19950907 Ver 1_COMPLETE FILE_19951012

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
APPROVAL of 401 Water Quality Certification
.I* 7rA
ID EHNR
October 12, 1995
New Hanover County
DEM Project # 95907
Dallas Harris Real Estate & Construction
P. O. Box 531
Wrightsville, N.C. 28480 16 U60py
Dear Sirs:
You have our approval to excavate material in 1 acre of wetlands or waters for the purpose of
installing a water line from and existing well in West Bay Subdivision to Planter's Walk Subdivision,
as you described in your application dated 23 August 1995. After reviewing your application, we have
decided that this fill is covered by General Water Quality Certification Number 3022. This certification
allows you to use Nationwide Permit Number 12 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 Domey at 919-733-1786.
Sincerely,
Qr? P eston Ho d, Jr.
L1
Attachment I?
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
Mr. John Domey
Central Files
Charlie Hollis 95907.1tr
P.O. Box 29535, Raleigh, North Carolina 27626-035 Telephone [phone] FAX [phone]
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DEM ID: G rJ Cf ACTION ID: 4011
Nationwide Permit Requested (Provide Nationwide Permit #): 12 n ti ??5
JOINT FORM FOR OCSt?^?;??ol?"mss
Nationwide permits that require notification to the Corps Xfngmeers
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 [phone]
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•-1786
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS.
JEVEIV (7) COPIES SHOULD BE SEAT TO THE N.C. DIVISION OF ENVIRONMENTAL M NAGEMENT.
PLEASE PRINT.
1. Owners Name: DALLAS HARRIS REAL ESTATE & CONSTRUCTION
2. Owners Address: P.O. BOX 531; WRIGHTSVILLE. BEACH NC 2.8480
3. Owners Phone Number (Home):
(Work):
4. If Applicable: Agent's name or responsible corporate official, address, phone number-
CHARLIE HO?L?L+?I,*S Gpy'??
REGULATSU7.?.??I1*II T
138 GREEN FOREST DRIVE. 910-392-6833
WILMINGTON NC Z8409
5. Location of work (MUST ATTACH MAP). County: New Hanover
Nearest Town or City: Wi lmington
Specific Location (Include road numbers, landmarks, etc.): ?et w.Ye1 gf North (Market Street)
near intersection of Middle Sound Road
6. Name of Closest Stream/River: Smith rrppk
7. River Basin: Cape Fear
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ J NO [XT
9. Have any Section 404 permits been previously requested for use on this property? YES [ J NO [XJ
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 25
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled:
Drained:
Flooded:
Excavated: Approx 1-0 An
Total Impacted: Approx 1.0 Ac

12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): install all Water Line
from existing well in West Bay Subdivision to Planter's Walk Subdivision
13. Purpose of proposed work: Provide water supply for Planter's Walk Subdivision
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to miniunize wetland impacts. Areas of potential wetlands segarate the well site from the
Planters Walk area; route of water line follows previously disturbed alignment
of roads, wa- -' lizze tLerr?lz will be ba?kftlied to existing grade
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 orproposed 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 [xA NO[ J
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 (XRJ NO[
J
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 /Highway Business
F. If applicable, what is proposed method of sewage disposal? Community
Agent's @ EK% Signature Date
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROUNA28402-1890
REPLY TO
ATTENTION OF December 5, 1995
Regulatory Branch
Action ID No. 199600185, Nationwide Permit 14 and 18
Mr. Dallas Harris
Dallas Harris Real Estate & Construction
Post Office Box 531
Wrightsville, North Carolina 28480
Dear Mr. Harris:
Please reference your application, dated October 13, 1995, with
modifications dated November 8, 1995, for nationwide permit (NWP)
authorization to remove a total of 0.95 acre of wetlands from federal
jurisdiction. The stated purpose of this work is construction of a
residential development at the Planter's Walk subdivision, in Wilmington,
New Hanover County, North Carolina.
Based on my conversation this morning with your representative,
Mr. Charlie Hollis, it is my understanding that there is no alternative to the
submitted construction plan which would suit your project needs. Road
construction, called for in the plan, will prevent normal accumulation and
retention of water in the 0.87 acre, shallow, depressional wetland, eventually
removing it from jurisdiction. NWP 14 is not available for authorization of
this project since the permit's terms and conditions are not met. However,
removal of the wetland from jurisdiction does not preclude your use of
nationwide permits to accomplish the work. Mr. Hollis acknowledged our
recommendation that 0.87 acre of wetland impact be requested for authorization
pursuant to NWP 26, in order to accomplish your proposed project.
Title 33, Code of Federal Regulations (CFR), Part 330.6, published in
the Federal Register on November 22, 1991, lists nationwide permits for the
purposes of the Corps of Engineers' Regulatory Program. 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.
Regarding your request for authorization of a separate 0.08 acre of fill
at the head of a cul de sac. Title 33, Code of Federal Regulations (CFR),
Part 330.6, published in the Federal Register on November 22, 1991, lists
nationwide permits for the purposes of the Corps of Engineers' Regulatory
Program. Authorization, pursuant to Section 10 of the Rivers and Harbors Act
and Section 404 of the Clean Water Act, was provided for discharges of dredged
or fill material into all waters of the United States provided:
a. The discharge does not exceed 25 cubic yards in open water areas;
b. The discharge will not cause the loss of more than 1/10 acre of a
special aquatic site, including wetlands. For the purposes of this nationwide
permit, the acreage limitation includes the filled area plus special aquatic
sites that are adversely affected by flooding and special aquatic sites
drained so that they would no longer be a water of the United States because
of the project;
50'
Printed on 0 Recycled Paper
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Your work is authorized by these nationwide permits provided it is
accomplished in strict accordance with the enclosed conditions, according to
your submitted plans, 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 [phone], regarding water quality certification, and Mr. Steve
Benton, telephone [phone], regarding consistency determination. These
nationwide permits do not relieve you of the responsibility to obtain other
required State or local approvals.
This verification will be valid until these nationwide permits are
modified, reissued, or revoked. All the nationwide permits are scheduled to
be modified, reissued, or revoked prior to 21 January 1997. It is incumbent
upon you to remain informed of changes to the nationwide permits. We will
issue a public notice announcing the changes when they occur. Furthermore, if
you commence or are under contract to commence this activity before the date
the nationwide permits are 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 these nationwide permits.
If you have any questions regarding this correspondence, please contact
me by writing to the above address, or by telephoning [phone].
Sincerely,
Matt Flint
Regulatory Specialist
Enclosures
Copies Furnished:
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
Mr. Bob Stroud
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
Mr. Charlie Hollis
Regulatory Consultant
138 Green Forest Drive
Wilmington, North Carolina 28409