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HomeMy WebLinkAbout19940250 Ver 1_COMPLETE FILE_19940101State 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 May 3, 1994 Mr. Dave Dickey D.K. Carolina Land Inc. P.O. Box 6055 Wilmington, N.C. 28403 Dear Mr. Dickey: Subject: Proposed fill in Wetlands or Waters Road crossing Onslow County DEM Project #94250 XFWAA AA 1:3 FE F=1 We have reviewed your request for 401 Water Quality Certification to place fill material in 0.21 acres of wetlands or waters which are tributary to Queen's Creek for road crossings located at SR 1551 in Onslow County as described in your submittal dated 17 March 1994. Based on this review, we have determined that the proposed fill is covered by General Water Quality Certification No. 2732. A copy of the General Certification is attached. This Certification is necessary for coverage under Corps of Engineers' Nationwide Permit No. 14. This action completes DEM's review under Section 401 of the Clean Water Act. An additional condition is that deed restrictions shall be placed on all lots with wetlands (see attached example) to prevent wetland fill. 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, i P eston H rd, r. P.E. 94250.1tr Attachment cc: Wilmington District Corps of I Post-it'" Fax Note 7671 Date pa9eso' Corps of Engineers Wilmington From Wilmington DEM Regional Office To C-11 C- C Mr. John Dorney Co Dept. Co. Central Files Phone# Wayne Ragland Phone # Fax # Fax # P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper S'_~,- h'. C. DEPT. OF ENViRONMENT, HEALTH u AND NATURAL RESOURCES P.O. Box 27687 Raleigh, N.C. 27611 Environmental Sciences ranch FAX (919) 733-9959 I;? I'a T TE,ECOP Y TO: ` 'A -,?- o Imo.-a.,,.,; e p" FA NUh?BER: I_ I g Cl S FROM.:. L44, NO. OF PA GES INCLUDING THIS SHEET: CO: -,, TENTS : DEM ID: ACTION ID: ~ ~? NATIONWIDE PERMIT REQUESTED (Provide Nationwide Permit #): NWP#14 _ 401 ISSUED 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 919-251-4511 WATER QUALITY PLANNING DIVISION OF ENVIRONMENTAL MANAGEMENT NC DEPARTMENT OF ENVIRONMENT.HEALUI AND NATURAL RESOURCES PO BOX 29535 RALEIGH NC 27626-0535 ATT: MR JOHN DORNEY Y 999 . Telephone 919-733-5083 ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE NC DIVISION OF ENVIRONMENTAL MANAGEMENT. PLEASE PRINT. 1. OWNERS NAME: D K Carolina Land Inc 2. OWNERS ADDRESS: PO Box 6055, Wilmington NC 28403 3. OWNERS PHONE #: (HOME) (WORK) 910-763-0071 4. IF APPLICABLE: AGENTS NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER. Corporate: Mr Dave Dickey Wayne Ragland (wetland authorized agent) above address & phone # 120 Balsam Rd Jacksonville NC 28546-8508 910-347-9036 LOCATION OF WORK (MUST ATTACH MAP). (See attached exhibit maps) COUNTY: OnsloW NEAREST TOWN OR CITY: SWansboro SPECIFIC LOCATION (Include Road Numbers, Landmarks Etc): North side of NCSR 1551, near dead end just prior to entrance to 4H Camp Mitchell 6. NAME OF THE CLOSEST STREAM / RIVER: Unnamed tributaries to Queen Creek & Hall Creek 7. RIVER BASIN: Queen Creek (DEM designation White Oak River Basin). IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW, WS 1, OR WS 2. YES( X ) SA 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: 9.6 acres (including marsh above MHWM) (from 3/30192 DEM Joint Form) I of 3 11. NUMBER OF ACRES OF WATERS OF THE US, INCLUDING WETLANDS, IMPACTED BY THE PROPOSED PROJECT: FILLED: DRAINED: FLOODED: EXCAVATED: TOTAL IMPACTED: 9142± square feet 0 0 0 9142± square feet 12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS - 8 1/2"*lI" DRAWINGS ONLY): (See attached map). 3350± LF of street 3 road crossings are only access to buildable areas, aligned to conform with NCDOT S/D street design guidelines and Onslow County S/D Code. 13. PURPOSE OF PROPOSED WORK: Street serving detached single family residential subdivision 14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS. No other access to buildable high ground is available. Crossings placed at the minimum wetland width locations within the constraints of the NCDOT horizontal alignment criteria & S/D code. 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 919-728-5090. (Tract canvassed for evidence of Red Cockaded Woodpecker nesting habitat by Wayne Ragland and no nesting cavities nor critical habitat found No known endangered species or critical habitat are evident on the parcel.) 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 History, 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. In addition to the attached exhibit maps copy of WETLAND SURVEY prepared by Pate Phillips & Associates PA provided DEM-WQP B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT. No photographs available (from 3/30/92 DEM Joint Form) 2 of 3 C. IF DELINEATION IS PERFORMED BY CONSULTANT, INCLUDE ALL RELEVANT DATA SHEETS. Delineation by Wayne Ragland data sheets attached Corps inspection approval on 1/7/94. D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH A COPY. Low density option being used Presenter being prepared by Mr John McClean PE (Cape Carteret. NC) concurrently with street sedimentation control and stormwater drainage design E. WHAT IS LAND USE OF SURROUNDING PROPERTY? Surrounded by woods on one side the 4H Camp Mitchell on one side and open water on the remaining 2 sides F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? Septic tank systems on minimum 20,000 sf lots with typical size of 25,000-35,000 sf. (from 3/30/93 DEM Joint Fonn) 3 of 3 SOILS Map Unit Name (Series and Phase): #1 = lluckston, Drainage Class (poorly drained) Field Observations Taxonomy (Subgroup) Typic Psammaquents Confirmed Mapped Type? Yes No Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance / Contrast Structure, etc. #1 0-12" A ION'R 5/2 sand 12-18" Ab 10YR 3.5/2 loamy fine sand 18+" C 10YR 5/0 10YR 615 few / high fine sand Hydric Soil Indicators: Histisol V Concretions Histic Epipedon High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor V Organic Streaking in Sandy Soils V Aquic Moisture Regime Listed in Local Hydric Soils List V Reducing Conditions V Listed On National Hydric Soils List V Gleyed or Low-Chroma Colors Other (Explain in Remarks) Remarks: Profiles are typical of delineation edge typical near wetland point # 418. WETLAND DETERMINATION Hydrophytic Vegetation Present? es No (Circle) (Circle) Wetland Hydrology Present? Yes No Hydric Soils Present? Yes No Is this Sampling Point Within a Wetland? Yes No Remarks: All sampling points documented are along delineation edge. Approved by HOUSACE 3/92: (COPY) DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project / Site: Swans Bluff Date: 12/ l /93 Applicant / Owner: Agent: Pate Phillips &,Associates Inc, 910-326-1101 County: Onslow Investigator: delineated by Wayne Ragland, 910-347-9036 Sate: NC Do Normal Circumstances exist on the site? Yes No Community ID: Is the site significantly disturbed (Atypical Situation)? Yes No Transect ID: Is the area a potential Problem Area? Yes No Plot ID: (If needed, explain on reverse) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Nyssa sylvatica biflora Tr OBL 9. 2. Liquidamber styraflua Tr FAC+ 10. 3. Quercus nigra Tr FAC 11. 4. Ouercus phellos Tr FACW- 12. 5. 13. 6. 14. 7. 15. 8. 16. Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-); 100% Remarks: Sample location in wetlands at and near delineation point # 418 HYDROLOGY Recorded Data (Describe in Remarks): Stream, Lake, or Tide Gauge Aerial Photographs Other No Recorded Data Available Wetland Hydrology Indicators Priaafy-1+1}eatefa Inundated V Saturated in Upper 12 inches Water Marks Drift Lines Field Observations: V Sediment Deposits Drainage Patterns in Wetlands Depth of Surface Water: (in.) SeeendaFy 114 lieatefs Oxidized Root Channels in Upper 12" Depth to Free Water in Pit: (in.) V Local Soil Survey Data V Depth to Saturated Soil: 12" (in.) FAC-Neutral Test Other (Explain in Remarks) Remarks: 32 30 3143 ry ?• ZS r? ' r s 32 34 •?? ?? ", --? , , /49 42'30,. 14 v 1A ••? ? Z • / :li • 39 42 -1509) c n - u v ?35 +?. II \\ ? it a dil (I519• C144) u n „ '4 4f • ?\ g 2 It \ / \• pb k' 4f4 II II U 95 1 •? / h // /u 25 2d w 2 • r? ?i a II •. ? c Swans !C1t;1• a a 30 „ . l r,?" i; m h 25 ZLO © ... ? - / ^ III ? - \, 3840 Holland I ?\ Pt 35 I i 4 ...>FOUI "41 \. ; \ n Pie{?.'?^"\ 7Light i ` S ITE 20 3.5 / I \\?~ .:.Foul ' ` t Foul m -37 V 3839 13 R Foul '% v 1 ?5 (E) r C ?/ _ yr 115 Foul ®F ? /?' ? ?• f `' U? .: Area/( C) rh /ry`? a Foul t ?`C(C) 2 (Light )FE - Uicinity D Location Map For X38 Wetlands Nationwide Permit # 14 ;-,• 1 t 40' D Septic Tank Rpplications To Serue Swans Bluff S/D J"?? Onslow County, NC _ .; 3/8/94 20? l x ? \h ;/J a_t.+,+:.: .. 3 I !.. \ )1?' 1C J 1 I C?_ ,-_?SCRLE: 1 2088' tee'/. / -, 1 A 35 Reference: USGS Hubert Quadrangle, 7.5 Minute Series r• / ?r •• •?? - ?.t i SCR _?.\(? I ... \. ?I \ ) \,+! /)/ ?I l S? 3837 ---? • \ i \ \ \ a ?dt? ?Piere° .,.,'.?:.?,•.,',•...%'..':. 16 '..f..,- 17 : - ' - 15/ - 14, :IIA1,E?.RE1;' c I I (12 20 / CROSSING) N3 \ 9T LONG ' 2 I 4-304± SF 1,0 ^I,; }( 22 8 23 ,......, r. , 24 / 6 i 32 33 34 25 ;. 5 r ti 35 4 26 3 27 " QUEENICRI:Eh; 29 _______ 29 36 %2 30 CROSSING rte - - - 31 62 37 I 61 - - - 31 4+ _ SF _ I ... _ a A UR ACCESS HASIi MNT 60 38 cpp 39 &llvll/L /46r - 41-I Camp Mitchell - I 58 40 VitalOll aw, K CACO 57 41 Exhibit Map For 56 42 Wetlands Nationwide Permit # 14 55 D Septic Tank Rpplications 43 3/8/94 44 CROSSING O1 LEGEND 53 45 1724± SF APPROXIMATE MARSI I ABOVE MI IWM (Aef9"If, yk9,1 1rrW 52 4(i 404 WE1'IANDS SCAT ,E: 1 300' 50 47 UPLANDS 51 - 48 WATERS, & L1ARS} I BELOW AtIIWM 49 1 WATERS, 0 150 300 600 1(X)' till l\\A I SH113ACK & 50' N1,\RSI I SETBACK, WI II CI11IS GRl ATER 411 ROAD NOT F: 1,0•I' 11 'S LOCATED AT APPROXINIATI, PROPOSED RESIDENCE L(VATION NCS R 1551, 60' R1W SHEET 2 of -2 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 April 14, 1994 D K Carolina Lands, Inc. Attn: Dave Dickey P.O. Box 6055 Wilmington, NC 28402 ATIFAA C) EHNR APR ? 1994 Y' I WETLANDS G1,414 ( WATER QCALi i r .`,Q! RE: COE ID# 199401928, Nationwide Permit Application for an activity located adjacent to Hall and Queen Creeks, Onslow County. Dear Mr. Dickey: The North Carolina Division of Coastal Management has reviewed the above referenced application for a Nationwide Permit dated March 9, 1994 pursuant to Section 307 of the Coastal Zone Management Act of 1972 as amended. We have also received a letter from your wetlands consultant, Mr. Wayne Ragland, and a telephone call from your engineer, Mr. John McLean. Both of these gentlemen have indicated that the timing and design of a proposed pier has not been decided. Furthermore, they indicated that the construction, design, and permit authorizations may be a responsibility left to the future home owners association. Based upon our review of the above information and your application, 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 P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier if 11-12-09 Telephone 919-726.7021 FAX 919-247-3330 An Equal Opportunity Affirmative Action Employer 5096 recycled/ 1096 post-Consumer paper met prior to implementation of the project. Please feel free to contact me at (919) 726-7021, Ext. 263, if you have any questions or need further assistance. S' cerely, Charles S. Jo s District Manager csj cc: Preston P. Pate, Jr. Jim Mercer Steve Benton, Consistency Coordinator Wilmington District Engineer; ATTN: CESAW-CO-E John Dorney, DEM/Raleigh State of North Carolina Department of Environment, LT:RMAI Health and Natural Resources 4 • Division of Coastal Management James B. Hunt, Governor C) E H N F 1 Jonathan B, Howes, Secretary Roger N, Schecter, Director March 29, 1994 D K Carolina Land, Inc. _ y i?II11t I????%I Atten: Dave Dickey P.O. Box 6055 a -- - Wilmington, NC 28402 RE: COE ID #199401928, Nationwide Permit Application for an activity located adjacent to Hall and Queen Creeks, Onslow County. Dear Mr. Dickey: The North Carolina Division of Coastal Management has reviewed the above referenced application for a Nationwide Permit dated March 9, 1994. Based upon our review, we have determined that a portion of the proposed development activities (i.e. the proposed ten slip pier) is located within an Area of Environmental Concern (AEC). Therefore, before you are eligible to receive a Nationwide Permit from the Army Corps of Engineers, you must receive a CAMA Permit from the North Carolina Division of Coastal Management for the proposed activities. The State position on consistency of the proposal with the North Carolina Coastal Management Program is provided by the Division's LAMA Permit decision. Please contact Mr. Jim Mercer at the Division of Coastal Management, P. 0. Box 769, Morehead City, NC 28557, Telephone (919) 726-7021, for information and assistance with applying for the required permit. Thank you for your consideration. Sincerely, CDZA? V Charles S. Jones District Manager cc: Preston Pate Jim Mercer Steve Benton, Consistency Coordinator Wilmington District Engineer; ATTN: CESAW-CO-E Wayne Ragland John Dorney, DEM/Raleigh P.O. Box 769, 3441 Aiendell St., Morehead City, North Carolina 28557 Courier # 11-12-09 Telephone 919-7267021 FAX 919-247-3330 An Equa' OppolunOy Atf rmal,ive Action Employer 509E recycled/ 10% post-consumer paper