19940059 Ver 1_COMPLETE FILE_19940124

MEMORANDUM PRINT NAMES:
Reviewer XA&
TO: John Dorney WQ Supv.:
Planning Branch DATE:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) ***
PERMIT YR: 94 PERMIT NO: 0000059 COUNTY: DARE
APPLICANT NAME: GLENN C BOTHROYD SR.
PROJECT-TYPE: DRIVEWAY ACCESS PERMIT-TYPE: NWP14
COE_#: DOT_#:
RCD
FROM
:
APP
D
0
4
_
REG OFFICE: WARO
n _`
ee
?
/?!/
RIVER-AND-SUB-BASIN-#: w5 5:5",
STREAM-CLASS: SA_
WL_IMPACT?: O
WL_REQUESTED : 3 30c,
1
WL SCORE(#):
MITIGATION?: YIN
MITIGATION SIZE:
STR_INDEX_NO : 3 0 " 2 2--
WL_TYPE:
WL_ACR_EST? : YIN
WATER IMPACTED BY FILL?: YIN
MITIGATION-TYPE:
DID YOU REQUEST MORE INFO?: YIN
IS WETLAND RATING SHEET ATTACHED?: YIN

cc: Regional Office
Central Files
F"_0
H ` APR 2 X994
RECOMMENDATION (Circ e O e): ISS .SSUE/COND DENY
COMMENTS:
APR-21-1994 14:18 FROM EHNR WASH REG OFFICE TO 1 J1 J I J_11 J JIJ r. t??
MEMORANDUM PRINT NAMES:
Reviewer:
TO: John Dorney WQ Supv.:
Planning Branch DATE:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (USE MIA FOR NOT APPLICABLE) ***
PERMIT YR:
APPLICANT NAME :
PROJECT-TYPE:
COE_#:
RCD_FROM CDA:
REG_OFFICE:
94 PERMIT NO: 0000059
GLENN C BOTHROYD SR.
DRIVEWAY ACCESS
APP
WARD
COUNTY: DARE
RIVER_AND_SUB_.BASIN_# : ?A-5 6:5?'
STREAK_CLASS : 'j
It-
WL-IMPACT?: O
WL_REQUESTED : 3 3 o o
WL-SCORE(#):
PERMIT-TYPE: NWP14
DOT_#:
%EjRM-CDA:
? 0//?j/?4
STR-INDEX_NO : .10 -22,
WL`TYPE:
WL_ACR,EST?: YIN
WATER IMPACTED BY FILL?: YIN
MITIGATION?: YIN
MITIGATION SIZE:
MITIGATION TYPE:
DID YOU REQUEST MORE INFO?: YIN
IS WETLAND RATING SHEET ATTACHED?: YIN
COND DENY
r'
-4ce
cc: Regional Office
Central Files
T?0
(RECOMMENDATION (Circ e 0 e' )/:
COMMENTS: _J?ec?(/_, ?
i ,i / S/-
State of North Carolina
Department of Environment,
Health and Natural Resources 4
Division of Environmental Management YA
James B. Hunt, Jr„ Governor
Jonathan B. Howes, Secretary p ? H FJ F1
A. Preston Howard, Jr., RE., Director
April 20, 1994
Glenn C. Bothroyd Sr.
1988 Highland Avenue
Cheshire, CT 06401
Dear Mr. Bothroyd:
Subject: Proposed fill in Wetlands or Waters
Road crossing
Dare County
DEM Project #94059
We have reviewed your request for 401 Water Quality Certification to
place fill material in 0.08 acres of wetlands or waters which are tributary to
Pamlico Sound for road crossing located at Lots 3 and 4, C.H. Fulcher
subdivision in Dare County as described in your submittal dated 24 January
1994. Based on this review, we have determined that the proposed fill is
covered by General Water Quality Certification No. 2732. A copy of the
General Certification is attached. This Certification is necessary for
coverage under Corps of Engineers' Nationwide Permit No. 14. This action
completes DEM's review under Section 401 of the Clean Water Act. Applicant is
urged to contact the owner of adjacent lot #5 (Mr. Lewis Armistead, 704-484-
4832) to minimize wetland fill and save money.
If this Certification is unacceptable to you, you have the right to an
adjudicatory hearing upon written request within thirty (30) days following
receipt of this Certification. This request must be in the form of a written
petition conforming to Chapter 150B of the North Carolina General Statutes and
filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh,
N.C. 27611-7447. Unless such demands are made, this Certification shall be
final and binding.
If you have any questions, please contact John Dorney at 919-733-1786.
Sincerely,
reston Howard, r. P.E.
i
94059.1tr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional Office
Mr. John Dorney
Central Files
W.M. Meekins, Jr.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
DEM 1D:' ?J ACTION ID: .
-i
Nationwide Permit Requested (Provide Nationwide Permit #):
'
JOINT FORM FOR.-J.
Na&nwide emits that 404ire notification tq the Corps of Engineers
Nationwide ^ its that re duire application for S'ction 401. certification
?.WE MIN NSIS.. ENG TER QUALITY PLANNING'
CORPS'OI?ENG n.> -.IVISIONOFENVIR4 -
DEPARTUMT OF C.DEPARTMENT OF
P.O. Box'1890 $, NATURAL RESOUI -° €
Wilmington, NC 28 1890 P.O. Box 29535
ATTN: CESAW-CO-0 .. ? Raleigh, NC 27626-0535 AN 2 19 ' ..
Tele hone., 919) 251-4 ATfN: NM JOHN DORNE
P ( 1,Tile hone (919) 733-508311
a.. P WETLANDS DRlJ?
WATER Q11A .
ONE (1),COPY'OF THIS COMPLETED APPLICATION SHOULD BE SE WQ 14W GO ENGINEERS.
SEVEN (7)-COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.;
1. Owners Name• .GLEi?tl ?n?.//J??n <'?
2. Owners Address: 118 ?H/6fk
3. Owners Phone Number (Home): J
4. If Applicablm Agent's name or rest
A.
w hex MIR M; ? 0. `
5. Location of work (MUST .ATTACH M
Nearest Town or City: Am- ?Gd
Specific Location {Include 'ro d numbers;
/?D' A&S7' ?r ??? ?
-701 a/ESrza ?,
6. Name of Closest Stream/12.iver:
7. River Basin: ---- ` i
8. Is this projedi located in. a, watershed c
9. Have any Section 404 permits been pre
If yes, explain. }
10. Estimated total number of acres of wa
©. X73 8.. /?e, a/

37DZ (Work):
pora(e official, address, phone number:
•:? ?Ai2/6
= ?R21EV'S
W) - County: '?RA' S?? She f /yl?P Sec 7/
I11A7Gsi//T`?? Y
?andmar, , etc):
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lli4l> L'??d.SS?i?fr ?d Sda7' /PiOG
% -- .._ . _ i
Lssified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO 14
viously requested for use on this property? YES (] NO [?j
ters of the U.S., including wetlands, located on project site:
1r24A/0S v2 •?20J %(/D S61 f1
11. Number of acres of waters of the U.S,,, including wetlands, impacted by the proposed project:
D
Filled
" Drained:
Flooded-.., --
Excavated:
Total Impact
3, 300 5th ??
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=?`v -»55
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U.S. ARMY CORPS OF ENGINEERS
Wilmington District
^w:
Action ID: County: Dave-
Notification of Jurisdictional Determination
Property owner/Authori gent
x
Address lq%-41-4
kyk
Telephone Number q`?'G - ??"? 1}
Size an Lo tion f Pr p
VD) e 3'a tery, High name/number. to n, tc.)
i b
50u4`iriSt,o e , Ca,w, ??, .
Indicate Whichlof the following apply: s` .
.•.. There are tlands on the above des ed property which we strongly s st should be delineated and
e The surveyed wetlan nes must be verified by our staff ore the Corps will make a final
survfictio
j nal determination your property.
Because a size of your propert d our present workload, ou ntification and del' eation of your
wetla cannotbe'accomplis in a timely manner. You m fish to employ a co ltant to obtain a
in timely delineation o e wetlands. 'Once your consul t has flagged a wetla ine on the property,
rps staff will review' and, if it is accurate, we stron recommend that yo ave the line surveyed for
final approval by rps. TheCorps will not make a final jurisdictional det rmination on your property
without an approved survey. ,
• The wetlands on your lot have been delineated, and the limits of Corps jurisdiction have been explained
to you. Unless then s,a change in the law or our published regulations, this de er inatio may be r g,
upon fot:'a period o`exceed three years from the date of this notification.+0VW1 ?o n t? 'W
There a no wetlnds pres ton the above describe roperty which are su ' ct to the permit
re rements of Seddon Q *'of the Clean Water Act SC 1344). Unless th is a change in the law
our published regula ns, thisdetermination m e relied upon fora peri not to exceed three years
from the date of th' otification'
• The project is located in one of the 20 Coastal Counties. You should contact the nearest State Office of
Coastal Management; to determine their requirements.
Placement of dredged or fill material in wetlands on this property without a Department of the Army
permit is inmost cases a Violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is
not required for work on the property restricted entirely to existing high ground. If you have any
quest i s egar ing t e Co s o Engineers regulatory pIN- gram, please contact
9:410kh H&? at 915-1h4
• Property owner/Authorized A WtSi a ture
Project Manager Signature ,
I P- `
Date D45`"
Expiration Date -o?s-
it
SURVEY PLAT OR FIELD SKETCH OF DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM.
CFSAW Form S"
10Cr 92
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TAIL ¦¦s?e i
DFINWMMMMMM
United Staves Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office s¦ ¦
Post Office Box 33726
Raleigh, North Carolina 27636-3726
TO:Mr, WM . Mee,kihs
MQ,?,,,Je.o , QJG -1 `l S-q
INSTANT REPLY
Please excuse this form. We thought you would prefer a speedy reply to a
formal letter. This is provided in response to your notification letter to
the U.S. Fish and Wildlife' Service concerning Federally-listed endangered
and threatened. species. This reply should be forwarded to the Corps of
Engineers Regulatory Branch.
Re:
Date
co cc,n.
Based on our records, there are no Federally-listed endangered or
threatened species which may occur within the project impact area.
The attached page(di) list(s) the Federally-listed species which
may occur within the project impact area.
If the proposed project will be removing pines greater than or equal
to 30 years of age in pine or pine/hardwood habitat, surveys should
be conducted for active red-cockaded woodpecker cavity trees in
appropriate habitat;within a 1/2 mile radius of project boundaries.
If red-cockaded woodpeckers are observed within the project area or
active cavity trees found, the project has the potential to
adversely affect the 'red-cockaded woodpecker, and you should contact
this office for further information.
The Service concurs that the proposed project is not likely to
adversely affect Federally-listed endangered or threatened species,
their. formally designated critical habitat, or species currently
proposed for Federal listing under the Endangered Species Act, as
amended.
Staffing limitations. prevent us from conducting a field inspection
of the project site: Therefore, we are unable to provide you with
site specific recommendations at this time.
Questions' regarding the enclosed information should be directed to the Corps
of Engineers' regulatory staff mgmber who is handling this project.'
?
77
Biologist)
/4D1
?l 4
CONCUR:. Lkh I - i Qf
i
j,• Supervisor ate
lih
?I
I''
1
r
REVISED MAY 18, 1993
Dare County
Red wolf (Canis rufus) --E (Experimental population)
Red-cockaded woodpecker (Picoides borealis) - E
Roseate tern (Sterna dou¢allti douzallii) - E
Piping plover (Charadrius melodus) - T
Bald eagle (Haliaeetus leucocephalus) - E
Arctic peregrine falcon (Falco perearinus tundrius) - E
Leatherback sea turtle (Dermochelvs•coriacea) - E
Green sea-turtle (Chelonia m das) - T
Loggerhead sea turtle (Caretta caretta) - T
Kemp's (Atlantic) ridley sea turtle (Lepidochelvs kem ii) - E
American alligator;;(Alli¢ator mississippiensis) - T S/A+
Seabeach amaranth (Amaranthus pumilus) - T •
Sea turtles when "in the water" and the shortnose sturgeon are under the
Jurisdiction of the National Marine Fisheries Service and should be
contacted concerning your agency's responsibilities under Section 7 of the
Endangered Species Act. Their address is:
National Marine Fisheries Service
U.S. Department' of'Commerce
9450 Koger Boulovard
Duval.- Bui Wing
St. Petersburg,''Florida 33702
There are species which, although not now listed or officially proposed for
listing as endangered or threatened, are under status review by the Service.
These "Candidate"(C1 and C2) species are not legally protected under the
Act, and are not subject to any of its provisions, including Section 7,
until they. are formally proposed or listed as threatened or endangered. We
are providing the below list of candidate species which may occur within the
project area for the purpose of giving you advance notification. These
species may be listed in the Juture, at which time they will be protected
under the Act. In the meantime, we would appreciate anything you might do
for them. !'r>
Black rail (Lateral'lus Jamaicensis) - C2
Dune blue curls (Trichostema sp.).- C2
+_Threatened/Similarity of Appearance
li