19961006 Ver 1_COMPLETE FILE_19961021

State of North Carolina I" 1W
Department of Environment,
Health and Natural Resources / • •
Division of Water Quality
James B. Hunt,Jr., Governor
Jonathan B. Howes, Secretary I E H N F=1
A. Presto n Howard, Jr., P.E., Directo r
November 26, 1996
Brunswick County
WQC 401 Project #961006
APPROVAL of 401 Water Quality Certification
Mr. E. R. Sweetman
532 Metcalf Drive SW
Sunset Beach, NC 28468
Dear Mr. Sweetman:
You have our approval to impact 0.10 acres of wetlands or waters for the purpose of deepening an area
for canoe access at 532 Metcalf Drive SW near Sunset Beach, NC, as you described in your application
dated 23 October 1996. 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. If total
wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be
required as described in 15A NCAC 2H.0506 (h) (6) and (7). 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. Also this approval will expire when the
accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification.
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 Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone John Dorsey at 919-733-1786.
Sincerely,
P.stonHowP.E.
tachment
At
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
Mr. John Dorsey
Central Files
961006.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
NORTH CAROLINA DIVISION OF WATER QUALITY
Water Quality Section
Wilmington Regional Office
Date: November 14, 1996
To: John Dorney
Environmental Sciences Branch
From: James H. Gregsoe
Through: Ken Eagleson 1?o 6'
Subject: Regional Office Review and Recommendations
Application for Permit for Excavation and/or Fill
Central Office Permit #961006
E. R. Sweetman
Brunswick County
?F2q?s 1996
?0
The subject project is located along the shoreline of Lake Medcalf, near Sunset Beach.
Lake Medcalf is an approximately thirty acre lake which was created some twenty years ago by
the damming of Calabash Creek, a tidal waterbody which is tributary to Little River in South
Carolina. As a result of Hurricane Fran the dam across Calabash Creek broke at the spillway
leaving an approximately twenty foot wide hole in the dam. During the site investigation on
November 5, 1996, the tide was flowing into the mudflat area which was once the freshwater
lake. The old Calabash Creek stream channel was visible as it meandered through the now
exposed mud bottom. The applicants are unsure what the fate of the lake will be. It is my
understanding that the owner of the road/dam does not want to repair it.
The applicants have requested approval to excavate less than one acre of vegetated
shoreline that was once below the ordinary high water line of Lake Medcalf. The purpose of the
proposed work is to remove tree stumps and vegetation in the first twenty feet of shoreline to
provide deeper water for canoe access.
It is my understanding that the COE is calling this area below headwaters, so any
excavation or filling beyond the scope of NWP 18 will require an individual permit. The
applicants have agreed to restrict impacts to less than one-tenth acre and less than 25 cu. yds.
instead of the less than one acre originally proposed. Since the project will be less than one-third
acre within 50 feet of the water body, the applicant has met the minimization criteria set fourth
in 15A NCAC 2H .0506. Therefor this Office has no objection to the project.
961006. Nov
Page Two
Please note that if the lake is left in its current condition, the applicant's project would
probably be considered to be located along an estuarine shoreline. It is unclear what length of
time would have to pass before DCM would make this call.
JHG:961006.Nov
cc: Wilmington Regional Office Files
Central Files
MEMORANDUM PRINT NAMES:
Reviewer: ?d4iu --
TO: JOHN DORNEY WQ SUPV.:
ENVIRONMENTAL SCIENCES BRANCH DATE: l 5?
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) ***
PERMIT YR: 96 PERMIT NO: 0001006 COUNTY: BRUNSWICK
APPLICANT NAME: E.R. SWEETMAN
PROJECT TYPE: LAKE DREDGING PERMIT-TYPE:
COE #: DOT #:
CDA:
RCD
FROM APP DATE_FRM_CDA: 10/21/96
_
_
REG OFFICE: WIRO
RIVER AND_SUB_BASINJ: 0307 STR_INDEX N0: 15-25-40 ?J
STREAM CLASS: go ci
WL_IMPACT? : 6/N WL_TYPE: 6-t1-1
WL REQUESTED: D r ( WL ACR_EST? : (y?/N
WL_SCORE M : /N114- WATER IMPACTED BY FILL?: Y&
MITIGATION?: Yo MITIGATION TYPE:,(,/4-
MITIGATION_SIZE:/1i1)q DID YOU REQUEST MORE INFO?: Y/O
IS WETLAND RATING SHEET ATTACHED?:?
HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?: Y&
RECOMMENDATIO (Circle One): SS ISSUE/COND DENY
COMMENTS :
CC: Regional Office
Central Files
961006 k?rg DEM ID: ACTION ID: Nationwide Permit
Requested (Provide Nationwide Permit #):
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 PLANING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL
MANAGEMENT
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT,
HEALTH;
P.O. Box 1890 AND NATURAL RESOURCES
Wilmington, NC 28402-1890 P.O. Box 29535
ATTN: CESAW-CO-E Raleigh, NC 27626-0535
Telephone [phone] ATTN: MR. JOHN DORNEY
Telephone [phone] '
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: E. R. Sweetman
2. Owners Address: 532 Medcalf Drive SW Sunset Beach, NC 28468
3. Owners Phone Number (Home): [phone] (Work): fl/,c, 5-7,9 -IM
4. If Applicable: Agent's name or responsible corporate official, address, phone number: N/A
5. Location of work (MUST ATTACH MAP). County: Brunswick
Nearest Town or City: Sunset Beach
Specific Location (Include road numbers, landmarks, etc.): 532 Medcalf Drive SW
6. Name of Closest Stream/River: Calabash River
7. River Basin: Medcalf Lake
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS H?
YES [ J NO [X ]
9. Have any Section 404 permits been previously requested for use on this property? YES [ J
NO [ X] If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project
site: Less than an acre
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled:
Drained:
Flooded:
Excavated: Less than an acre
Total Impacted: Less than an acre
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): The first 10 to 20 yards of
the lake are very shallow and loaded with growth from tree stumps and mounds of dirt where trees have
fallen. By August, this area is usually dry. I want to clean out the overgrowth and increase the depth by 2 to 4
feet. Any dirt dredged would remain on my property.
13. Purpose of proposed work: Increase water flow to inhibit mosquitoes and eliminate stumps sticking out
of the water.
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note
measures taken to minimize wetland impacts. This activity will improve the lake behind my house. It will have
little to no impact on the local area and should prove beneficial to the local fauna.
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[]
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?
Owner's Signature
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E. R. Sweetman
532 Medcalf Drive SW
Sunset Beach, nc 28468
U. S. Fish and Wildlife Service
P.O. Box 33726
Raleigh, NC 27636
Dear Sir,
. I am applying for a permit from the Army Corp of Engineers. My house is located on a man-made
lake formed from the Calabash River in the town of Sunset Beach. My property consists of slightly less than
100 feet of shoreline. The fist 10 to 20 feet of the lake are very shallow and loaded with growth from tree
stumps and mounds of dirt where trees fell over. The permit will allow me to hire someone to clean out the
overgrowth and increase the depth about two feet. The dirt dredged would remain on my property. I am
required to contact your office regarding the presence of any Federally listed or proposed for listing
endangered or threatened species or critical habitat in the permit area.
Medcalf Lake is located a few miles from the entrance to Oyster Bay Golf Course off Rt. 179 in
the town of Sunset Beach. Brunswick County property description is 1-31B&32. Please forward your reply
to;
Wilmington District Engineer
Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402-1890
Attn: Michael Hosey
Thank you for your attention to this request.
Sincerely,
E. R. Sweetman
532 Medcalf Drive SW
Sunset Beach, nc 28468
State Historic Preservation Officer
512 Salisbury Street
Raleigh, NC
Dear Sir,
I am applying for a permit from the Army Corp of Engineers. My house is located on a man-made
lake formed from the Calabash River in the town of Sunset Beach. My property consists of slightly less than
100 feet of shoreline. The fist 10 to 20 feet of the lake are very shallow and loaded with growth from tree
stumps and mounds of dirt where trees fell over. The permit will allow me to hire someone to clean out the
overgrowth and increase the depth about two feet. The dirt dredged would remain on my property. I am
required to contact your office regarding the presence of historic properties in the permit area.
Medcalf Lake is located a few miles from the entrance to Oyster Bay Golf Course off Rt. 179 in
the town of Sunset Beach. Brunswick County property description is 1-31 B&32. Please forward your reply
to;
Wilmington District Engineer
Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402-1890
Attn: Michael Hosey
Thank you for your attention to this request.
Sincerely,
Top L
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