19940756 Ver 1_COMPLETE FILE_19940812

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
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September 16, 1994
Beaufort County
DEM Project # 94756
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Brantley Tillman
Harbour Pointe Associates, Inc.
c/o Commercial Properties Inc.
1648F North Market Drive
Raleigh, North Carolina 27609 FILE COPY
Dear Mr. Tillman:
You have our approval to place fill material in 0.12 acres of wetlands or waters for the
purpose of road crossing construction at Pungo River and Upper Dowry Creek near Commodore
Point Road, as you described in your application dated 12 August 1994. After reviewing your
application, we have decided that this fill is covered by General Water Quality Certification
Number 2732. This certification allows you to use Nationwide Permit Number 14 when it is issued
by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application.
If you change your project, you must notify us and you may be required to send us a new
application. For this approval to be valid, you must follow the conditions listed in the attached
certification. An additional condition is that wetland fill shall not be allowed on lot # 7. In
addition, you should get any other federal, state or local permits before you go ahead with your
project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 30 days of the date that you receive this letter. To ask for a hearing,
send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to
the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification
and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Environmental Management under Section
401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-
1786.
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Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional Office
Mr. John Dorney
Central Files
Charlie Hollis
94756.1tr
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
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COMMENT,,-I:
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State of North Carolina
Department of Environment,
Health and Natural Resources A74J;*
Division of Coastal Management
James B, Hunt, Jr_ Governor p? H N 1?
Jonathan B, Howes, Secretory
Roger N, Schecter, Director
Harbour Pointe Associates, Inc.
Attn: Brantley Tillman
C/O Commercial Properties, Inc.
1648F North Market Drive
Raleigh, North Carolina 27609
Dear Mr. Tillman:
31 August 1994 p
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REFERENCE: DEM ID 94-756
Nationwide Permit for an
Activity Located in Beaufort
County, North Carolina
The North Carolina Division of Coastal Management has reviewed the above
referenced application for a Nationwide Permit dated 5 August 1994 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 application qualifies to receive
one of the Nationwide Permits described in 33 CRF Part 330 with the
exception of Numbers 17, 21, 24 and 34 which were found inconsistent
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 ensure 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]
if you have any questions or need further assistance.
Sincerely,
Te y E. Moore
District Manager
Division of Coastal Management
Washington Regional Office
TEM/pp
cc: Steve Benton - Federal Consistency Coordinator, DCM, Raleigh
Aohn Dorney - Water Quality Section, DEM, Raleigh
Charlie Hollis
Wilmington District Engineer
ATTN: CESAW-CO-E
1424 Carolina Avenue, Washington, North Carolina 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
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?? - f? "° WETLANDS GROUP
????•'`?' WATER QUALITY SECTION,__
0 North Carolina Wildlife Resources Commission 0
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John Dorney
Water Quality Section
Division of Environmental Management, DEHNR
U'1'- A 7:171f
FROM: Franklin T. McBride, Manager
Habitat Conservation Program
Date: August 24, 1994
Subject: Nationwide 401 Permit Application for Harbour Pointe Associates, INC., Charlie
Hollis-Agent, Upper Dowry Creek and Pungo River, near Belhaven, Beaufort
County, North Carolina. (Project # 94756)
Staff biologists with the North Carolina Wildlife Resources Commission have reviewed
the project and associated impacts on wildlife and fishery resources in the area. An onsite
investigation was conducted on August 22, 1994. Our comments are provided in accordance with
provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et
seq.), and Section 401.b of the Clean Water Act of 1977 (as amended), and North Carolina
General Statutes (G.S. 113-131 et seq.).
The applicant is proposing to fill 0.12 acres of wetlands to construct a street and driveway
to provide access to several high ground lots in a residential subdivision. The subdivision has
been designed to minimize the need to fill wetlands other than those for high ground access.
The concern of this agency is Lot #7, which is almost entirely composed of wetlands.
This project will provide direct access to the lot. Development of almost any nature on Lot #7
will result in the loss of more wetland acreage. This agency recommends that Lot #7 be used as
mitigation for the loss of wetlands due to the construction of the street and driveway. It is also
recommended that permeable materials be used for the construction of the street and driveway.
This agency would not object to the project if these recommended modifications are included.
Thank you for the opportunity to comment on this project. If you have any concerns
about our comments, please contact Brad E. Hammers at (919)-939-1167.
cc: Bennett Wynne, Fisheries Coordinator
Brad E. Hammers, District 2 Fisheries Biologist
Bobby Maddrey, District 2 Wildlife Biologist
F,
DEM ID: ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): / el
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 WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, HEALTH,
P.O. Box 1890 AND NATURAL RESOURCES
Wilmington, NC 28402-1890 P.O. Box 29535
ATTN: CESAW-CO-E Raleigh, NC 27626-0535
Telephone [phone] ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: - HARBOUR POINTE ASSO TA FS, TN( (Atrn RraaLLey Ti I ]man)
2. Owners Address: _ c/o Commercial Properties Inc • 1648 F Nor h Market 2 Ra a gh NC
3. Owners Phone Number (Home): (Work): 27609
4. If Applicable: ent s name or responsible corporate official, address, phone number:
CHARLIE HOLLIS
138 GREEN FOREST DRIVE
WILMINGTON NC 28409 910-392-6833
5. Location of work (MUST ATTACH MAP). County: Beaufort
Nearest Town or City: Belhaven
Specific Location (Include road numbers, landmarks, etc.):?nterspcr; nn Pnngn R; yer R Upper nnmr)Creek
6. Name of Closest Stream/River: Pungo River
7. River Basin: P,,---
8, Is this project located in a watershed classified as Trout, SA, HQW, ORW, VA'S I, or WS II? YES [ ] NO [ J
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO [j
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 50
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled:
Drained:
Flooded:
Excavated:
Total Impacted: 0.12 Acres
V- \
12. Description of proposed work (Attach PLANS-8 12" X 11" drawings only): Fill sma11 arpa of wetlands
*-*?*?in Srrppr and drivpwav
13. Purpose of proposed work: Provide acceee to high ground lots
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. r.ors and street ha hppn clpsigned to minimize nppn to fill
wetlands other than those necessary for high round access
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service
(HINTS) regarding the presence or any Federally listed orproposed for listing endangered or threatened species or critical
habitat in the permit area that may be affected by the proposed project. Have you dove so? YES bL? NO[
]
RESPONSES FROM THE USFWS AND/OR NTYTS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State 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 kx] NO ( J
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a 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
F. If applicable, what is proposed method of sewage disposal? rnmm„ni ry
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A, -AugusL-5,
Agent's Signature 1994
Date
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DEM ID: G I ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #f): _ / y
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 WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, HEALTH,
P.O. Box 1890 AND NATURAL RESOURCES
Wilmington, NC 28402-1890 P.O. Box 29535 ,y
ATTN: CESAW-CO-E Raleigh, NC 27626-0535
Telephone [phone] ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: HARBOUR POINTE ASSO A FS, INC (Ar rn • Rrnnr 1 Py_ Ti 1 1 man )
2. Owners Address: c/o Commercial ProPertieS Inc • 1648 F North Market D ; Raleigh NC
3. Owners Phone Number (Home): (Work): 27609
4. If Applicable: ent s name `or responsible corporate official, address, phone number:
CHARLIE HOLLIS
138 GREEN FOREST DRIVE
WILMINGTON NC 28409 910-392-6833
5. Location of work (MUST ATTACH MAP). County: Beaufort
Nearest Town or City: Belhaven
Specific Location (Include road numbers, landmarks, etc.): Tme seer i on Piingn Ri vPr P. Upper nnwrT ('reek
6. Name of Closest Stream/River: _ Puneo River
7. River Basin: Puneo
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, VG'S I, or WS II? YES [ J NO [ J
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 50
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: g 1-A6?s
Drained:
Flooded:
Excavated:
Total Impacted: 0.12 Acres
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): FiI t 11. a t e^ of -wet lantis
*-??r>,in crrpPr and driveway
13. Purpose of proposed work: Provide acceee to high ground lots
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts, i.nrs and S r pet have hepn designed ra minimize need rn fit 1
wetlands other than those necessary for high round access
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service
(NMFS) regarding the presence or any Federally listed orproposed 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)d 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 of historic
properties in the permit area which may be affected by the proposed project? Have you done so? YES kx) NO(
)
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a 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
F. If applicable, what is proposed method of sewage disposal? r:nmm,,,,; r
4_1
/7 -August--s Agent's Signature , 1994
Date
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