HomeMy WebLinkAbout19910063 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:
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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.