HomeMy WebLinkAbout19960981 Ver 1_COMPLETE FILE_19961009State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt,Jr., Governor
Jonathan B. Howes, Secreta ry
A. Preston Howard, Jr., P.E., Director
APPROVAL of 401 Water Quality Certification
Mr. Duncan Harrison
Coastal Marketing and Development
P.O. Box 10608
Wilmington, NC 28405
Dear Mr. Harrison:
AK4
ED EHNR
October 30, 1996
New Hanover County
DWQ Project # 960981
You have our approval to place fill material in 0.64 acres of wetlands or waters for the purpose of
developing a residential subdivision at North Market Street near Greenview Drive, Wilmington, as you
described in your application dated 9 October 1996. 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 Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone John Dorney at 919-733-1786.
Sincerely,
0.ton Howar , Jr. P.E
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
Mr. John Dorney
Central Files
Charlie Hollis
96098 Lltr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959
An Equal Opportunity Aff irmative Action Employer • 50% recycled/10% post consumer paper
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DEM ID: CORPS ACTION ID: RE IU?B
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #) 26
ENVIRONMENML IEN?ES
PRE-CONSTRUCTION NOTIFICATION APPLICATI?O
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAME: Coastal Marketing & Development Co (Mr. Duncan Harrison)
2. MAILING ADDRESS: P.O. Box 10
CITY: Wilmington STATE: NC
SUBDIVISION NAME: STRAWBERRY VILLAGE
ZIP CODE: 28405
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE): wnct of North Market Street at end of Greenview Drive
3. TELEPHONE NUMBER (HOME):
(WORK) :
VXNX 800-482-0806
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
AGENT: CHARLIE HOLLIS
REGULATORY CONSULTANT
138 GREEN FOREST DR.
WILMINGTON, NC 28409
PHONE/FAX 910-392-6833
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: New Hanover NEAREST TOWN OR CITY: Wilmington
1
A I+, I
PECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.): West of North Market Street near end of Greenview Drive
6. IMPACTED OR NEAREST STREAM/RIVER: Smith Creek
RIVER BASIN: Cape Fear
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-II)? YES [ ] NO :RX] IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO kX]
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR
LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
Rural
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES [ ) NO [X)d IF YES, PROVIDE ACTION I.D. NUMBER OF
PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION) :
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [ ] NO bLt IF YES, DESCRIBE ANTICIPATED WORK: (No additional 404
permits will be requested
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 13-9 Amon
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
0.64 Acres
2
10a. NUMBER OF ACRES- OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: 0.64 EXCAVATION:
FLOODING:
DRAINAGE:
OTHER:
TOTAL ACRES TO BE IMPACTED: 0.64
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION):
LENGTH BEFORE: NSA FT AFTER:
WIDTH BEFORE (based on normal high water contours): FT
WIDTH AFTER: FT
AVERAGE DEPTH BEFORE: FT AFTER: FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: N/A PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE
WATERSHED DRAINING TO THE POND? N/A
WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: S 1/2" X 11" DRAWINGS
ONLY): Grading and filling area with doziers. graders. etc.
13. PURPOSE OF PROPOSED WORK: Develnp area far residential lnrs
3
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS): Sma l dpprPSGinnal areas (wetlands) cut across proposed lots
and rather than
and rather than install drainage around these areas, it is proposed that they be filled.
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY
ADDRESSES SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR
PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT
IN THE PEP14IT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE
CONTACTED: /oZe( 9L (ATTACH RESPONSES
FROM THESE AGENCIES.)
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC
PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED: 1018196
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES [J NO ji (IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL
POLICY ACT?
YES [ ) NO [ ]
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [J NO [)
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369.
4
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL
INTO WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES
AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26,
29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY
MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1
INCH EQUALS 100 FEET OR THEIR EQUIVALENT, (Areas shown were delineated by Mitchell & Assoc
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE & approved by Corps
IMPACTED BY PROJECT. (Matt Flint) 3/19/96)
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA
SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY? Residential/Rural
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
Community
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. (attached)
NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF
ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM.
( a.z ?
x WkX3dtAf/AGENT' S SIGNATURE
DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
5
Coastal
Regulatory Branch
U.S. Army Corps. Of Engineers
P.O. Box 1890
Wilmington, N.C. 28402-1890
Dever
Co,
. Please be advised that CHARLIE HOLLIS is authorized to act in behalf of the undersigned with
regard to securing the necessary Federal and State permits to affect jurisdictional wetlands or navigable
waters associated with the project named below.
Project Name 5T Y-0 I t) P YYy V i 1)
Location ? Ci V K C+i -Town- A p N e o H rn vA, a V ?' Y
Signed ?t t?-lt f?r Date
(_7L4 -r
P.O. Box 10608 800-482-0806
Wilmington, N.C. 28405 FAX 910-791-8864
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MEMORANDUM / PRINT NAMES:
t Reviewer :
TO: :JOHN DORNEY +1z {'?j WQ SUPV.: , ?j<f?- J, 7,'
ENVIRONMENl'AL SCIENCES BRANCH DATE:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
*'-EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) **,',
PERMIT YR: 96 PERMIT NO: 0000981. COUNTY: NEW HANOVER
APPLICANT NAME: COASTAL MARKETING & DEVEL. STRAWBRY VIL.
PROJECT-TYPE: RESIDENTIAL SUBDIV. PERMIT TYPE: NW26
COE #: DOT #:
RCD FROM_CDA: APP DATE_FRM_CDA: 10/09/96
REG OFFICE: WIRO
RIVER AND SUB BASIN #: 030617
STREAM CLASS: C 5-
WT,-IMPACT?: ON
WL_REQUESTED: U (</
WL_SCOREM : /?
MITIGATION?: Y/n
MITIGATION-SIZE:
STR INDEX N0: 18-74-63
WL TYPE: Poe
WL_ACR_EST?: Y/6)
WATER IMPACTED BY FILL?: Y/C
MITIGATION-TYPE: All-?-
DID YOU REQUEST MORE INFO?: Y6I
IS WETLAND RATING SHEET ATTACHED?:d/N
HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?: Y/N
RECOMMENDATION (Circle One): SU ISSUE/COND DENY
COMMENTS :
r .7 •
-7)
a t?
O°
Regional Office
Central Files
Project name WI*-6 Q:J 9 Nearest road Al"C 17 /V
Countydvt etland area__L-`lacres Wetland width LJ feet
Name of evaluator - Lfi(?&vl- Date /0/?W2 6
Wetland type (select one)*
? Bottomland hardwood forest ? Pine savanna
? Bog forest
? Headwater forest ? Freshwater marsh
? Swamp forest 13 Estuarine fringe forest p Seep
? Wet flat ? Ephemeral wetland ? Other
Gkocosin
? Carolina Bay
*The rating system. can:-. •t be applied to salt or brackish marshes or stream channels
weight
Water storage x 4.00 - '
Bank/Shoreline stabilization x 4.00 - Wetland Score
Pollutant removal x 5.00
Wildlife habitat x 2:00
0
Aquatic life value D x 4.00 -
N
Recreation/Education x 1.00 -
G
* Add 1 pant if in sensitive watershed and > 10% nonpoint disturbance within 1 /2 mile upstream, upslope, or radius
57 9