19930440 Ver 1_COMPLETE FILE_19930621

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO June 25, 1993
Regulatory Branch
0 V NM
WLTLP,;'
WATER 0!
Action ID No. 199302627 and Nationwide Permit No. 14 (Road Crossing)
Ken and Barbara Frengs
c/o Mr. Wayne Ragland
120 Balsam Road
Jacksonville, North Carolina 28546
Dear Mr. & Mrs. Frengs:
Reference your application of May 22, 1992, for Department of the Army
(DA) authorization to construct an access road impacting 0.01 acre of wetland
adjacent Topsail Sound on your property located at Lot No. 43 in the Pleasant
Cove Subdivision near Surf City, ) t4Zr County, 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 (NWP.
Authorization, pursuant to Section 10 of the Rivers and Harbors Act of 1899
and Section 404 of the Clean Water Act, was provided for fills for roads
crossing waters of the United States (including wetlands and other special
aquatic sites) provided:
a. The width of the fill is limited to the minimum necessary for the
actual crossing;
b. The fill placed in waters of the United States is limited to a filled
area of no more than 1/3 acre. Furthermore, no more than a total of 200
linear feet of the fill for the roadway can occur in special aquatic sites,
including wetlands;
C. The crossing is culverted, bridged or otherwise designed to prevent
the restriction of, and to withstand, expected highflows and the movement of
aquatic organisms;
d. The crossing, including all attendant features, both temporary and
permanent, is part of a single and complete project for crossing of a water of
the United States; and
e. For fills in special aquatic sites, including wetlands, the permittee
notifies the District Engineer (DE) in accordance with the "Notification"
general condition.
1.
-2-
Your work is authorized by this NWP provided it is accomplished in strict
accordance with the enclosed conditions and provided you receive a Section 401
water quality certification from the North Carolina Division of Environmental
Management (NCDEM) and, in the coastal area, a consistency determination from
the North Carolina Division of Coastal Management (NCDCM). You should contact
Mr. John Dorney, telephone [phone], regarding water quality
certification, and Mr. Steve Benton, telephone [phone], regarding
consistency determination. This nationwide permit does not relieve you of the
responsibility to obtain other required State or local approval.
This verification will be valid for 2 years from the date of this letter
unless the nationwide authorization is modified, reissued or revoked. Also,
this verification will remain valid for the 2 years if, during that period,
the NWP authorization is reissued without modification or the activity
complies with any subsequent modification of the NWP authorization. If during
the 2 years, the NWP authorization expires or is suspended or revoked, or is
modified, such that the activity would no longer comply with the terms and
conditions of the NWP, activities which have commenced (i.e., are under
construction) or are under contract to commence in reliance upon the
nationwide permit will remain authorized provided the activity is completed
within 12 months of the date of the NWP expiration, modification or
revocation, unless discretionary authority has been exercised on a
case-by-case basis to modify, suspend or revoke the authorization.
Questions or comments may be addressed to Mr. Rudolf Schiener, Wilmington
Area Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
Mr. Steve Benton
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Bob Stroud
Wilmington,Regional Office
NCDCM
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
John Dorney
Water Quality Section
Division of Environmental
North Carolina Department
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina
Management
of
27611-7687
State of North Carolina
Department of Environment,
Health and Natural Resources ` • •
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, , Secretary
p E H N F=1
A. Preston Howard, Jr_ P.E., Director
May 26, 1993
Ken & Barbara Frengs
18900 Clover Hill Lane
Olney, MD 20832
Dear Mr.& Mrs. Frengs:
Subject: Proposed fill in Wetlands or Waters
Road crossing
Pender County
DEM Project # 93440
Upon review of your request for 401 Water Quality Certificftion to place fill material in
0.01 acres of wetlands or waters which are tributary to Topsail Sound for road crossing
located at NC Hwy 50 West of Surf City in Pender County, as described in your, submittal
dated 20 May 1993, we have determined that the proposed fill can be covered by General
Water Quality Certification No. 2732 issued January 21, 1992. A copy of the General
Certification is attached. This Certification may be used in qualifying for coverage under
Corps of Engineers' Nationwide Permit No. 14.
If you have any questions, please contact John Dorney at 919-733-1786.
Sincerely,
rbston Howard, Jr. P
93440.Itr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
Mr. John Dorney
Central Files
R0. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
. `, DEM ID: ?3v?Lb ACTION ID:
NATIONWIDE PERMIT REQUESTED (Provide Nationwide Permit #): 14
JOINT FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE CORPS OF ENGINEERS
NATIONWIDE PERMITS THAT REQUIRE APPLICATION FOR SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
PO BOX 1890
WILMINGTON NC 28402-1890
ATT: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT TH
AND NATURAL RESOURCES
PO BOX 29535 ?'J lG
RALEIGH NC 27626-0535
ATE MR JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF El"NOM
COPIES SHOULD BE SENT TO THE NC DIVISION OF ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
(7)
1. OWNERS NAME: Ken & Barbara Frengs
2. OWNERS ADDRESS: 18900 Clover Hill Lane Olney MD 20832
3. OWNERS PHONE #: (HOME) 301-681-0550 MRN 301-570-0517
4. IF APPLICABLE: AGENTS NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE.
AGENT: Wayne Ragland ASLA CPSS REHS 919-347-9036
120 Balsam Road
Jacksonville NC 28546
5. LOCATION OF WORK (MUST ATTACH MAP). (See attached EXHIBIT MAP #1) Lot 43 Pleasant Cove S/D. Surf City. NC
COUNTY: Pender NEAREST TOWN OR CITY: Surf City
SPECIFIC LOCATION (INCLUDE ROAD #S, LANDMARKS ETC): NC Highway 50 West of Surf City, proceeding
West turn right on Elizabeth Street at dead end turn left and proceed - 350' and turn right at Sound
Court, lot left of center at cul-de sac.
6. NAME OF THE CLOSEST STREAM / RIVER: Topsail Sound
7. RIVER BASIN: Topsail Sound (DEM designation. Cape Fear River Basin).
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW, WS 1, OR WS 2.
YES(X) NO( )
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY?
YES( ) NO(X)
IF YES, EXPLAIN
10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE US, INCLUDING WETLANDS, LOCATED ON
PROJECT SITE: 1.32 acres wetlands. Lot size - 1.52 acres.
1 of 3
r
11. NUMBER OF ACRES OF WATERS OF THE US, INCLUDING WETLANDS, IMPACTED BY THE PROPOSED PROJECT:
FILLED: m414 square feet
DRAINED: 0
FLOODED: 0
EXCAVATED: 0
TOTAL IMPACTED: m414 mom feet l o ""
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS - 8 1/2"*11" DRAWINGS ONLY): (See EXHIBIT MAP #11
Fill and foundation material for placement of driveway to access upland building site and conform to
minimum building setback requirements
13. PURPOSE OF PROPOSED WORK: Detached single family residential structure.
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS.
ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS.
Access preferred building location and obtain seperation from street
15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE (USFWS) AND/OR NATIONAL MARINE
FISHERIES (NMFS) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING
ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED
BY THE PROPOSED PROJECT. HAVE YOU DONE SO?
YES(X) NO( )
RESPONSES SHOULD BE FORWARDED TO THE CORPS
Application mailed concurrently to National Marine Fisheries Service, Habitat Conservation Division,
Pivers Island, Beaufort, NC 28516. Telephone [phone].
16. YOU ARE REQUIRED TO CONTACT THE HISTORIC PRESERVATION OFFICER (SHPO) REGARDING THE
PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED
PROJECT. HAVE YOU DONE SO?
YES(X) NO( )
RESPONSES SHOULD BE FORWARDED TO CORPS
Application mailed concurrently to State Historic Preservation Office, NC Division Of Archives And
Histgy,109 East Jones Street, Raleigh, NC 27601.
17. ADDITIONAL INFORMATION REQUIRED BY DEM:
A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND LAKES ON PROPERTY.
See attached EXHIBIT MAP #1 showing wetlands location & Exhibit #2. the August 21, 1992 Army
Corps Of Engineers letterspecifying expiration date for the approved wetland delineation for the
su a'W subdivision.
B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT.
No photographs available.
C. IF DELINEATION IS PERFORMED BY CONSULTANT, INCLUDE ALL RELEVANT DATA SHEETS.
Delineation performed by Dave Dumond. Data forms not available.
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D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH A COPY,
Low density ppt.lon approval obtall edby John L Pierce-Surveying for this subdiv sion, _
E. WHAT IS LAND USE OF SURROUNDING PROPEf4TY?
Exosting and gro sod detaahed sIn e family r
2f. IF A"UCABLE, WHAT IS PROPOSED METHOD OF SEWAQE DISPOSAL?
§urf c& r
ownor'3 4nat date
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO August 21, 1992
Regulatory Branch
Action ID. 1992d0528
Mr. John Pierce
John L. Pierce Surveying
P. 0. Box 1685
409 Johnson Blvd.
Jacksonville, North Carolina 28541
Dear Mr. Pierce:
Reference my letter of July 28, 1992, to Mr. Gene Murray regarding the
expiration of the jurisdictional determination made by this office by letter
of June 23, 1988, sent to Mr. R. T. Griffin, Lanier Development Corporation,
for the property now known as Pleasant Cove Development, Inc. near Surf City,
Pender County, North Carolina.
As a result of our recent conversations with you and the letter of August
10, 1992, from your attorney, Mr. Charles Lanier, we have determined that
"substantial resources have been expended or committed" based on our previous
(June 23, 1988) jurisdictional determination. Following consultation with our
Division headquarters and the Office of the Chief of Engineers, we have been
informed that we should grant additional time for reliance upon this previous
determination in accordance with Regulatory Guidance Letter 90-06, August 14,
1990. A subsequent discussion of the additional time between your attorney,
Mr. Lanier, and our attorney, Ms. Brooke Lamson, resulted in an agreement that
an extension of time until June 23, 1993, would be granted for reliance upon
the determination confirmed on June 23, 1988. This would be a total of five
years for reliance upon the old determination.
After June 23, 1993, this office should be contacted by any property owner,
within the subdivision proposing to develop a lot to obtain a new
jurisdictional determination on the lot. We advise that you inform all
present property owners and any future buyers of this requirement.
Thank you for your cooperation in this matter and if there are any
questions, please contact me, telephone [phone].
Sincerely,
?a • ?? Z.I?Q?
G. Wayne Wright