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
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