19950336 Ver 1_COMPLETE FILE_19950329

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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April 27, 1995
Carteret County
DEM Project # 95336
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Ralph Styron
P.O. Box 541
Atlantic Beach, N.C. 28512
Dear Mr. Styron:
F!L E
You have our approval to place fill material in 1.06 acres of wetlands or waters for the purpose
of sewer lines and road crossing at Quail Ridge subdivision, as you described in your application dated
28 March 1995. After reviewing your application, we have decided that this fill is covered by General
Water Quality Certification Numbers 2664, 2732 and 2671. This certification allows you to use
Nationwide Permit Numbers 12, 14 and 26 when they are 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.
Wetland fill is not approved for lots - all lots with jurisdictional wetland must have deed restrictions
(examples attached) to prevent future wetland fill. 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 adjudicator},
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 Domey at 919-733-1786.
Attachment
pie cl
ston Howard, Jr. E.
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
Mr. John Domey
Central Files
95336.1tr
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
DIVISION' OF WATER QUALITY
WATER QUALITY SECTION
401 COMPLIANCE MONITORING
FORiV1
DWQ Investigator: J-??,44i) ?4 Colwell DWQ ; 9S 336
Date : WnM Time: Regional Office: County: ?k ffrel
Project Name: (Yu??r? ??'d9? 5440i'y.
Permitter: Ry /,,0/1
Location of Project: 1.eh2,11
b
Type of Development Authorized: /C e191 -4e N *u J ??tib o?/ v,
Type of Permit / Water Quality Certification: lt/ 1Iy 7G7/
Type of Impact: F l/ ?/ ?"oQ?S j yb l eil- / Sew-e v^ b ff ao
Wetland Type and DWQ Rating:
Nearest Stream: ??eaa?wa rt /t [e filr C /? Basin/Sub.: v
Distance of -Wetland Impact from Nearest Surface Water:
Specific 401 Conditions: A/ d
Is.project in compliance with all conditions:
Comments / Description:
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Is there a violation of the 401 Certification authorization ?
If so complete the enforcement section on the back of this form and forward copy to
the Central / Regional Office.
Signature: Date: 7/ -16 Z -, ?-/7, ? 4
DWQ 12196
DEM ID: I '/ -5 4)? ACTION ID:
NATIONWIDE PERMIT REQUESTED (Provide Nationwide Permit #):_
JOIlvT 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 TI-IF. ARMY
PO BOX 1890
WILMINGTON NC 28402-1890
ATT: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF i3EALTH....__
AND NATURA SS? ?y
PO BOX 29535
RALEIGH NC 27626-05 "
ATT: MR JOHN DO MAR ? 8 1995
Telephone [phone]
ONE (1) COPY OF TI-RS COMPLETED APPLICATION SHOULD BE SENT TO TIP C-O14k,',OF ENGINEERS. SEVEN (7) COPIES
SHOULD BE SENTTO TI IE NC DIVISION OF ENVIRONMENTAL MANAGEMI NT. PLEASE PRINT.
1.OWNERS NAME: Mr Ralph Styron
2. OWNERS ADDRESS: PO Box 541, Atlantic Beach, NC 28512
3. OWNERS PHONE #: (HOME) 919-726-3495 (WORK) 919-726-3495
4. IF APPLICABLE: AGENTS NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER.
AGENT. Mr Donald C Clements Jr, RLS 919-726-0414
PO Box 67
Atlantic Beach, NC 28,912
5. LOCATION OF WORK (MUST ATTACII MAP). (See attached plans (2) by lion Clements RLS)
COUNTY: Carteret NEAREST TOWN OR CITY: Morehead City
SPECIFIC LOCATION (Include Road Numbers, Landmarks Etc): East side of Friendly Road, 545 feet North of
centerline intersection with Atlantic & East Carolina Railroad
6. NAME OF TI IE CLOSEST STREAM / RIVER: Interfluve isolated wetlands & headwater tributary of
Peletier Creek, tributary to Bogue Sound
7. RIVER BASIN: White Oak River Basin, (DEM designation for Bogue Sound).
8. IS TI US PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, I IQW, 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( )
IF YES, EXPLAIN
NO(X )
10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF TI IE US, INCLUDING WETLANDS, LOCATED ON PROJECT
SITE: Total area of wetlands is 15A acres on a 5112 acre parcel
#,s12,14&26
(from 3130192 DF.M Joint Form) page I
11. NgJvIBER OF ACRES OF WATERS OF TIM, US, INCLUDING WFI'I.ANDS, IMPACTED BY THE PROPOSED PROJECT:
FILLED: 1.06 acres
DRAINED:
FLOODF-0:
EXCAVATED:
TOTAL IMPACI'ED: 1.06 acres
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS - 8 1/2"* 11" DRAWINGS ONLY): (See attached maps, (2)
for Quail Ridge SID by Don Clements RLS, 8 1/2" by 11" not available). Construct streets &
extend sewage collection systems from surrounding tracts.
13. PURPOSE OF PROPOSED WORK: Provide street access, potable water distribution system & central
sewage system for future development, tie existing streets and sewage collection systems of
surrounding tracts together in conformance with Morehead City thoroughfare plan and
City desire to provide sewage service to portions of surrounding tracts that can only be
served by a gravity sewer collection system traversing the subject tract.
14. STATE REASONS WI IY '1'III's APPLICANT BELIEVF,S TI FAT TI IIS ACTIVITY MUST 13E CARRIED OUT IN WETLANDS. AI SO
, NOTE MEASURES TAKEN TO MINIMIZE WI--I'LAND IMPACTS. The development of surrounding tracts, the
adoption of the Morehead City thoroughfare plan, and the purchase of this tract by the
present owner all occurred prior to Section 404 of the Clean Water Act. The existing roads
that now dead end at the tract perimeter must be tied into & constructed in conformance
with the Morehead City thoroughfare plan and horizontal/vertical street alinement
standards. Both sewage collection systems & potable water distribution systems are also
required in the proposed street R/W s. Within the severe constraints imposed by local
regulations, the street layout has been designed to minimize the extent of wetland impact
and still provide reasonable parcel interior access & block geometry for development
purposes
15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIIT SERVICE (USFWS) AND/OR NATIONAL MARINE
FISHERIES (NMFS) REGARDING TI IE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED
OR TI RE_ATENED SPECIES OR CRITICAL HABITAT IN TI Ir PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED
PROJECT. HAVE YOU DONE SO?
YES (X )
NO( )
RESPONSES SHOULD BE FORWARDED TO TI IF 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 I USTORIC PRESERVATION OFFICER (ST IPO) REGARDING THE PRESENCE OF
HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AIfiECTED BY THE PROPOSED PROJECT. HAVE YOU DONE
SO?
YES (X ) NO ( )
RESPONSES SI-IOUI.D 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.
(from 3130/92 DEM Joint Form) page 2
17, ADDITIONAL INFORMATION RE QUIRED BY DEM:
I- A
A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND LAKES ON PROPERTY.
See attached wetland survey map by Don Clements, RLS.
B. IF AVAILABLE, REPRESENTATIVE PI IOTOGRAPH 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 Wayne Ragland, data sheet attached.
D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR TI-HS PROJECT, ATTACH A COPY.
See attached low density option approval letter.
E. WHAT IS LAND USE OF SURROUNDING PROPERTY?
Generally residential along the North perimeter and commercial along the South Perimeter.
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
Extension of sewage collection system from Morehead City Central Treatment System.
Morehead City is paying sewer size enlargement to accommodate off site service areas.
5
(from 3/30192 DEM Joint Form) page 3
owner's signature date
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project / Site: Mr Ralph Styron Date: June 1, 1993
Applicant / Owner: Agent: Don Clements Jr,RLS 919-726-0414 County: Cwieret
Investigator: delineated by Wayne Ragland Sate: NC
Do Normal Circumstances exist on the site? (mostly) 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
WETLAND Dominant Plant Species, Stratum, Indicator
1. Pinus taeda Tr FAC
2. Pinus serotina Tr FACW+
3. Acer rubrum Tr FAC
4. Quercus nigra Tr FAC
5. Magnolia virginiana Tr/Sh FACW
e. Lyonia lucida Sh FACW
7. Gordonia lasianthus Tr/Sh FACW
8. Ilex olabra Sh FACW
UPLAND Dominant Plant Species, Stratum, Indicator
1.
2.
3.
4.
5.
6.
7.
8.
Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-);
Remarks: Above vegetation typical at and near wetland point // (116.
100%, see remarks below
HYDROLOGY
Recorded Data (Describe in Remarks):
Stream, Lake, or Tide Gauge
Aerial Photographs
Other
No Recorded Data Available Wetland Hydrology Indicators
PrifflaFy-IRAeatere
Inundated
V Saturated in Upper 12 inches
Water Marks
Drift Lines
Field Observations: Sediment Deposits
Drainage Patterns in Wetlands
Depth of Surface Water: (in.) SeesrdaFy 'Rdi68teps
Oxidized Root Channels in Upper 12"
Depth to Free Water in Pit: (in.)
Local Soil Survey Data
V Depth to Saturated Soil: 5-12" (in.) FAC-Neutral Test
Other (Explain in Remarks)
Remarks: Typical near wetland point // U16. Entire perimeter of tact has been ditched prior to effective date of
applicable wetland regulations. Much of the Leon flats and near interntive tcrraces have been effectively drained duc to
the substantial reduction in sire of contributing watersheds and diversion along the power line R/W in the North and
prior development to the Nast.
SOILS
Map Unit Name
(Series and Phase): Arapa11oc,'Fomotlcy, Leon Drainage Class (poorly to very poorly)
Field Observations
Taxonomy (Subgroup) l'ypic Haplaquml (for Leon) Confirmed Mapped Type? es No
Profile Description:
Depth Matrix Color Mottle Colors Mottle Texture, Concretions,
(inches) Horizon (Munsell Moist) (Munsell Moist) Abundance / Contrast Structure, etc.
WETLAND "rypie I Iaplaquod", (Leon, poorly drained)
0-10" Al 10YR3/ I loamy fine swid
10-13" F.9 10YR6/ I fine sand
13"+ 1311 10YR3.5/2 lowuy fine sand
Hydric Soil Indicators: (Wetland soil area only)
Histisol Concretions
Histic Epipedon V High Organic Content in Surface Layer in Sandy Soils
Sulfidic Odor Organic Streaking in Sandy Soils
Aquic Moisture Regime Listed in Local Hydric Soils List
Reducing Conditions V Listed On National Hydric Soils List
Gleyed or Low-Chroma Colors Other (Explain in Remarks)
Remarks: See prior remarks.
Hydrophytic Vegetation Present? No (Circle)
Wetland Hydrology Present? No
Hydric Soils Present? No
Remarks: See prior remarks.
(Circle)
Is this Sampling Point Within a Wetland? Yes No
Revised to compare wedwids to uphuids, WR 3/94. Approved by HQUSACE 3/52: (COPY)
10
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Department of Environment, Health, and Natural
Wilmington Regional Office
James B. Hunt, Jr., Governor DIVISION OF ENVIRONMENTAL MANAGEMENT
Jonathan B. Howes, Secretary
September 9, 1994
Mr. Ralph G. Styron
Ralph G. Styron, Inc.
Post Office Box 5417
Atlantic Beach, North Carolina
State of North Carolina
28512
Resources
Bob Jamieson
Regional Manager
Subject: CERTIFICATION OF COMPLIANCE
with Stormwater Regulations
Stormwater Project No. SW8 940522
Quail Ridge Subdivision
Carteret County
Dear Mr. Styron:
The Wilmington Regional Office received the Stormwater Submittal for Quail Ridge Subdivision
on May 17, 1994, with final information on September 1, 1994. Staff review of the plans and
specifications, including the statement of intent to deed restrict the allowable built-upon area for each of
the 127 lots and the park areas as shown on the approved plan per the attached letter, has determined that
the project as proposed will comply with the Stormwater Regulations set forth in Title 15A NCAC
2H. 1003(a)(2), (3), and the Third Directive dated November 15, 1989. Runoff from the curb and gutter
streets will be treated in 100' long grassed swales.
Any modification of the plans submitted to and approved by this Office or further development of
this site regardless of the fact that the modification may be less than 1 acre, will require an additional
Stormwater Submittal/Modification and approval prior to initiation of construction. Modifications include
but are not limited to; project name changes, transfer of ownership, redesign of built-upon surfaces,
addition of built-upon surfaces, redesign or further subdivision of the project area as shown on the
approved plans.
This Certification shall be effective from the date of issuance until rescinded. The project shall be
constructed and maintained in accordance with the plans and specifications approved by the Wilmington
Regional Office. This Certification does not supersede any other permit or approval. The developer is
responsible for obtaining any and all permits and approvals necessary for the development of this project.
This could include the Division of Coastal Management under CAMA requirements, the Division of
Environmental Management under Wetland 401 Water Quality Certification and/or a Dredge and Fill
Permit and/or a Sewer Extension/Collection Permit, U.S. Army Corps of Engineers 404 Wetland Permit,
NPDIS stormwater permit if disturbing five acres or more, local County or Town Agency permits under
their local ordinances, or others that may be required.
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 0 Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

Mr. Styron
September 9, 1994
Stormwater Project No. SW8 940522
Deed restrictions, including the allowable built-upon area per lot, must be recorded with the Office
of the Register of Deeds. A copy of the recorded deed restrictions, including deed book number and page,
must be forwarded to this Office within 30 days of the date of the recording. Failure to record and/or
submit the deed restrictions to this Office is considered a violation of this Certification.
An Engineer/Designer/Owner Certification (copy attached) must be received at the time the
recorded Deed Restrictions are submitted. The Certification will verify to this Office that the stormwater
controls, general layout of the project and the amount of impervious area are in substantial compliance with
the approved Stormwater Plan.
If you have any questions concerning this matter, please contact Linda Lewis or me at (910) 395-
3900.
Sincerely,

Dave Adkins
Water Quality Supervisor
DA/arl: S:\WQS\STORMWAT\CERTIFIC\940522.SEP
cc: Donald C. Clements, R.L.S.
Carteret County Inspections
Bradley Bennett
Linda Lewis
Wilmington Regional Office
Central Files

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RECEIVED
AN Y 0 d 190S
North Carolina Wildlife Resources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John Dorney
Water Quality Planning
Division of Environmental Management, DEHNR
FROM: Richard B. Hamilton
Assistant Director
DATE: May 2, 1995
SUBJECT: Review of application for Section 401 Water Quality Certification, Mr. Ralph
Styron, Morehead City, Carteret County. DEM ID 95336.
Staff biologists with the Wildlife Resources Commission have completed a review of the
project with regard to associated impacts on wildlife and fishery resources in the area. A site visit
was made on April 25, 1995. Our comments are provided in accordance with provisions of the
Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C 661-667d), Section
401(b) of the Clean Water Act of 1977 (as amended), and the North Carolina General Statutes
(G.S. 113-131 et seq.).
The applicant proposes to construct streets and extend sewage/water lines from
surrounding tracts. The purpose of the proposed work is to provide street access and a
sewage/water system for future development. The design minimizes wetland impacts from road
construction, but results in the wetland being dissected into numerous lots. This design will result
in individual landowners obtaining Nationwide permits to fill the wetlands. The accumulative
effect will be the loss of the entire wetland tract within this initial phase of development. The 1.0-
acre "404" wetland located in the initial phase of development contains a defined stream channel
and is the drainage corridor for approximately 9.0 acres of wetlands east of the initial
development site. This entire wetland system contributes to the headwaters of Peletier Creek, a
tributary to Bogue Sound. This contiguous 10-acre wetland together with smaller pockets of
wetlands makes up 15 acres of the 51-acre tract.
Wetlands such as those found on this site provide functions that benefit the public as well
as fish and wildlife. Wetlands retain and purify stormwater before the water reaches quality
watersheds and nursery areas such as Bogue Sound and provide habitat for numerous species of
amphibians, reptiles, birds, and mammals. Wetlands also contribute large quantities of organic
carbon, that is the base of the food chain for many aquatic ecosystems.
1 ..
Ralph Styron 2 May 2, 1995
As proposed, this project is inconsistent with our Policies and Guidelines for
Conservation of Wetlands and Aquatic Habitats. It is the policy of this agency to oppose
projects which "displace, damage, or modify wetland values and functions." We also believe that
this project is inconsistent with the Environmental Protection Agency's Section 404(b)(1)
guidelines in that the project does not constitute a water dependent activity. Due to these factors,
we request that 401 Water Quality Certification not be issued.
We appreciate the opportunity to provide input into this permit review. If further
information is needed please contact William Wescott at [phone].
WW/fin
cc: The Honorable Roy Gerodd Sowers, III
William Wescott, Coastal Habitat Coordinator
Brad Hammers, District 2 Fisheries Biologist
Bobby Maddrey, District 2 Wildlife Biologist
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATrEtw7toN of July 14 , 1995
Regulatory Branch
Action ID No. 199502297 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
Mr. Ralph Styron
Post Office Box 541
Atlantic Beach, North Carolina 28512
Dear Mr. Styron:
Please reference your application dated March 27, 1995, in which you
requested Department of the Army (DA) authorization to discharge fill material
into 1.06 acre of jurisdictional wetlands located above the headwaters of
Peletier Creek. The proposed fill will be used for sewer lines, roads, and
lot fill all related to the construction of Quail Ridge Subdivision, off
Friendly Lane, near Morehead City, Carteret County, North Carolina.
For the purposes of the 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. Authorization was
provided, pursuant to Section 404 of the Clean Water Act, for discharges of
dredged or fill material into headwaters and isolated waters by Nationwide
Permit No. 26.
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with your submitted plans, 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 until the permit is modified, reissued or
revoked, which will occur prior to January 21, 1997. It is incumbent upon you
to remain informed of changes to the nationwide permits, which will be
announced by public notice when they occur. If you commence, or are under
contract to commence, this activity before the date the nationwide permit is
modified or revoked, you will have twelve months from the date of the
modification or revocation to complete the activity under the present terms
and conditions of this nationwide permit.
Printed on ® Recycled Paper

-2-
Questions or comments may be addressed to Ms. Marta Jean Boris,
Wilmington 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
V Mr. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27611-7687
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
3411 Arendell Street
Morehead City, North Carolina 28557
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