HomeMy WebLinkAbout19920603 Ver 1_COMPLETE FILE_19921130I
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
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.. . . %
DIVISION OF
MEMORANDUM
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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
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01:
1
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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.-