HomeMy WebLinkAbout19960093 Ver 1_COMPLETE FILE_19960129
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
February 29, 1996
Mr. Ken Foster
1 Crestmont Circle
Stockton, NJ 08559
Re: 401 Water Quality Certification
Ken Foster project-road fill
Beaufort County
DEM #960093
Dear Mr, Foster.
On 29 January 1996 you wrote to the Division of Environmental Management requesting a 401 Water
Quality Certification for your project to fill wetlands for 0.23 acres of wetland fill for Ken Foster (Nationwide
Permit 14) at SR 1745 in Beaufort County. We have been informed by the N.C. Division of Coastal
Management that this project will require a Permit from the N.C. Division of Coastal Management (DCM)
begins the permitting process. Based on your letter of 26 February 1996, I understand that you want to
withdraw the application for Nationwide Permit 14 until you and the Division of Coastal Management gather
the necessary information to develop an acceptable DCM permit application, Also by copy of this letter, I am
also notifying the U.S. Army Corps of Engineers that this project will need processing by the Division of
Coastal Management.
Specific concerns we have with this project as designed include:
1) The wetland delineation apparently only includes 404 designated (freshwater) rather than CAMA-
designated (estuarine) wetlands. A revised map should show the CAMA wetlands separately.
2) Culverts are apparently not planned for the road crossings but will be needed.
3) Wetland impacts can apparently be minimized for realigning the road to follow the northern property
line.
4) A plat is needed which shows building lots to account for any additional, needed wetland fill.
5) Do you own the entire proposed road alignment? It is not dear whether a portion of the property
along SR1745 is available for this road.
Answers to these questions will need to be addressed at the time of submittal for the CAMA permit or by
separate cover [0 DEM,
If you believe that this decision is in error, please call me at 919-733-1786 to discuss the matter,
cc: Mr, John Parker, Division of Coastal Management
Division of Coastal Management Washington Field Office
Washington DEM Regional Office
U.S. Army Corps of Engineers Wilmington District Office
Central Files
Chip Jackson; Land Management Group 960093.dcr
Division of Environmental Management . Environmental Sciences Branch
4401 Reedy Creek Rd., Raleigh, NC 27626-0535 . Telephone 919-733-1786 . FAX 919-733-9959
An Equal Opportunity Affirmative Action Employer50% rocycled/1 0% post-consumer paper
DEHNR
Fax:9199753716
Feb 23 '96 15:14
P.02/03
M1MO~DUM PRHt'"T NAMES: ~
. Reviewer:
TO: JOHN DORNEY WQ SUPV.; ;=:_
ENVIRONMENTAL SCIKNCBS BRANCH DATE: --: :J96
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***HACH ITEM HOST BE ANSWERED (USE N/A FOR NOT APPLICABLE) ***
PERMIT YR; 96 PERMIT NO: OOO~093
APPLICANT NAME: 10m FOSTER
PROJECT TYPE: ROAD CROSSING
COE 1/::
ReD FROM cDA:
RRG_OFFICE: WARO
RIVER_AND_SUB_BASIN_': 030307
SnEAM_CLASS: SR-
WL_IMPACT? :@N
lit_REQUESTED: ~;}. 3c:t,~.
WL_SCORE( H) :
COUNTY: BEAUFORT
PER14IT TYPB: NW14
DOT IJ::
DATE_FRM_CDA: 01/29/96
STR_INDEX_NO: 29-22
WL_ TYPE: HWF
WL _ACR_EST?: Y I'!j{
WATER IMP ACTED BY FILL?: &.) .N
MITIGATION? Y/N
MITIGATION_SIZE:
MITIGATION_TYPE;
DID YOU RRQURST MORE INFO?: ~N
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North carol'ina
Department of
Environment, Health
&
Natural Resources
WASH:INGTON REGIONAL OFFICE
1424 CaroUna Avenue
washln,ctton. N. C. 27889
'Phone: 919-946..6,481 FAX: 919-975-3716
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DATE:
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Number Df pages (including cover page) ---=>
COMMIMTS: 7~
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~ 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
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FROM: ~ William Wescott, Coastal Coordinator
Habitat Conservation Program
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414-1 (' oS'c
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DATE: February 19, 1996
SUBJECT: Review of Application for Nationwide Permit # 14 and Section 401 Water Quality
Certification for Ken Foster, c/o Land Management Group, Inc., Breezy Shores
Road(SR 1745), Beaufort County. DEM ill # 960093.
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. Site visits
were conducted on February 15 & 23, 1996. 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 owns an approx. 48 acre tract ofland of which 16.5 acres are wetlands.
The applicant is requesting a permit to place fill material in wetlands to provide access to uplands,
The land is being divided into individual lots of unspecified size.
According to the application the wetland crossing is being proposed at the narrowest
possible crossing area. A review of the maps and a site visit revealed an alternative location that
would impact less wetlands, The wetland determination sheet included with the application does
not accurately describe the wetlands to be impacted. At the proposed crossing, marsh consisting
mainly of Cladium jamaicense, Juncus, and Hibiscus currently exist on both sides of a 20 ft. wide
by 1 ft. deep channel. The narrow 404 wetland transition zone between the uplands and the
marsh consist of a variety of trees and shrubs.
We recommend that access across wetlands be relocated adjacent to the northern property
line. The application states, "Additional fill permits will not be proposed or needed for housepad
areas or lot fill on any proposed lots," In order to protect the integrity and functions of this
...
. -..
Ken Foster
February 19, 1996
2
wetland system we request that permit conditions prohibit additional fill by the current landowner
or future lot owners.
Thank you for the opportunity to comment on this project. If you have any concerns
regarding our comments, please contact William Wescott at (919) 927-4016.
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February 26,1996
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John Dorney
Water Quality Planning
Div. of Env. Management
4401 Reedy Creek Road
Raleigh, N.C. 27607
Dear John:
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This letter is to inform you that Mr. Ken Foster has requested that the NWP 14 application dated
January 29, 1996 be withdrawn from review. This permit application is being withdrawn due to the
crossing being proposed in a location not suited for a NWP 14. The application was originally submitted
with limited information at the landowner's request.
A site visit was arranged with Terry Moore and David Gossett of CAMA, Deborah Sawyer of D.E.M.,
and William Wescott of N.C. Wildlife Resources Commission on February 23, 1996. This site visit
verified the presence of coastal vegetation under CAMA jurisdiction as well as navigable waters at the
proposed crossing. It has been understood that a CAMA Major permit application as well as a bridge
structure will be needed at this proposed crossing location. Alternate crossing locations as well as
permits needed for these alternate crossings were discussed on-site.
The landowner is currently reviewing the changes that need to be made to the proposed site layout to
meet NWP 14 conditions. The proposed crossing application has been withdrawn by the applicant due to
the realization that site conditions were not as they were shown on the NWP 14 application. It is still
the intent of the owner to pursue a permitable earthen fill road on-site. Another permit application will
be sent in for review at such time that sufficient information is supplied by the applicant for permit
submission.
Thank you for your patience regarding this matter and please excuse any misunderstandings that this
application may have caused.
cc: U.S. Fish & Wildlife
Terry Moore, CAMA
Bill Biddlecome, C.O.E.
National Marine Fisheries
Ken Foster - Applicant
~\:'~
Chip Jag:~ . v
Environmental Specialist
20 February 1996
~!.;~
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DEHNR
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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
Mr. Ken Foster
1 Crestmont Circle
stockton, New Jersey 08559
REFERENCE:
DEM ID 960093
Nationwide Permit for an
Activity Located in Beaufort
County, North Carolina
Dear Mr. Foster:
The North Carolina Division of Coastal Management has reviewed the above
referenced application for a Nationwide Permit dated 29 January 1996 pursuant to
Section 307 of the Coastal Zone Management Act of 1972 as amended. Based upon
our review, we have determined the procedure in which you have applied for, an
earthen fill road crossing in a Coastal Wetland marsh, as well as the project
itself, is inconsistent with the North Carolina Coastal Management Program.
Therefore in accordance with 15 CFR 930.65 and 33 CFR 320.64(J), you are not
authorized to proceed with the work proposed.
Specifically the proposed project is in an area primarily vegetated with
Juncus romerianus and Cladium iamaicense which are both listed as Coastal
Wetlands under regulatory authority of the Coastal Area Management Act, N.C.G.S.
113-118A, and as marsh in the State's Dredge and Fill Law, N.C.G.S. 113-229.
Therefore, the current project as proposed will require both a Major CAMA and a
Dredge and Fill permit.
If you have questions about this or related matters, need application
forms, etc. please don't hesitate to contact me in the Washington Regional Office
at (919)946-6481, ext. 277
Sincerely,
Te y E. Moore
District Manager
Division of Coastal Management
Washington Regional Office
TEM/pp
cc: Steve Benton - Federal Consistency Coordinator, DCM, Raleigh
John Dorney - Water Quality Section, DEM, Raleigh
Raleigh Bland - U.S. Army Corps of Engineers, Washington Office
Wilmington District Engineer
ATTN: CESAW-CO-E
Chip Jackson, Agent
1424 Carolina Avenue. Washington. North Carolina 27889
An Equal Opportunity Affirmative Action Employer
Telephone 919-946-6481 FAX 919-975-3716
50% recycled/ 1 0% post-consumer paper
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RECEIVED
JAN 3 '0 1996
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3805 O)f~ ~
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January 29, 1996
ENVIRON~NTAl SCiENCES
~Il '.'''11
John Dorney
Water Quality Planning
Div. of Env. Management
4401 Reedy Creek Road
Raleigh, N.C. 27607
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WETLANDS GROUP
. lIATER QUALITY sEeliQI:!
Dear John:
Enclosed is a Nationwide Permit request by Ken Foster to fill .23 acres of wetlands. A NWP 14
is proposed for fill to bring 404 areas to grade with existing high ground areas for the purpose of
providing a suitable road crossing for upland lot access.
Thank you for your response and should you have any further questions, please feel free to
contact me at your convenience.
Si~\~
~p Jac~n
Environmental Specialist
CJ\cj
Enclosure: 7 copies of application
cc: U.S. Fish & Wildlife
Washington Regulatory C.O.E.
National Marine Fisheries
CAMA
.'
.....'
DEM ID:
Q600Cf3
ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): lnNP 14
JOINT FORM FOR
Nationwide pennits that require notification to the Corps of Engineers
Nationwide pennits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING ..'~_____"'_~~~~,"'"'
CORPS OF ENGINEERS DIVISION OF ENVIRONMENT9ImIA~~ U ~! m ... I'.:
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRO ~ ~ .-- """1 ,
P.O. BOX 1890 AND NATURAL RESOURCES I ! i
WILMINGTON, NC 28402-1890 P.O. BOX 29535 ! '~N 2 9 !
ATTN: CESAW-CO-E RALEIGH, NC 27626-0535 i ,d;~ ; !
Te~ephone: 910-251-4511 Te~ephone: (919) -733-5083! L___~~".,',~J
! _WP.Lt1NDS.r.;w" !')
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPSW""-R'~~~~~*~;~
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENT.AI;"'~'~""""
PLEASE PRINT.
1. Owners Name: Ken Foster
2, Owners Address: 1 Crestmont Circle ,,-Stockton. NJ 08559
3, Owners Phone Number (Home): 609-397-0995
(Work):
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
Chip Jackson c/o Land Management Group. Inc.
P,O. Box 2522
Wilmington. NC 28402 910-452-0001
5, Location of work (MUST ATTACH MAP) County: Beaufort
Nearest Town or City: Bath
Specific Location (Include road numbers, landmarks, etc.):_From Bath. gQ".east on HWY 92 approx.
2 miles to Breezy Shores Road (S.R 1745). Turn right on Breezy Shores Rd. and gQ".approximately 1\2
mile. property is located on left side of the road,
6. Name of Closest Stream/River: Gar-Gut
7, River Basin: Palmico River
8, Is this project located in a watershed classified as Trout,SA,HQW,ORW,WSI,or WSII? YES[X]
NO[ ]
9, Have any Section 404 permits been previously requested for use on this property? YES [] NO [X]
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
+/-16,5 acres
... ..4
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project
Filled: .23 acres (10.000 square feet )
distance crossed - 200' x 50' r/w
Total Impacted:_.23 acres (10.000 square feet)
12, Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only):_fill permits needed to
place fill in wetlands to bring elevation to grade with surrounding upland areas for the purpose of
residential lot access.
13, Purpose of proposed work: The proposed fill is necessary for bringing elevations to grade to provide
road access to proposed residential lots on high ground that are inaccessible without the proposed
crossing. Suitable lot areas and waste treatment areas have been found for the proposed lots.
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also,
note measures taken to minimize wetland impacts, Wetlands must be crossed to provide upland access.
Wetlands have been delineated J2LLMGJnc, and approved J2Lthe Washington CO.E. Lots have been
proposed using the delineation map ~~guide so that additional lot fill will not be necessary. The
wetland crossing is being proposed at the narrowest possible crossing area. Additional fill permits will
not be proposed or needed for housepad areas or lot fill on any proposed lots.
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 [X] 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 [X] NO [] RESPONSES FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation may 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? on-site waste treatment
Janua 29. 1996
Chip Jackso
Environmental Specialist
N
n
Ken Foster
Gar-Gut Tract
Beaufort County, N.C.
LAND MANAGEMENT
GROUP, INC
January, 1996
LOCATION MAP
NWP 14 Request
Proposed Road Crossing
43 Altavista
46 Augusta
55 Dague
86 Tomotley
94 Portsmouth
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SCALE 1" = 600'
Ken Foster
Gar Gut Tract
Beaufort County, N.C.
LAND MANAGEMENT
GROUP, INC
January, 1996
SCS Soils Map
NWP 14 Request
roposed Road Crossing
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Ken Foster
Gar Gut Tract
Beaufort County, N.C.
LAND MANAGEMENT
GROUP, INC
January, 1996
U.S.G.S. Topo Map
NWP 14 Request
roposed Road Crossing
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SOILS
Proiect/Site;
Gar Gut Tract
Paae 2 of 2 wetland
Map Unit Name
(Series and Phase): Torhunta fine sandy loam
Drainage Class; Three
Field Observations
Confirm Mapped Type? ~
No
Taxonomy (Subgroup):Typic Humaquepts
Profile Description:
Depth
(inches)
Horizon
Matrix Color
(Munsell Moist)
Mottle
Abundance/Contrast
Texture, Concretions,
Structure, etc,
very friable; weak
med. granular structure
very friable; weak med,
subangular blocky struc
0-12
A
N 2/0
1 2 - 37
BG
1 OVR 4/2
Hydric Soil Indicators:
Histosol
_ Histic Epipedon
X Sulfidic Odor
_ Aquic Moisture Regime
X Reducing Conditions
X Gleyed or Low-Chroma Colors
Concretions
~ High Organic Content in Surface Layer in Sandy Soils
_Organic Streaking in Sandy Soils
Listed on Local Hydric Soils List
-Listed on National Hydric Soils List
-Other (Explain in Remarks)
Remarks;
WETLAND DETERMINATION
Hydrophytic Vegetation Present?
Wetland Hydrology Present?
Hydric Soils Present?
~,
@
No (Circle)
No
No
(Circle)
Is this Sampling Point Within a Wetland~
No
Remarks;
Wetland line flagged in pink/black ribbon,
L
Approved by HQUSACE 3/92
Owner;
Ken Foster
1 Crestmont Circle
Stockton NJ
Land Management Group, Inc,
Post Office Box 2522
Wilmington, N.C, 28402
910-452-0001
10
LAND MANAGEMENT GROUP, INC.
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
UPLAND
ane 0
Project/Site: Gar Gut Tract Date: Dec,15,96
Applicant/Owner: Ken Foster County: Beaufort
Investigator: Chip Jackson State: NC
Do Normal Circumstances exist on the site? ~ No Community ID: Upland
Is the site significantly disturbed (Atypical Situation)? Yes ~ Transect ID; -
Is the area a potential Problem Area? Yes No Plot ID: -
(If needed, explain on reverse.)
P 1 f 2
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratu m Indicator
1, Loblolly pine Tree FAC 9, Carolina jessamine W, Vine FAC
2, Turkey oak Shrub FACU 10.
3, White oak Tree/Shrub FACU 11,
4, Water oak Tree/Shrub FAC 12.
5, Bracken fern G, Cover FACU 13.
I
6, Pepperbush G, Cover FACW 14,
7, Poison ivey W, Vine FAC 15.
8. Grapevine W, Vine FAC 16,
Percent of Dominant Species that are OBL, FACW or FAC 15"/0
(excluding FAC-)
Remarks:
HYDROLOGY
Wetland Hydrology Indicators;
~ Record ed Data (Describe in Remarks): Primary Indicators
_ Stream,Lake, or Tide Gauge Inundated
~ Aerial Photographs _Saturated in Upper 12 Inches
Other Water Marks
No Recorded Data Available -
- - D rift Un es
_Sediment Deposits
_Drainage Patterns in Wetlands
Field Observations; Secondary Indicators (2 or more required);
_Oxidized Root Channels in Upper 12 inches
Depth of Surface Water; - (in,) Water-Stained Leaves
- Local Soil Survey Data
Depth to Free Water in Pit; >12" (in,) - FAC-Neutral Test
_Other (Explain in Remarks)
Depth to Saturated Soil: >12" (in.)
Remarks:
No wetland hydrology indicators observed in upland areas.
.
SOilS
P . IS'
G G T
P
I d
rOlect Ite: ar ut ract aqe 2 0 2 2 UPlan
Map Unit Name
(Series and Phase)Altavista fine sandy loam Drainage Class: Two/Three
Field Observations c9
Taxonomy (Subgroup):Aquic Hapludults Confirm Mapped Type? No
Profile Description:
Depth Matrix Color Mottle Texture, Concretions,
(inches) Horizon (Munsell Moist) Abundance/Contrast Structure, etc.
very friable; weak
0-7 Ap 10YR 4/2 med. granular structure
very friable; weak
7 - 10 E 10YR 6/3 med. granular structure
very friable; weak med.
10 - 13 BE 10YR 6/4 subangular blocky struc
common medium faint firm; moderate med,
13 - 23 Bt1 10YR 6/6 7,5YR 5/8 subangular blocky struc
common medium distinct (2.5YR 6/2) friable; moderate med.
23 - 33 Bt2 7,5YR 5/8 common medium faint (10YR 6/6) subangular blocky struc
Hydric Soil Indicators:
Histosol Concretions
=Histic Epipedon =High Organic Content in Surface Layer in Sandy Soils
Sulfidic Odor _Organic Streaking in Sandy Soils
Aquic Moisture Regime _Listed on local Hydric Soils List
_Reducing Conditions Listed on National Hydric Soils List
_ Gleyed or low-Chroma Colors Other (Explain in Remarks)
Remarks:
No hydric soil conditions observed in upland areas,
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes I (Ckole) (Circle)
Wetland Hydrology Present? Yes @
Hydric Soils Present? Yes No Is this Sampling Point Within a Wetland? Yes
Remarks:
Wetland line flagged in pink/black ribbon,
Approved by HQUSACE 3/92
Applicant\owner;
Ken Foster
1 Crestmont Circle
Stockton NJ 08559
Land Management Group, Inc,
Post Office Box 2522
Wilmington, N.C, 28402
IMPORTANT
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Signed
N,C, Dept. of Environment, Health, and Natural Resources
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