19930973 Ver 1_COMPLETE FILE_19931117

State of North Carolina
Department of Environment, T-T
Health and Natural Resources m;A
Division of Environmental Management
James B. Hunt, Jr., Governor
p E H N F1
Jonathan B. Howes, , Secretary
A. Preston Howard, Jr., P.E., Director
February 25, 1994
Mr. Albert Banadyga
8171 Buckhorn Circle
Port St. Lucie, Florida 34972
Dear Mr. Banadyga:
Subject: Proposed fill in Wetlands or Waters
Residential lot fill
Carteret County
DEM Project #93973
We have reviewed your request for 401 Water Quality Certification
to place fill material in 2700 square feet of wetlands or waters which
are tributary to Bogue Sound for residential lot fill located at 15
canal Drive in Carteret County as described in your submittal dated 27
January 1994. Based on this review, we have determined that the
proposed fill is covered by General Water Quality Certification No.
2733. A copy of the General Certification is attached. This
Certification is necessary for coverage under Corps of Engineers'
Nationwide Permit No. 18. This action completes DEM's review under
Section 401 of the Clean Water Act. Fill is allowed for a pad beneath
the house and a one entrance drive on the east side of the lot.
If this Certification is unacceptable to you, you have the right
to an adjudicatory hearing upon written request within thirty (30)
days following receipt of this Certification. This request must be in
the form of a written petition conforming to Chapter 150B of the North
Carolina General Statutes and filed with the Office of Administrative
Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. Unless such
demands are made, this Certification shall be final and binding.
If you have any questions, please contact John Dorney at 919-733-
1786.
Sincerely,
res and r. P.E.
Ak
93973.1tr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
Mr .. John D:orney;
Central Files
Paula Patterson; Spectrum Resort Properties
P.O% Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
MEMORANDIJM PRINT NAMES:
Reviewer:"
TO: John Dorney WQ Supv.:
Planning Branch DATE: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) **
PERMIT YR: 93 PERMIT NO: 0000973 COUNTY: CARTERET
APPLICANT NAME: ALBERT BANADRGA
PROJECT-TYPE: RESIDENTIAL FILL PERMIT-TYPE: NW13
COE_# : DOT-j:
RCD_FROM_CDA: APP DATE_FRM_CDA: 11/15/93
REG_OFFICE: WIRO RIVER--AND-SUB-BASIN-#:
STREAM-CLASS: STR_INDEX_NO:
WL IMPACT?: YIN WL TYPE:
WL_REQUESTED: WL_ACR_EST?: YIN
WL SCQRE(#): WATER IMPACTED BY FILL?: YIN
HYDRO CNECT?: YIN MITIGATION?: YIN
MITIGATION-TYPE: MITIGATION-SIZE:
IS WETLAND RATING SHEET ATTACHED?: YIN
RECOMMENDATION (Circle One):`ISSU. SSUE/COND DENY
COMMENTS:
C
. w w n A 4 w i /

cc: Regional Office
Central Files

V
ON
SPECTRUM
Resort Properties, Inc.
Resort Rentals • Sales • Properly Management
January 27, 1994
Mr. John Dorney
Department of Environment,
Health and Natural Resources
Post Office Box 29535
Raleigh, NC 27626-0535
Dear Mr. Dorney:
I am writing on behlf of Mr. Albert Banadyga, the owner of 15 Canal Drive, a lot in
Emerald Isle zoned residential. At this time, Mr. Banadyga, has received preliminary
approval for a two bedroom septic permit and would like to sell the lot to Mr. Richard
Johnson.
Mr. Johnson would like to build a cottage as close to the road as possible, allowing for
town setback requirements and the installation of the septic system per county
requirements. I have discussed with him your request per your letter dated 12/14/93,
"specifically can the house be built on stilts without fill beneath the house and with a one
entrance drive?"
Mr. Johnson is totally agreeable to the one entrance drive, however he feels that the house
needs to have a concrete slab under it. The slab provides parking and protection for his
vehicle and an acceptable quality of life for his family. The house will be kept as close to
the road as possible to minimize the impact to the wetlands.
Thank you for your attention to this matter. If you have any questions, please contact me
at 1-800-682-3423.
Sincerely,
Paula Z. Patteson
Agent
7413 Emerald Drive, Emerald Isle, NC 28594 • FAX [phone]
RENTALS SALES
919-354-3040 919-354-3070
800-367-3381 800-682-3423
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FAX NUMBER' ~7 3 :? --
COMPANY:°
SPECTRUM*
Resort Properties, Inc.
7413 Emerald Drive, Emerald Isle, NC 28594
Salos 919.354-3070 * Rentals 919-354-3040
Construction 919-354-2787 * FAX [phone]
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January 27, 1994
Mr. John Dorney
Department of Environment,
Health and Natural Resources
Post Office Box 29535
Raleigh, NC 27626-0535
Dear Mr. Dorney:
Feb. 22 1994 02:11PH P02

I am writing on behlf of Mr. Albert Banadyga, the owner of 15 Canal Drive, a lot in
Emerald Isle zoned residential. At this time, Mr. Banadyba, has received preliminary
approval for a two bedroom septic permit and would like to sell the lot to Mr. Richard
Johnson.
Mr. Johnson would like to build a cottage as cl:,s: to the. road as possible, all; wing for
town setback requirements and the installation of the septic system per cou:,ty
requirements. I have discussed with him your request per your letter dated 12/14/93,
"specifically can the house be built on stilts without fill beneath the house and with a one
entrance drive?"
Mr. Johnson is totally agreeable to the one entrance drive, however he feels that the house
needs to have a concrete slab under it. The slab provides parking and protection for his
vehicle and an acceptable quality of life for his family. The house will be kept as close to
the road as possible to minimize the impact to the wetlands.
Thank you for your attention to this matter. If you have any questions, please contact me
at 1-800-682-3423.
Sincerely,
Paula Z. Patteson
Agent
s
State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
P.O. Box 29535
Raleigh, North Carolina 27626-0535
Training and Certification Unit
Wetlands and Technical Review Group
FAX # [phone]
TELECOPY TO:
FAX
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FROM: PHONE: t L ??
NUMBER OF PAGES, INCLUDING THE COVER SHEET:
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TELEPHONED PLEASE CALL
CALLED TO SEE YOU WILL CALL AGAIN
WANTS TO SEE YOU URGENT
RETURNED YOUR CALL
Message
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Signed
N.C. Dept. of Environment, Health, and Natural Resources
1v3 Printed on Recycled Paper
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RETURNED YOUR CALL
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Signed
N.C. Dept. of Environment, Health, ?an/dNatural Resources
`--?^o...: -Ann Aw-•rlwrf Pa er
SPECTRUM
Resort Properties, Inc.
Resort Rentals • Sales • Property Management
January 11, 1994
Mr. John R. dorney
Environmental Management
Post Office Box 29535
Raleigh, North Carolina
Dear Mr. Dorney:
27626-0535
Re: Mr. Albert Banadyga
At this time, we would like to request additional time to
prepare our response to your letter to Mr. Banadyga dated
December 14, 1993. With the holidays and the fact that the
letter was only mailed to Mr. Banadyga, who is now residing
in Florida, we have not had sufficient time to address your
questions.
If at all possible, it would be greatly appreciated if you
can copy all correspondence to the address on the letterhead
to my attention. Thank you for your attention to this
matter.
Sincerely,
Paula Z. Patteson
cc: Richard Johnston
7413 Emerald Drive, Emerald Isle, NC 28594 • FAX [phone]
RENTALS SALES
919-354-3040 919-354-3070
800-367-3381 800-682-3423

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State of North Carolina
Department of Environment,
Health and Natural Resources • •
Division of Environmental Management
James B. Hunt, Jr., Secretary [D E H N F=1
Jonathan B, Howes, , SecreLata
A. Preston Howard, Jr., P.E., Director
December 14, 1993
Mr. Albert Banadyga
8171 Buckhorn Circle
Port St. Lucie, Fl. 34972
Project #93973
Carteret County
Dear Mr. Banadyga:
The Division of Environmental Management, Water Quality
Section has reviewed your plans for wetland fill for 3,700 square
feet of water and wetlands at lot 15, Canal Drive, Emerald Isle
in Carteret County for residential lot fill. Based on this
review, we have identified significant uses which would be
removed by this project. These are water storage, pollutant
removal, wildlife habitat and aquatic life habitat. Furthermore,
insufficient evidence is present in our files to conclude that
your project must be built as planned. Therefore, we are moving
toward denial of your 401 Certification.
Please provide us with information supporting your position
that your project must be constructed in wetlands. Specifically
can you construct your residence on stilts without fill beneath
the house and with a one entrance drive? Any documentation such
as maps and narrative which you can supply to address upland
alternatives may be helpful in our review of your 401
Certification. Please respond within two weeks of the date of
this letter.
If you have any questions, please call me at 919/733-1786.
Sincerely,
J hn R. orne
93973.wet
cc: Wilmington DEM Regional Office
John Parker, Coastal Management
Wilmington Office COE
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
December 16, 1993
Mr. Albert Banadyga
8171 Buckthorn Circle
Port St. Luice, FL 34952
XLT."5
al 0
ID FE F1
DEC !
RE: DEM ID# 93973, Nationwide Permit Application for an
activity located in the Town of Emerald Isle, Carteret
County.
Dear Mr. Banadyga:
The North Carolina Division of Coastal Management has reviewed the
above referenced application for a Nationwide Permit dated October
16, 1993 pursuant to Section 307 of the Coastal Zone Management Act
of 1972 as amended. Based upon our review, we have determined that
the proposed activity is consistent with the North Carolina Coastal
Management Program provided the following conditions are met:
1. The activity described in the above referenced
application qualifies to receive one of the Nationwide
Permits described in 33 CFR Part 330 with the exception
of Numbers 17, 21, 24, and 34 which were found inconsis-
tent with the North Carolina Coastal Management Program.
2. A 401 Water Quality Certification is received, where
required, from the North Carolina Division of
Environmental Management.
This letter does not relieve you of the responsibility to insure
that all other State authorization and/or permit requirements are
met prior to implementation of the project. Please feel free to
contact me at [phone], Ext. 263, if you have any questions
or need further assistance.
Sincerely,
6" S-
Charles S. J s
District Manager
cc: Preston P. Pate, Jr.
Steve Benton, Consistency Coordinator
Wilmington District Engineer; ATTN: CESAW-CO-E
John Dorney, DEM/Raleigh
Paula Patteson, McNeill Spectrum, Inc.
P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier #11-12-09
Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
Project name

.
Hydrologically Isolated
Wetland type (select one) 0,- Other v " . ` , "'I ' °` ; ' •
? Swamp forest ? Shoreline t •
? Bottomland hardwood forest ? Brackish marsh
? Carolina bay ? Freshwater marsh •
? Bo Fen °
? P nesavannah ? Eph meral wetland
? Wet flat ;
The rating system cannot be applied to salt marshes.
Water storage sum
>>«r><
Bank/Shoreline stabilization x 4.00 = •
Pollutant removal

Sensitive watershed

x 1.50
t1and
Wedand .

score
score
Travel corridor
Special ecological attributes `'<>
*
50
1
Wildlife habitat x
.
=
Aquatic Irfe value >: :< » >
Recreation/Education
>> <::><: ;<> x 0.25 =
Economic value
:
.. • • • • . • .. • . .. a ........:: :: l::. ..f:.• .... • . • .. 1 e ... ..... . .... . . . .
49

County Wetland area_ acres Wetland width feet
Name of evaluator Date
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IZEM to. ACTION 1D:
• Nationwide Permit Requested (Provide Nationwide Permit f!): NWP 18
JOiNI' FORM FOR
Nationwide permits that require notification to the Corps of Engineerg
Nationwide permits that require application for Section 401 certi[icatiofi
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL IvIA14AGEMENf
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT
HEALTH

P.O. Box 1890 ,
,
AND NATURAL RESOURCES
Wilmington, NC 28402-1890 P.O. Bo.: 29535
ATTN, CESAW-CO-E RAI iggh. NC 27626-0535
Telephone [phone] ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOO' LD BE SENT TO THE CORPS OF ENGINEERS.
SEVEN (7 COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PL13ASI3 PItW r
1. Owners Namb: Albert. Banadiga
2. Owners Address: 8171 Buckthorn Circle-, Port St. Lucie, FL 34952
3. Owners Phone Number (1[oh*)! • 407-879-2691 (Wotk): unknown
4. If Applicable: Agent's namb of tegpongibl6 corporate official, lddrtss, phone hbmbet:
Paula Z. Patteson
t?
McNeill Spectrum, Inc. Emerald-Isle,-NC-28594
7413 Emerald Drive 800-682-3423' _
S. Location of *otk (MUST ATTACH MAP). Counly: Carteret
Nearest 't'own or City: Emerald Isle
Specific Location (Include toad numbers, landmarks, etc.): Higbway 58 East,` left on Pinta Drive
Left on Canal Drive. Last lot on right.
6. Name of Closest StreamMver: _ Bogue Sound
7. River Basin: n /a
A. Is this ptojtct loclMd In a wAtt"kd 'classified, as-'trout, SA, HQW, ORW, WS 1, or WS It? YES [ 7j NO [ 1
9. Have any Section 404 permits been previously requested for use on this property? YES [ [ NO [)I
if yes, explain. n / a
10. Estimated total number of Acres of waters of the U.S., including wetlands, located on project site:
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: _ 3, 70v
i?> nl /,g .
Flooded: IJ
Excavated-
Total Impacted: 3, 7 00 S?
12. Description of proposed work (Attach PLANS-$ 1!2" X 11" drawings only): See attached.
Fill needed to build house and drive.
13. Purpose of proposed,work: - To build single. family home.
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken tominimize'wetlandimpacls._The lot is in a res_idental subdivision and
the main activity will be to the back of the lot by the street.
15. You are required to contact (lie U.S. Fish and Wildlife Service (t1SPWS) and/or National Marine Fisheries Service
(NMPS) regarding the presence or any Federally listed or proposed for listing endangered or threatened she iPS or critical
habitat in the permit area that may be affected by th6 proposed project. [lave you done so7 YES [) NO [ J
RESPONSES FROM THE USPWS AND/OR NMFS SHOULD gE PORWARDED To CORPS.
16. Yod are required to contact the State [iistoric Preservation Officer (S1[I'O) regarding the presenT of historic
properties In die permit area which may be aITected by the proposed project? Have you done so7 YES l 1 NO [ 1
PtssPoN$g MoM 73413 S4Po S40tiLb b13 PokWARDED To CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property.
g. if available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by i consultant, include all data sheets relevant to the placement of the
delineation line.
D. if a stormwater management plan is required for this project, attach copy.
E. What is land use of surrounding property? Residential homes.
F. It applicable, what is proposed inethod of sewage disposal? Low pressure pump system.
Modification letter on file.
R
Owner's Signet Albtrt adyga bate
Mrs. Geraldine Bana vQa.-'/? f'

of cKS ! N?Sc = //oO s.r. 1
Torft F/LL ? 358?5?
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,l40 919-393 -2129 (Fax)919-393-3075
McNeill
spectrum, Inc.
RESORT RENTALS • REAL ESTATE • CONSTRUCTION
November 12, 1993
N.C.D.E.H.N.R.
Attn: Jim Gregson
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
Dear Mr. Gregson:
I have been working with Scott McLendon of the Army Corp. of
Engineers in reference to Lot 15 Canal Drive in Emerald
Isle, North Carolina. Enclosed are seven (7) copies of
Nationwide Permit 18 for Albert Banadyga, the current owner
of the lot. Seven copies have also been forwarded to the
N.C.D.E.H.N.R. in Raleigh, Attention: Mr. John Dorney.
Please contact me if you have any questions concerning this
application or if you need any further information.
SiI/ncere^ly,
I J
Paula Z. Patt son
Agent
cc: Scott McLendo
John Dorney
.7413 Emerald Drive, Emerald Isle, NC 28594 • FAX [phone]
RENTALS SALES CONSTRUCTION
919-354-3040 919-354-3070 919-354-2787
80o-367-3381 800-682-3423 800-682-3423