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HomeMy WebLinkAbout19950818 Ver 1_COMPLETE FILE_19950118State 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 UEHNF=1 August 9, 1995 Beaufort County DEM Project # 95818 APPROVAL of 401 Water Quality Certification Mr. Phillip K. Lee P. 0. Box 1587 Washington, N.C. 27889 FIL U U ? Dear Mr. Lee: You have our approval to place fill material in 0.10 acres of wetlands or waters for the purpose of establishing a yard at Lot 3, Jamaka Subdivision, as you described in your application dated 4 August 1995. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 2733. This -certification allows you to use Nationwide Permit Number 18 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. 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 60 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. Sincerely, OPPstop oward, Jr. RE Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington.DEM Regional Office Mr. John Domey Central Files Hood Richardson 95818.1tr 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 (919) 975-3472 HOOD RICHARDSON, PA Engineers - Surveyors - Geologists 208 South Market Street Washington, North Carolina 27889 August 4, 1995 Mr. John Dorney Water Quality Planning Division of Environmental Management DEHNR P.O. Box 29535 Raleigh, NC 27626-0535 Dear Sir: Enclosed are 7 copies each of two Nationwide Permit Applications: (1) Michael Ash: This is a refiling of a recently submitted request for a Nationwide 26. That permit should have been for an 18 for which the enclosed application is made. (2) Phillip K. Lee: Application for a Nationwide 18. Mr. Lee and Mr. Ash own adjoining lots. Sincerel , ood L. Richardson DEM ID: ACTION ID: 140 Nationwide Permit Requested (Provide Nationwide Permit #): 18 S 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 MANAGFIvIENT DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT,',IiEALTH,' P.O. Box 1890 AND NATURAL RESOURCES Wilmington, NC 28402-1890 P.O. Box 29535 ATTN:.CESAW-CO-E Raleigh, NC 27626-0535 7 7 Telephone (919) 251-4511 ATTN: MR. JOHN DORNEY 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 N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT. PLEASE PRINT. 1. Owners Name: Phillip K. Lee 2. Owners Address: P.O. Box 1587, Washington NC 27889 3. Owners Phone Number (Home): 919-946-5104 (Work): 919-946-6181 4. If Applicable: Agent's name or responsible corporate official, address, phone number: Hood L. Richardson 208 North Market Street 919-975-3472 Washington NC 27889 5. Location of work (MUST ATTACH MAP). County: Beaufort- Nearest Town or City: wa h i naton Specific Location (Include road numbers, landmarks, etc.):_ Aboilt 0.75 miles coni-h n f SR 1300 - Lot 3 Jamaka Subdivision. 6. Name of Closest Stream/River: Lot fronts on Pamlico River. 7. River Basin: Pamlico 8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ J NO [X] 9. Have any Section 404 permits been previously requested for use on this property? YES D ] NO [ ] If yes, explain. CESAW-C090-N-007-0 69 -_August- 23-1990 (See Fxhihit A) 10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 1. 09 acres 11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: Filled: Drained: None Flooded: None Excavated: None Total Impacted: 0.10 F 12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): Fill 0.10 acres of 404 Wetlands in order to establish yard at new dwelling. 13. Purpose of proposed work: _Establish a yard. 14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures taken to minimize wetland impacts. Waterfront dwelling. Fill is to be contained by a wood retaining wall about 2 feet high 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 or proposed for listing endangered orthreatened species or critical habitat in the permit area that may be affected by the proposed project. Have you done so? YES [X J 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 maybe affected by the proposed project? Have you done so? YES [x ] 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. Map enclosed. B. If available, representative photograph of wetlands to be impacted by project. Not available. C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the delineation line. Data sheets enclosed. D. If a stormwater management plan is required for this project, attach copy. Not required. E. What is land use of surrounding property? Residentiai F. If applicable, what is proposed method of sewage disposal? Septic tank. Owner's Stgnaire Date A EXHIBIT A Permit: CESAW-C090-N-007-0269 Expired December 31, 1993 Issued to Mary Payne Fowle Project Description: To place approximately 1,000 cubic yards of earthen fill material, to construct approximately 500 feet of three access roads and parking turnaround area in 0.33 acre of wetlands. The access roads will be approximately 15 and 20 feet wide, with an upgraded being approximately 35 feet wide. No known notices of violation have been issued for this subdivision. The permit was not requested to-'be renewed. Areas requested to be filled are filled and access roads have been constructed as permitted. Copy of Notice of Authorization attached. ti ..V1 r- i United States Army Corps of Engineers 23 August 1 8 1Q---____- Place a maximum of 1,000 cubic yards of fill material in 0.33 acre of wetland to construct access roads on A permit to at Washin ton, Beaufort Count North Carolina. Ms. Marv Payne Fowle has been issued to,-Lo Mr = 11Prhorr !a t i On-L A'4,_ 1 8?- Address of PermitteeWosh;nOQYone NorYh13arnl in ?7RRQ Permit Number CESAW-C090-N-007-0269 ENG FORM 4M, Jul 81 (Eli 1146.2.303) EDITION OF JUL 70 MAY BE U8ED 4?9 " --p X, `7r TH tft Commander THOMAS C. SUERMANN, LTC, E (P/OpOMnf: DAEN• CWO) A / S 46' 56' 38" 68.17' C?J V W N M C V v c E: V3 Ply P??? 9 ? Q // ?P ° .o?0 2e X21 RETAINING WALL ?S T?F \ 6 4_Q4.n5 NORMAL WATER MARK ? J 0? a 'AFL THIS IS TO CERTIFY THAT THIS LOT IS IN THE 100 YEAR FLOOD HAZARD ZONE ACCORDING TO FLOOD INSURANCE RATE MAP 370013, PANEL 0380 8. \ (?l` . 7 PRIVATE 30' RIGHT-OF-WAY 11 O 1.21 cres \F JP O ???/ 4'1 x 4R'D ?R% TRANSFO MER PRIVATE 30' PAD / RIGHT-OF-WAY 2 STORY FRAME 17 / - (ON DWELLING 1.5' PILINGS) '•, / Z? ?? i! \ `STOOP ti i `0g ?? 4r? 0? , / I6I RETAINING b WALL / X51 / REFERENCE ?w \J D.B. 961, P. 526 / PLAT CAB. E, SLIDE 34-2 JAMAKA SUBDIVISION / LEGEND • FOUND IRON PIPE 0 POINT ---- UNSURVEYED BOUNDARY LINES ROAD RIGHT-OF-WAY LINES 100 80 60 40 20 O 100 200 GRAPHIC SCALE PROPERTY OF: NO SCALE SITE S.R. 1322 RIVER UNDERGROUND AND OVERHEAD ELECTRICAL LINE ® FILL AREA CORPS OF ENGINEERS NATIONWIDE PERMIT APPLICATION August I, 1995 S.R Phillip K. Lee . 1367 LONG ACRE TOWNSHIP BEAUFORT COUNTY NORTH CAROLINA SCALE: I"=100' SURVEY DATE: MARCH 15, 1993 SURVEYED BY: HOOD RICHARDSON, P.A. 206 NORTH MARKET STREET WASHINGTON, N.C. 27889 PHONE (919) 975-3472 SEE FILE F.B 181. P. 138 -A 404 Wetland DATA FORM ROUTINE WETLAND DETERMINATION 0 987 COE Wetlands Delineation Manual) Project/Site: Lot 3, Jamaka Subdivision ion Date: 8 / 1 / 9 5 Applicant/Owner: Phillip K. LeeCounty: Beaufort Investigator, pod icbrdjon State: N. C. Hardwood Do Normal Circumstances exist on the site? $ess No Community ID: Forest Is the site significantly disturbed (Atypical Situation)? Transect ID: Is the area a potential Problem Areal No Plot ID: (If needed, explain on reverse.) VEGETATION Dominant Plent Species Stratum Indicator 02minent Plant Species Stratum Indicator t. SWggt Q1ittm tree FAC 9, 2. Pine tree FAC 10. 3. Common Reed shrub FAC 11. _ 4. Cypress tree 0 L 12. 5. 13. 6. -14, 7. 15, a, 16. Percent of Dominant Species that are OBL, FACW or FAC lexcluding FAC-). 20% OBL 8 0 $ FAC Remarks: 11 HYDROLOGY Recorded Data (Describe In Remarks): Wetland Hydrology Indicators: _ Stream, Lake, or Tide Gauge Primary Indicators: Aerial Photographs _ Inundated - _ Other Saturated in Upper 12 Inches _ No Recorded Data Available _ Water Marks Drift Lines T Sediment Deposits Field Observations: _ Drainage Patterns in Wetlands Secondary Indicators (2 or more required): Depth of Surface Water: None (in.) Oxidized Root Channels In Upper 12 Inches Water-Stained Leaves ^ Depth to Free Water in Pit: 14" Local Soil Survey Data (in.) FAC•Neutrel Test Depth to Saturated Soil: 4" Other (Explain in Remarks) Remarks: SOILS Map Unit Name Moderately (Series and Phase): Seabrook Drainage Class: Well eld Taxonomy (Subgroup): Thermic A uic Udi samments _C nffiirm Mapped Type? Ye No "Is Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Struoturs, ate. 0-3 1NLe-10yr 419 Non Non dandy Silt 3_12 N/? 10yr 3/2 _None None --Sandy - gilt 12+_ N/A 10yr 3/2 --lone None dandy Clay HYddo Sall Indicators: Histosol ... Concretions Histio Epipedon _ High Organic Content In Surface Layer In Sandy Soils X Sulfidio Odor _ Organic Streaking In Sandy Soils - Aquio Moisture Regime _ Listed on Local Hydrio Soils List _ Reducing Conditions _ Listed on National Hydrio Soils List Gleyed or Low-Chroma Colors i Other (Explain In Remarks) Remarks: Water saturated soils with root mat. Not a seabrook soi. WETLAND DETERMINATION HYdrophytic Vegetation Present? Yea No (Circle) Wetland Hydrology Present? es No (Circle) Hydrio Soils Present? ss No Is this Sampling Point Within a Wetland? Yes No Remarks: 404 Wetland as determined by using the 1987 manual. f . Dry DATA FORM ROUTINE WETLAND DETERMINATION 0 987 COE Wetlands Delineation Manual) Project/Site: Lot 3, Jama-ka Subdivision Date: 8 Z 1(9 5 Applicant/Owner, -Phillip K. Lee County: Beaufort Investigator; Hood Richardson State: N. C. Do Normal Circumstances exist on the site? Yes N Community ID: Woodland Is the site significantly disturbed (Atypical Situation)? Yes Transact ID: Is the area a potential Problem Area? Yes No Plot ID: (If needed, explain on reverse.) VEGETATION Dominant Plant,RSggcies Stratum Indicator Dominant Plant Species Stratum Indicator 1. Pine tree FAC T s. 2. Similax vine FAC 1o. 3. Overcus Niara tree FAC 11. _ 4. Blueberry (dwarf) s 1 b, FAC 12. 5-Sweet Gum tree FAC 13. e. Common Reed shrub FAC -34, 7. 15. 8. 18. Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-), 10 0 % FAC Remarks: This vegetation is along the Lot 2 boundary line. HYDROLOGY Recorded Data (Describe in Remarks): Wetland Hydrology Indicators: _ Stream, Lake, or Tide Gauge Pnmary Indicators: Aerial Photographs Inundated _ Other Saturated in Upper 12 Inches _ No Recorded Data Available _ Water Marks _ Drift Lines Sediment Deposits Field Observations: Drainage Patterns in Wetlands Secondary Indicators (2 or more required): Depth of Surface Water: None (in.) _ Oxidized Root Channels in Upper 12 Inches Water-Stained Leaves , Depth to Free Water in Pit: None (In.) Local Soil Survey Data FAC-Neutral Test Depth to Saturated Soil: None (in.) _ Other (Explain in Remarks) Remarks: Hydrology not present to classify this a 404 Wetland. SOILS Map unit Name (Series and Phase): Alta Vista Fine Sandy Moderately well Loa m Drainage Class: drained Taxonomy (Subgroup): T iC uartzi samments Field Observations Cohfirm Mapped Type? Ye No Profile Descriptions Depth (inches) Horizon .? -A Matrix Color Imunsell Moist) 10yr /2 Mottle Colors (Munsell Moist) Nnn Mottle Texture, Concretions, Abundance/Contrast Sfruoture, etc. -5_-12 -B_ _ 4 P -None -None man y a; l t None -Sandy loam 1_2-± 1OVr 8/3 None - None Sand l - y oam _ Hydrio Sall Indicators: _ Histosol _ Concretions Histio Epipadon _ High Organic Content In Surface Layer In Sandy Soils _ Sulfidio Odor , Organic Streaking in Sandy Soils _ Aquic Moisture Regime Listed on Local Hydrio Soils List Reducing Conditions _ Listed on National Hydric Soils List .._. Gleyed or Low•Chroms Colors Other (Explain in Remarks) Remarks: Not a Wetland soil. Not listed on the national hydric soils list. WETLAND DETERMINATION Hydrophytic Vegetation Present' Yes (Circle) Wetland Hydrology Present? fie' to )Circle) Hydric Soils Present? Yes Is this Sampling P pint Within a Wetland? Yee No Remarks: Not a 404 Wetland as determined by using the 1987 manual. Normal circumstances do not exist because high ground has been planted to lawn. 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 17 August 1995 Mr. Phillip K. Lee Post Office Box 1587 Washington, North Carolina 27889 REFERENCE: DEM ID 199504815 ` c/FNCFs Nationwide Permit for an Activity Located in Beaufort County, North Carolina Dear Mr. Lee: The North Carolina Division of Coastal Management has reviewed the above referenced application for a Nationwide Permit dated 3 August 1995 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 inconsistent with the North Carolina Coastal Management Program. Therefore in accordance with 15CFR 930.65 and 33CFR 320.4(J), you are not authorized to proceed with the proposed work. Portions of the proposed project, filling a 43' wide by 100' long strip of wetlands, are within an area of coastal wetlands, a designated Area of Environmental Concern (AEC). The coastal wetland plant species present are cat- tail (Tvpha Spp.) and Spartina patens and subject to the permit requirements of the Coastal Area Management Act (CAMA), North Carolina General Statute (N.C.G.S.) 113A-118 and the State's Dredge and Fill Law, N.C.G.S..113-229. Please feel free to contact me at (919) 946-6481 if you have any questions or need further assistance. Sincerely, pE ?- Terry E. Moore District Manager Division of Coastal Management Washington Regional Office TEM:pp cc: Steve Benton-- Federal Consistency Coordinator, DCM, Raleigh J orney - Water Quality Section, DEM, Raleigh Raleigh Bland - U.S. Army Corps of Engineers, Washington Office Wilmington District Engineer ATTN: CESAW-CO-E ?EHNR 1424 Carolina Avenue, Washington, North Carolina 27889 Telephone 919-946-6481 FAX 919-975-3716 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper