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HomeMy WebLinkAbout19950615 Ver 1_COMPLETE FILE_19950110State 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 APPROVAL of 401 Water Quality Certification- REVISION Mr. Dick Thompson The Thomco Group, Inc P. O. Box 777 Carolina Beach, N.C. 28428 Dear Mr. Thompson: rmLE COPY You have our approval to place fill material in 3.27 acres of wetlands or waters for the purpose of pond construction at River Road near Snow's cut, as you described in your application dated 12 June 1995. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 2671. This certification allows you to use Nationwide Permit Number 26 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. This Certification replaces the one issued on 14 July 1995. In addition, you should get any other ederal, 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, ton oward, Jr. P.E. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DEM Regional Office Mr. John Domey Central Files Charlie Hollis 4 4 WOO& ID FE F1 August 25, 1995 New Hanover County DEM Project # 95615 95615.1tr 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 FROM : CHARLIE HOLLIS REGLLATORY CONS PHONE NO. : 9103926833 Aug. 24 1995 11:40AM P01 CHARLIE HOLLIS REGULATORY CAWSULTANT 138 Green Forest Drive Wilmington, NC 28409 910/392-6833 (Phone/FAX) August 24, 1995 Project: 401 Water Quality Certification; DEM Project//95615 Dick Thompson; The Thomco Group, Inc. Mr. John Dorney N.C. Division of Environmental Management P.O. box 29535 Raleigh NC 27626-0535 Dear Mr. Dorney: Please ref.ernee the above project and your letter dated July 14. 1995 wherein approval was granted to The Thomeo Group, Inc. to fill. 2.95 acros of isollated wetlands under Nationwide.Permit No. 26. Confirming my telephone conversation today with Beverly of your staff, it is requested that the previous approval be amended to include 3.27 acres of wetland impacts instead of 2.95 acres. Thomoo intends to excavate the two small wetland areas to create ponds as Indicated on the application and leave one or more "islands" of wetlands undisturbed. Upon review of this site, the Corps believes that the "islands" would not likely continue to be wetlands because of the drainngo effect the ponds may have on tbom avid because of the limited hydrology in these systems. (Indeed, Mr. Jim Cregrsvn of your Wilmington field staff expressed the same thoughts when we examined these suss in late June.) Accordingly, the Corps has unformed me that they are vending out their conourranee with the PDN for this project with approval for 3.37 acres of impact instead of the 2.98 acres requested. We therefore request that NCDEM also approve the 3.27 acres of impacts. Please contact me if you have any questions or need additional Information. r Js y, Hal*S- Cyrz Mr. Jim Gregson N.C. Division of Environmental Management Wilmington Field office 127 Cardinal Drive Extension Wilmington. NC 28405-3845 hack Thompson 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 AT 70-K ATA 10 ED EHNR July 14, 1995 New Hanover County DEM Project # 95615 APPROVAL of 401 Water Quality Certification Mr. Dick Thompson The Thomco Group, Inc P. 0. Box 777 Carolina Beach, N.C. 28428 FILE Dear Mr. Thompson: You have our approval to place fill material in 2.95 acres of wetlands or waters for the purpose of pond construction at River Road near Snow's cut, as you described in your application dated 12 June 1995. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 2671. This certification allows you to use Nationwide Permit Number 26 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. since el 4 on oward Jr. P.E. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DEM Regional Office Mr. John Domey Central Files Charlie Hollis 95615.1tr 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 Onr? C"? - ?? 9 s A),f I?JJ tom` Ju50-/L /->Cv?j h ? cc) ? ?f wLU dad L-LF h J, IMPORTANT To Date Time WHILE YOU WERE OUT M of Phone AREA CODE NUMBER EXTENSION Message Signed TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL N.C. Dept. of Environment, Health, and Natural Resources State of North Carolina Department of Environment, Health and Natural Resources Wilmington Regional Office Division of Coastal Management James.B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director July 14, 1995 Mr. Dick Thompson THE THOMCO GROUP, INC. P. O. Box 777 Carolina Beach, NC 28428 RE: DEM ID# 95615, Nationwide Permit Application Proposed River Road Subdivision/New Hanover County Dear Mr Thompson: I'll E3 FE F=t The North Carolina Division of Coastal Management has reviewed the above-referenced application for a Nationwide Permit dated June 7, 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 consistent with the North Carolina Coastal Management Program provided the following conditions are met: The activity described in the above-referenced application qualifies to receive one of the Nation- wide Permits described in 33 CFR 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 insure that all other State authorization and/or permit requirements are met prior to implementation of the project. Please feel free to contact me at (910) 395-3900 if you have any questions or need further assistance. Sincerely, _ r C. Robert Stroud, Jr. District Manager cc: Preston P. Pate, Jr., DCM Steve Benton, Consistency Coordinator David Franklin/Wilmington District COE Ttrhn Dorney; Raleigh- i 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer ?_." "41 titM _.. ., "6-'7-'-"--'----' tN.(- jrt't?j' ??-iil:is I J....._ i..1-i ,; ='"„ i°`•`.".. .t. "_"_ 1?.11u .. `?.!:` ... _ _ `_'? // _ t .l. ;a 1 y t _:..? -.., e ,. }. H iJ 1T .1 . `i :?? e }.? }',A-, i1?A .i• :?'? ` ; {_? c'11-? t-t {?, t :` `..: j_`r. ' '' ':! ` ,. _ .._ \,.. \;" i.•?: '1 t, 1-, T , . { L:H{, ii H I .•t. •l' V I.IH %.11.?`...1'?' 1 •t ?At1?'?'t.'S:`Z_; j.•.?. R. 1_i.tll ._ .._.... ._, A.}. _ 1.1 Vt'i1 1'/{-ItV7 {'L}:?y iJ _ IA7 NtJ.',_w1{.11s.Li ?1_' V+'?j_%A?"1 :_? y. .LII-1C ( 1 _j 1-! t? !. If SC S ,.- t i-- f 7 y-3/, s--/ 0- E ,w 1't' t_ A.V . m V 1A J1 IN T it4 i it tl.t\ i..+ 1 jl {t t i't 4iY ii!-`. `EE P_.'J' D ff, }Jy f Ifll F' 1 l!'1'1' I j ?1?. r {- '1 {.. > •t ///^^^^''??? J .t { '< ISVI II(S 1i.:.`;i ? t?{ . _?__? ?_ ??/?1 .___???•?'fG aA __ ?'y?_-'"'_".f "'"/'?? _ ?/ G?""?.(„`-?`----?7?'==Jt'---??-?-----?"--'?`L?_.!?G_G!-,_?. ? ..??CJ!?` ?.Y__G*!?iC!CG.J? j._.Ct.,,c?_.._..-./,?,?_•,,•?C?/?P?{ i 3 t^ R N jut ? 1yy? r? CNIJ ET AND' R ING WORKSHEET Fourth V,- sion Project name / AlhIO 1! Dearest road 4/?le 40+ Count}" Wetland area("- acres Wetland width eet Name of evaluator ?? --Date Adjacerit-_land uise ?. T?V'etl:-ind loca'?ron i?i 1/2 ni le upstream, upslope C)1 )J L)I? ?tl: o ...1,I5? o rC1 ?z1Alstre -.!,I r ore-t°C ?n tr?! r?getr?lon _ ? Arlo. "1'3 CIA LI ? /r R ioUS SUI , i_- aJ n Sr !- ?? (M lie, i o1 - --,? TiaT i t vegetatic: _ Sc,?I series cv ?c { v ?z ?l r QiT r { ?? - i?I?_CY O p" °oM-ii' r' ?? ! - r sar?? OIYI.n_.tl+` _'JOQL? `y ?i lob Orf+ (?-season i?tinor - .tea- 3{?t?? ? 1 rid iL. s o 3 1.:eLi d I?J? IIJ C e l^ T - -7 OClltiD 0 -1-? a?.^ n, D r; r Wetland type (select one)* s: _ ? Bottomland hardwood forest ? Pine savanna El Headwater forest ? Freshwater marsh ? Swamp forest ? Bog/fen ? Wet flat ? Ephemeral wetland ? Pocosin ? Carolina Bay []Other ./-?' ? f~ ? Bog forest ??' *The rating system cannot be applied to salt or brackish marshes or stream channels FD) weight Water storage x 4.00 =1k 5 ? 3 Wetland Score Bank/Shoreline stabilization x 4.00 ?r Pollutant removal" x 5.00 U Wildlife habitat 1 x 2.00 = Aquatic life value x 4.00 = Recreation/Education- x 1 .00 G 5 * Add 1 point if in sensitive watershed and > 10% nonpoint disturbance within 1 /2 mile upstream, upslope, or radius ; 57 DEM ED: q5 (p 15 ACTION ID: Nationwide Permit Requested (Provide Nationwide Permit #): 26 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 P.O. Box 1890 Wilmington, NC 28402-1890 ATTN: CESAW-CO-E Telephone (919) 251-4511 WATER QUALITY PLANNING DIVISION OF ENVIRONMENTAL MANAGEMENT NC DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES P.O. Box 29535 Raleigh, NC 27626-0535 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: _ Tho Thomco Grouv. Inc (Mr. Dick Thomvson) 2. Owners Address: P.O. Box 777; Carolina Beach NC 28428 3. Owners Phone Number (Home): (Work): 4. If Applicable: Agent's name or responsible corporate official, address, phone number: CHARLIE HOLLIS REGULATORY CONSULTANT 138 GREEN FOREST DRIVE WILMINGTON NC 28409 PHONE/FAX (910) 392-6833 5. Location of work (MUST ATTACH MAP). County: New Hanover Nearest Town or City: Carolina Beach Specific Location (Include road numbers, landmarks, etc.): River Road, (North side) near Snow's Cut 6. Name of Closest Stream/River: Cape Fear River 7. River Basin: Cave Fear 8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ J NO ( J 9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO [Xk If yes, explain. 10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: Area D and F Area H Filled: 0.45 Drained: Flooded: Excavated: uo to 2.50 Total Impacted: 2.95 Ac NOTE: Areas D & F are proposed to be excavated to form two lakes. One or more 1/4-Ac islands will be left in their natural state in eacl of these areas. 12. Description of proposed work (Attach PLANS-8 112" X 11" drawings only): Fi > > zma I T Wpr l and .t 'on (0.45 Ac); excavate two lar er de ressions to form small lakes, leaving one or more 1/4-Ac islands in their natural state 13. Purpose of proposed work:_ Prepare site for construction of owner's residence 14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures taken to minimize wetland impacts. Wetland areas will be cleaned out to enhance lanscaainQ and reduce hazards of snakes and mosquitoes. Natural habitat islands will remain. 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 or threatened species or critical habitat in the permit area that may be affected by the proposed project. Have you done so? YES bL? 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 fix) 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? ft-si or Community 14?74 ;7 -_CHART.TF 4m T s v-Al C` AGENT. Sk Signature Date LOCA PON MAP NOT TO SCALE o 9 SNOW S CUT Era ' c?1 `? 1) e ?N ee J 1179 I ? r?rr?j <.> ` ryd.e? 41 4 X/ Vl -1?ry 10 N ° ^ p t17fli M1Z/) r ?O V-J Q3 N /dam p? 41 ' f h 4 4g' ?` ?t97?b ;n ?RE to>>` `cam `b ?`O E \ E1q E ?,\ ? . r Z• ?j ??ti 03 ? ?? o1pb E dr^ ?? ?? 3 ?? oo l,y7?? ti a N p? XM1 ?b 0 ?b 0 a; ' /L47 L48 L49 L511 v co 5?l4LE ? ?! = ZOO r V/,t L1ss' ' C^' 9a, v % Predischarge Notification NWP-26 THE THOMCO GROUP, INC. Mr. Dick Thompson P.O. Box 777 Carolina Beach NC 28428 May 1995 E DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF October 2, 1995 Regulatory Branch Action ID No. 199502653, Nationwide Permit No. 26 (Head/ Isolated Waters) The Thomco Group, Inc. c/o Mr. Dick Thompson Post Office Box 777 Carolina Beach, North Carolina 28428 Dear Sirs: Reference your application of June 9, 1995, requesting Department of the Army (DA) nationwide permit (NWP) authorization to discharge fill material into 3.27 acres of isolated wetlands for the purpose of creating a residential construction site and ponds on your property located on the north side of River Road, adjacent to Telfair Creek and the U.S. Coast Guard station at Snow's Cut, New Hanover 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 number 26. Your work is authorized by this nationwide permit provided it is accomplished in strict accordance with the enclosed conditions, according to your submitted plans (copy enclosed), and provided that you receive a Section 401 water quality certification from the North Carolina Division of Environmental Management (NCDEM) and a consistency determination from the North Carolina Division of Coastal Management (NCDCM). You should contact Mr. John Dorney, telephone (919) 733-1786, regarding water quality certification, and Mr. Steve Benton, telephone (919) 733-2293, regarding consistency determination. This nationwide permit does not relieve you of the responsibility to obtain other required State or local approvals. 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 0 Recyded Paper -2- Questions or comments may be addressed to Mr. Matt Flint, Wilmington Field Office, Regulatory Branch, telephone (910) 251-4466. 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 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 Ms. Tere Barrett Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 Ms Ann Hines New Hanover County Inspections Department County Office Building Annex Room 203 414 Chestnut Street Wilmington, North Carolina 28401