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Home My WebLink About19910063 Ver 1_COMPLETE FILE_19910202 State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. Martin, Governor William W. Cobey, Jr., Secretary January 10, 1992 Regional Offices Mr. J. David. Waller Asheville Gull Isle Realty 704/251-6208 post Office Drawer 550 George T. Everett, Ph.D. Director Fayetteville Atlantic Beach, North Carolina 28512 919/486-1541 Mooresville Dear Mr. Waller: 704/663-1699 Subject: Proposed Fill in Headwaters or Isolated Wetlands Raleigh Live Oak Forest development, Pine Shores 919/733-2314 Carteret County Washington Project 91799, COE# 199200143 919/946-6481 Wilmington Upon review of your request for Water Quality Certification 919/395-3900 to place fill material in. less than one acre of wetlands for Winston-Salem residential development located at Pine Knoll Shores in Carteret 919/896-7007 County, we have determined that the proposed fill can be covered by General Water Quality Certification No. 2176 issued November 4, 1987. A copy of the General Certification is attached. This Certification may be used in qualifying for coverage under Corps of Engineers' Nationwide Permit No. 26. If you have any questions, please contact John Dorney at 919/733-5083. Sincerely, e,rge T. Everett GTE:JD Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Regional Office Wilmington DEM Regional Office Mr. John Dorney Central Files P.O. Bo. 29535, Raleigh, North Carolina 2 7626-05 3 5 Telephone 919-733-7015 / Pollution Prevention Pays An Equal Oppextunity Affirmative Acti-m Finplnver 4 DIVISION OF ENVIRONMENTAL MANAGEMENT MEMORANDUM Date: December 12, 1991 To: Planning Branch From: James H. Gregsowr Wilmington *Reonal Office Through: Dave Adkins Wilmington Office C2 ? I "F,-.,r. ?9t9 cam., f 40% Subject: Regional Office Review and Recommendations Application for Permit for Excavation and/or Fill Mr. J. David Waller Central Office Permit #91799 Carteret County PROJECT DESCRIPTION: The applicant proposes to fill less than one acre of isolated wetlands associated with the development of a 7.97 acre tract near Bogue sound. ADJACENT WATER BODY: Isolated CLASSIFICATION: 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. 2176 for isolated wetlands. 3. A stormwater management plan was approved for this project on January 10, 1990. This office has no objection to the project as proposed. cc: Wilmington Regional Office Files Central Files DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 284024890 IN REPLY REFER TO Regulatory Branch October 28, 1991 Permit No. 2 Action ID. 199200143, Nationwide Mr. J. David Waller Gull Isle Realty Post Office Drawer 550 Atlantic Beach, North Carolina (?r 9)i -7.7v - o4a% 28512 X1(771 ?Q? i l-l y"? I g91 t 2 Z- ? ?i?/90 ,7771?z-, D r Mr. Waller: This is in regards to your inquiry MMconcerning p ' s to,:.diNelop rtions of a 7.97 acre tract of land located near Bogue Sound, i ( e Kn, ores, Carteret County, North Carolina. In order to develop You plan to fill less than an acre of isolated wetlands. The work may be authorized by our Nationwide Permit Number 26. For the purposes of the Corps of Engineers' Regulatory Program, Title 33, Code of Federal Regulations (CFR), Part 330, published in the Federal Register on November 13, 1986, lists nationwide permits. Authorization was provided for discharges of dredged or fill material into non-tidal rivers, streams, and their lakes and impoundments, including adjacent wetlands, that are located above the headwaters and other non-tidal waters of the United States, including adjacent wetlands, that are not a part of a surface tributary system to interstate waters or navigable waters of the United States. This general authorization is valid only for work that causes the loss or substantial adverse modification of less than an acre of wetlands. Your work is authorized by nationwide permit provided it is accomplished in strict accordance with the enclosed conditions. The nationwide permit does not relieve you of the responsibility to obtain any required State or local approval. This verification will be valid until the nationwide permit is modified, reissued or revoked. All nationwide permits are scheduled to be modified, reissued or revoked prior to January 13, 1991. It is incumbent upon you to remain informed of changes to the nationwide permits. We will issue a public notice announcing changes when they occur. Furthermore, if you commence or are under contact to commence this activity before the date the nationwide permit is modified or revoked, you will have 12 months from the date of the modification or revocation to complete the activity under the present terms and conditions of this nationwide permit. ai A -2- We also want to take this opportunity to inform you about a change in our regulations that may affect the original wetland delineation done by this office on the property in June of 1989. On August 17, 1991, the 1992 Energy and Water Development Appropriations Act (Act) became law and invalidated jurisdictional determinations made pursuant to the January 1989 "Federal Manual for Identifying and Delineating Jurisdictional Wetlands" (1989 Manual). Delineation of wetlands-on your property was made using this document. Pursuant to guidance from the Chief of Engineers,_Directorate of Civil Works, wetland delineations, subsequent to August 17, 1991, must be made utilizing the 1987 "Corps of Engineers Wetlands Delineation Manual" (1987 Manual) and those made prior to August 17, 1991, where no permit was issued, must be reviewed . We have investigated your file, and we have made an initial determination that our regulatory jurisdiction on your property, which resulted in our decision to issue you a Nationwide Permit Number 26 in June of 1989, would be substantially the same under either the 1987 or 1989 Manual. The purpose-of this letter is to consult with you and other appropriate parties to verify this opinion. Please provide us, within 20-days of the date of this letter, any written comments or other information which you may wish to have considered regarding this initial determination. After the expiration of this time period, we will consider any comments received and make a final determination on whether the current delineation will be binding. Questions or comments may be addressed to Mr. Steve Chapin, Regulatory Branch, telephone (919) 251-4725. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure Copies Furnished (without enclosure): Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. Jim Gregson Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Mr. Larry Baldwin Land Management Group, Incorporated Post Office Box 2522 Wilmington, North Carolina 28402 •?3 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO Regulatory Branch Action ID. 199200143, October 28, 1991 Nationwide Permit No. 2 Mr. J. David Waller Gull Isle Realty post office Drawer 550 Atlantic Beach, North Carolina 28512 Dear Mr. Waller: v P Q ?? < tcf%.d'?,velr" This is in regards to your inquiry concerning p e Kno? a 7.97 acre tract of land located near Bogue Sound, I in order to elo Carteret County, North Carolina. isolated wetlandsdevThepworkmay be to fill less than an.acre of our Nationwide Permit Number 26. ions of 'y ?711VLC.?, y, you plan. authorized by ram, Title 33, For the purposes of the Corps of Engineers' Regulatorytprog g Code of Federal Regulations (CFR), Part 330, published on November 13, 1986, lists nationwide permits. Authorization was provided for discharges of dredged or fill material into non--tidal rivers, streams, and their lakes and impoundments, including adjacent wetlands, that are located above the headwaters and other non-tidal waters of the United States, including adjacent wetlands, that are not a part of a surface tributary system to interstate waters or navigable waters of the United States. This general authorization is valid only for work that causes the loss or substantial adverse modification of less than an acre of wetlands. Your work is authorized bynationwide conditionsprovided nationwidecpermithdoes in strict accordance with the enclosed not relieve you of the responsibility to obtain any required State or local approval. This verification will be valid until the nationwide permit is modified, reissued or revoked. All nationwide permits are scheduled to be modified, reissued or revoked prior to January 13, 1991. It is incumbent upon you to remain informed of changes to the nationwide permits. We will issue a eu lic notice announcing changes when they occur. Furthermore, if you commenc or activity from the date oflthe are under contact to commence this permit is modified or revoked, you present terms modification or revocation to complete the activity under the and conditions of this nationwide permit.