HomeMy WebLinkAbout19970154 Ver 1_COMPLETE FILE_19970220State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
APPROVAL of 401 Water Quality Certification
Mr. Richard Calloway
201 Brinkley Road
Greenville, NC 27858
Dear Mr. Calloway:
LTI.K?FA
?EHNFi
March 4, 1997
Hertford County
WQC 401 Project #970154
You have our approval, in accordance with the attached conditions, to place fill material in 0.1 acres of
wetlands or waters for the purpose of constructing an access area to Catherine Creek at your property on SR
1402, as you described in your application dated 20 February 1997. After reviewing your application, we
have decided that this fill is covered by General Water Quality Certification Number 3106. 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 Dorney at 919-733-1786.
e n Howard, Jr. P. .
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Mr. John Dorney
Central Files
970154.1tr
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
401 ISSUED
401 1
NOTIFICATION FORM 9 015 4
INFORMATION SHEET
F,??Ro? ?T 19
l99j
Nationwide permits that require notification to the Corps of Engineers s'cti?
Nationwide permits that require application for Section 401 certification ee
A. NOTIFICATION TO THE CORPS OF ENGINEERS DISTRICT ENGINEER. (REFER TO
ITEM B. BELOW FOR DIVISION OF ENVIRONMENTAL MANAGEMENT APPLICATION RE-
QUIREMENTS AND SPECIFICALLY NOTE NWP 26 DIFFERENCE.)
Certain nationwide permits require notification to the Corps of Engineers before work can proceed. They are as follows:
NWP 5 (only for discharges of 10 to 25 cubic yards)
NWP 7
NWP 13 (only for stabilization activities in excess of 500 feet in length or greater than an average of one cubic yard
per running foot)
NWP 14 (only for fills in special aquatic sites, including wetlands, and must include a delineation of affected special
aquatic sites)
NWP 17
NWP 18 (required when discharge exceeds 10 cubic yards or the discharge is in a special aquatic site and must include
a delineation of the affected special aquatic site, including wetlands).
NWP 21 (must include a delineation of affected special aquatic sites, including wetlands)
NWP 26 (only for greater than 1 acre total impacts and must include a delineation of affected special aquatic sites,
including wetlands)
NWP 33 (must include a restoration plan of reasonable measures to avoid and minimize impacts to aquatic resources)
NWP 37
NWP 38 (must include a delineation of affected special aquatic sites, including wetlands)
For activities that may be authorized by the above listed nationwide permits that require notification, the
applicant shall not begin work
a. Until notified that the work may proceed under the nationwide permit with any special conditions imposed by
the District Engineer, or
b. If notified that an individual permit may be required, or
c. Unless 30 days (calendar) have passed from the time a complete notification is received by the District Engineer
and no notice has been received from the District Engineer, and required state approvals have been obtained.
Required state approvals include: 1) a Section 401 water quality certification if authorization is requested for a
discharge of dredged or fill material, and 2) an approved coastal zone management consistency determination if
the activity will affect the coastal area.
Use of NWP 12 also requires notification to the District Engineer, but work may not begin until written
concurrence is received. from the District Engineer. The time periods described above do not apply.
Furthermore, requirements to notify the U.S. Fish and Wildlife Service (USFWS), the National Marine
Fisheries Service (NMFS), and the State Historic Preservation Office (SHPO), as indicated below and on the
notification form, do not apply.
B. APPLICATION TO DEM FOR NATIONWIDE PERMIT SECTION 4011CERTIFICATION.
Certain nationwide permits require an application to DEM in order to obtain Section 401 water quality certification.
They are NWP 6, NWP 12, NWP 15, NWP 16, NWP 17, NWP 21, NWP 33, NWP 34, NWP 38, and NWP 40.
Certain nationwide permits were issued general certifications and require no application. They are NWP 3, NWP 4,
NWP 5, NWP 7, NWP 20, NWP 22, NWP 23 (requires notification to DEM), NWP 25, NWP 27, NWP 32, NWP 36,
and NWP 37.
The following nationwide permits were issued general certifications for only limited activities: NWP 13 (for projects
less than 500 feet in length), NWP 14 (for projects that impact waters only), NWP 18 (for projects with less than 10
cubic yards of fill in waters only), and•NWP 26 (for projects with less than or equal to one-third acre fill of waters or
wetlands). Projects that do not meet these criteria require application for Section 401 water quality certifications.
C. NOTIFICATION/APPLICATION PROCEDURES.
The attached form should be used to obtain approval from the Corps of Engineers and/or the N.C. Division of
Environmental Management as specified above. The permittee should make sure that all necessary information is
provided in order to avoid delays. One copy of the completed form is required by the Corps of Engineers and seven
copies are required by DEM. Plans and maps must be on 8 1/2 x 11 inch paper.
Endangered species requirement: For Corps of Engineers notifications only, applicants must notify the U.S. Fish and
Wildlife Service and/or the National Marine Fisheries Service regarding the presence of endangered species that may
be affected by the proposed project.
U.S. FISH AND WILDLIFE SERVICE
RALEIGH FIELD OFFICE
P.O. Box 33726
Raleigh, NC 27636-3726
Telephone (919) 856-4520
NATIONAL MARINE FISHERIES SERVICE
HABITAT CONSERVATION DIVISION
Pivers Island
Beaufort, NC 28516
Telephone (919) 728-5090
Historic resources requirement: For Corps of Engineers notifications only, applicants must notify the State Historic
Preservation Office regarding the presence of historic properties that may be affected by the proposed project.
STATE HISTORIC PRESERVATION OFFICE
N.C. DIVISION OF ARCHIVES AND HISTORY
109 East Jones Street
Raleigh, NC 27601
Telephone (919) 733-4763
Information obtained from these agencies should be forwarded to the Corps.
r
DEM ID: ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit ft I R
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
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
ATTN: CESAW-CO-E
Telephone (919) 251-4511
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) 733-5083
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.
2. Owners Address: oZ t7 ` ?? i ti ?1? uC 9 U (?QyJV ??\'F? QQ- ,;7g5Z
3. Owners Phone Number (Home): () IQ- -(5(a - 93L1a (Work): 91a-Q4 lo-l3?$
4. If Applicable: Agent's name or responsible corporate official, address, phone num dr: ?900 - 8 ???
Cpl V?
1. Owners Name:
5. Location of work (MUST ATTACH MAP). County:
Specific Location (Include road numbers, landmarks, etc.):
Nearest Town or City:
6. Name of Closest Stream/River:
A j
7. River Basin: o LLi
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO V1
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
J-? /a Lt'y
-t.
.Nk 11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: I(? +? A Cr 4L
Drained:
Flooded:
Excavated:
Total Impacted:
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings on FAA Col
13. Purpose of proposed work: 'S V"' C
14. State reasons why the applicant believes that
taken to minimize wetland impacts. Q* tA-? ;
activity must be, carried otit in wetlands. Also, note measures
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 the permit area that may be affected by the proposed project. Have you done so? YES J)Q NO [ ]
?%RESPONS R?1V? E 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 KA NO [ ]
RESPONSE FROM H AE 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? 0th Si 9-F- k4 Art
F. If applicable, what is proposed method of sewage disposal? hJ 1(acil,
Owner's Signature Date
NAME OF BORROWER:
NAME OF MOBILE HOME
PARK, IF APPLICABLE:
ADDRESS OF PARK:
MANAGER Is PHONE NO.:
ADDRESS WHERE HOME DELIVERED:
PROPERTY LOCATOP
? 1??. ? `?,? - l 318
N111mr--------- -- Phone
?;r.reet: Address (Inch-isle Lot. No.
t y
BORROWER'S MAILING
ADDRESS (IF DIFFERENT):
BORROWER'S NEW PHONE:
State
Zip
DIRECTIONS TO PROPERTY: Directions mu: r. c;tart from a known specific point so that field
inspectors may proceed directly to the location of the mobile home.
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Form 11:5144(12/87)
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or points of location indicating exactly io o d this p r a ert?,Q ?.
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PLAT SHOWING PROPERTY BEING CONVEYED TO
RICHARD CALLOWAY
VILLAGE OF TUNIS
WINTON TS.. HERTFORD CO., NC
SCALE 1• . )O' - NOVEMBER 14, togs
BILLY FELTON - SURVEYOR
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