream portions of Goose Creek. Scattered amounts of seagrass beds and oysters are found along the eastern side of Goose Creek and are adjacent to the applicant's shoreline property. Existing water depths in Goose Creek vary, but generally do not exceed -4' MLW deep. Goose Creek has not been nominated as an Outstanding Resource Area, but the area of Bogue Sound in front of Goose Creek has. The applicant is now requesting a permit which would authorize the excavation of an additional access channel to service the existing mobile home park and campground facility. Plans included with the application show that an approximately 4100' long x 40' wide x -6' MLW deep access channel is proposed to begin at the edge of the AIWW in Bogue Sound and terminate within the existing man-made basin. The proposed channel would run along the shoreline and parallel to the previously permitted bulkhead for a distance of approximately 400' (which would impact an approximately 400' long x 20' wide area of intertidal FIELD INVESTIGATION REPORT - WAYNE D. COMER/GOOSE CREEK. RESORT PROPERTIES, CARTERET COUNTY PAGE #2 habitat). From there, the channel will run perpendicular into Goose Creek for a distance of approximately 4001, and then in a southerly direction to the AIWW. 10. ANTICIPATED IMPACTS: The project, as proposed, will result in the excavation of an approximately 8,000 sq. ft. of intertidal habitat, and an approximately 148,000 sq. ft. of semi-shallow to shallow water habitat area. Approximately 18,000 cu. yds. of primarily sand, with some subtidal mud material, will be excavated by hydraulic dredge and pumped to an approximately 180,000 sq. ft. highground diked disposal area. Representatives of the National Marine Fisheries Service has reviewed historical aerial photos of this area and have determined that there will be a direct impact to an approximately 150' long x 40' wide area of seagrass/seagrass habitat area. The remaining portion of the access channel appears to avoid any seagrass habitat, but a detailed survey will be forthcoming. Additionally, Division of Marine Fisheries personnel will be conducting shellfish surveys of this area to evaluate potential impacts. There will, however, be a direct loss of scattered oysters in the area where the channel is proposed to be, adjacent to the shoreline. The depth of the channel (-6' MLW deep) will also allow boats of greater size and drafts to use the area. Indirect impacts may also include turbidity impacts on adjacent seagrass and shellfish areas and an increase in general boater use of the area. The applicant has indicated that this project is desirable in order to provide adequate boating access during all weather conditions and to provide a suitable channel area for recreational fishing activities from adjacent highground areas. PREPARED BY: CHARLES S. JONES DATE: JANUARY 26, 1989 0e type or print. Carefully describe all an- d. Describe the planned use of the project. / ? . ..cipated development activities, including construc- ? ??5 Acatd ,pA7171E a c.4mnE,z 1?Cr?T oc tion, excavation, filling, paving, land clearing, and stormwater control. If the requested information is not relevant to your project, write NIA (not ap- plicable). Items I-4 and 8.9 must be completed for q 'LAND? AND WATER-;--.,;; all projects. CHARACTERISTICS { T'-APPLICANT a, Size of entire tract >0 b. Size of individual lot(s) 2 a so. - a. Name GA la`"1'° D 6orrUP c. Elevation of tract above mean sea level or Na- Address 120 /:e /P-IA4 RD tional Geodetic Vertical Datum ' S `z2 f /O City tom! nspr•!,Qn State A• C d. Soil type(s) and texture(s) of tract u'h-n Zip ?27S3o -1 Day phone 7.3r- IQS-1, d cf-AY - Landowner or Authorized agent e. Vegetation on tract y nacl, / 7ncE5 b. Project name (if any) 6205,-? cRarni; u- 2F5r/27- F_P P -if'? - f. Man-made features now on tract ilo4z 73,Y /- PX 05. C. If the applicant is not the landowner, also give „, ,,,,1- ^ F 14.*112 rA7",1h,0oUni/) the owner's name and address. g. What is the CAMA Land Use Plan Classifica- tion of the site? (Consult the local land use plan.) Conservation ? Transitional Developed Community , OF :PROPOSED 2 1OCATION Rural Other . h. How is the tract zoned by local government? = PROJECT . Ij i. How are adjacent waters classified? 5A a. Street address secondary road number. j. Has a professional archaeological survey been l?F? 5• p ///(7 carried out for the tract? No b. City, town, community, or landmark If so, by whom? c. County cr4rZrfei 7_ ' I UPLAND.DEVELOPMENT s . 5 d. Is proposed work within city limits or planning . y ; jurisdiction? NO e. Name of body of water nearest project Complete this section if the project includes any oc'Si- c4zEC-? upland development. - a. Type and number of buildings, facilities, or ,"DESCRIPTION AND ,PLANNED. 3 :3 structures proposed , USE OFPROPOSED PROJECT b. Number of lots or parcels a. Describe all development activities you propose c. Density (Give the number of residential units (for example, building a home, motel, marina, and the units per acre.) bulkhead, or pier). Rg4a);/gh 4mr5c; CIlANnIGL Fort - d. Size of area to be graded or disturbed arQFLLL e. If the proposed project will disturb more than one acre of land, the Division of Land -If you plan to build a marina, also complete Resources must receive an erosion and sedimen- and attach Form DCM-MP-2. tation control plan at least 30 days before land b. Is the proposed activity maintenance of an ex- disturbing activity begins. If applicable, has a isting project, new work, or both? ,11-nJ sedimentation and erosion control plan been c.'eP l- - submitted to the Division of Land Resources? c. Will the project be for co (?} 'j, ? f ? ,., f ithin 75 feet f h G h .._ . ,. commercial use? I ? , . e tract w e percentage o t ive t lf' of mean high water to be covered by im- °8 j permeable surfaces, such as pavement, buildings, or rooftops. --------------- ---- 1 DEC 2 7 1988 g. List the materials, such as aver stone asphalt, or concrete, to be ?p`aec1?1-1, surfaces. -- ---- ----- -------_ h. If applicable, has a stormwater management plan been submitted to the Division of En- vironmental Management? i. Describe proposed sewage disposal and/or waste water treatment facilities. j. Have these facilities received state or local approval? k. Describe existing treatment facilities. b. Amount of material to be excavated from below water level in cubic yards c. Type of material SAnlb d. Does the area to be excavated include marsh- land, swamps, or other wetlands? No e. High ground excavation, in cubic yards 1 f. Dimensions of spoil disposal area Aro'tXboe't g. Location of spoil disposal area An12crtJT 91hd ,6/2ounLj To 4CGE55 c mtNrG h. Do you claim title to the disposal area? W i. If not, attach a letter granting permission from the owner. Will a disposal area be available for future maintenance? 1. vCs If so, where?. S,) 7ACCAT 141604 6ec1Jr+,8 Does the disposal area include any marshland, swamplland,lor water areas? Nn Will the fill material be placed below mean high water? W Amount of fill in cubic yards /S,, 1-5-e 't Type of fill material 6Mp Source of fill material FarAV,4TIIM6, Will fill material be placed on marsh or other wetlands? o Dimensions of the wetland to be filled N How will excavated or fill material be kept on site and erosion controlled? FRQTi}r-iJ n?rfs 1. Describe location and type of discharges to waters of the state (for example?surface runoff, k. sanitary wastewater, industrial/commercial effluent, or "wash down"). 1. M. n. m. Water supply source o. n. If the project is oceanfront development, describe the steps that will be taken to main- p. tain established public beach accessways or pro- q. vide new access. o. If the project is on the oceanfront, what will be the elevation above mean sea level of the first habitable floor? EXCAVATION AND''FILL i Z. r INFORMATION. a. Describe below the purpose of proposed excava- tion or fill activities (excluding bulkheads, which are covered in Section 7). Length Width Depth Access channel (MLW) or (NWL) Boat basin Other (break- water, pier, boat ramp, rock jetty) Fill placed in wetland or below MHW Upland fill areas toot cfo' -?' r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? _HYPPAuuL 121MzE ' bk)Ab PMU DOZER s. Will wetlands be crossed in transporting equip- ment to the project site? N4 If yes, explain the steps that will be taken to lessen en- vironmental impacts. 7 ? SHORELINE STABILIXATxQN,, a. Length of bulkhead or riprap 121A b. Average distance waterward of mean high water or normal water level rJ /4- c. Shoreline erosion during preceding 12 months, in feet =,'- 4' d. Type of bulkhead material tJ . 4 e. Amount of fill, in cubic yards, to be placed below mean high water tJ /A f. Type of fill material .4 //- 8 , ADDITIONAL INFORMATION ?:'..In addition to the completed application form, the following items must be submitted: A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected property. If the applicant is not claiming to be the owner of said property, then for- ward a copy of the deed or other instrument under which the owner claims title, plus written permis- sion from the owner to carry out the project. An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on 8 V2 x 11 white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if 16 high quality copies are provided by the applicant. (Contact the U.S. Army Corps of Engineers regard- ing that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency per- sonnel unfamiliar with the area to the site. Include county road (SR) numbers, landmarks, and the like. A stormwater management plan, if applicable, that may have been developed in consultation with the Division of Environmental Management. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit com- ments on the proposed project to the Division of Coastal Management. The applicant must advise the adjacent landowners of this opportunity by sen- ding a copy of the permit application to them by registered or certified mail. This notification is re- quired by G.S. 113.229(d). Name 112-6 . A LZA A . Keo2JCL- S Address 7TY 2tJ , l-C 7- 9579 Name me mmgS R K,"ccd Address P.o F--'-'k ?,C-4 Nrut r?` ?7 N C ?S'lC Name Address r?- 4 DEC 2 7 1988 A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. C14MA PF..emiT :0 4"R-X.f WR-W COMEP - DA7:169.30-Ps' A check for $100 made payable to the Depart- ment of Natural Resources and Community Development to cover the costs of processing the application. A signed AEC hazard notice for projects in ocean- front and inlet areas. A statement on the use of public funds. If the project involves the expenditure of public funds, at- tach a statement documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). 9 'CERTIFICATION .i D PERMISj SION'TO " ENTER O , AM Any permit issued in response to this application will allow only the development described in the application. The project will be subject to condi- tions and restrictions contained in the permit. I certify that to the best of my knowledge, the pro- posed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I further certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit ap- plication and follow-up monitoring of project. This is the V' day of cF.? gG2 19 Landowne4or Authorized agent Send the completed application.materials to the Division of Coastal Management Office nearest you and the U.S. Army Corps of Engineers. See the map on the inside front cover for the appropriate DCM office and addresses and phone number. ? N W U' V/ 0 0 r I wtit )? T ' E? rl-s' i. '31 i z?STim j PiEQy?J 4 n r u proposE0 qp' 4WAFJ11GL -3.r ' hRoU?D G ? ro hR?JCL tp' P^ 214 tL' ap R iaT ? ^j1'' _? ?O EEC 2 7 1988 51,!67 7. or3 ? y plG? L G2055 ?G7U/J Ci? ? - Az.) ?GoEh 5 G,b'h?N? ?G DEC?, 7"290 ------------------------ At r ucj -- - c PgpC?tp Ha7'1b+i ' 4z, 'ILL ,?un+o¢IZeD j3utx,c'dAD CPouc6A coNC.ccTa? 73 ScAtG 7-q P ict4? ?2os5cG"7'ionl C81- 5?1L A/Zr.4 EaC:Tlit?, Dirt Teo of Sf?o?L A4ATi'cN Diii6 7o 5rAtG ?? I?AL c?sSECTion! ?G, - cL) A?55 C,?'A?N?L lib u 677 P?bRGCC /ini?a.n 6f'??7 3 of 3 c.u. n. G,_z. 1 ^? :?;r.?? off. State of North Carolina Department of Natural Resources and Community Development Wilmincton Regional Office James G. Martin, Governor Bob Jamieson William W. Cobey, Jr., Secretary Regional Nlanacer DIVISION OF ENVIRONMENTAL MANAGEMENT February 14, 1989 Mr. Jerome Doherty Olde Point Associates Limited Partnership P.O. Box 249 Hampstead, NC 28443 Subject: Proposed Wetland Fill Project No. 8901-D Olde Point Subdivision Pender County Dear Mr. Doherty: The Wilmington Regional Office received your CAMA application on January 4, 1989. A preliminary review indicates that a 401 Water Quality Certification will be required from our division due to the proposed wetland fill. A 401 certification is required prior to issuance of a CAMA or 404 permit. Because of the many essential functions wetlands provide, including purification of surface and groundwater, any loss of wetlands as the result of filling activities is viewed by this office as degradation of water quality, and potentially, a loss of these essential functions wetlands provide. Your project, as proposed, will result in the loss of wetland areas. As a result, this office is requesting the following additional information be submitted within 30 days upon receipt of this letter: an alternate proposal that will eliminate or reduce the proposed fill in wetland areas; or submit an explanation of why such reductions are not possible and what mitigating factors we should consider to insure no net loss?o?. wetlands within the project area. -- 7225 Wrightsville Av'Cnne, WihnilIgton, N.C. 28403-3096 • Telephone 919-256-4161 An Ectual Optxn-ttmity Al irmative ALtion Fmhlover Mr. Jerome Doherty Page 2 Until this office receives your response, your proposal for a 401 Certification will be considered incomplete. Should you have any questions concerning this matter, please contact Jim Gregson, Donald Safrit or me at (919) 256-4161. Sincerely, U[iginal SI)ol -l by PRES70!i 110',.VAkU, iR A. Preston Howard, Jr., P.E. Regional Supervisor APH:JG:cwc cc: Bill Mills Chuck Wakild Jim Herstine Charles Hollis John Parker WiRO, CF