19970177 Ver 1_COMPLETE FILE_19970306

State 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
AT4
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ED EHNR
March 17, 1997
Moore County
DWQ Project # 970177
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Robert Berkley, Jr.
P.O. Box 874
Golden, CO 80402
Dear W. Berkley:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
material in 0.05 acres of wetlands or waters for the purpose of constructing a road at Oak Creek subdivision,
as you described in your application dated 6 March 1997. After reviewing your application, we have decided
that this fill is covered by General Water Quality Certification Number 3108. 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 except as
modified below. 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 and any additional conditions listed
below. Deed restrictions or conservation easements shall be placed on lots A, B, C and F in the subdivision
to prevent future fill. In addition, you should get any other federal, state or local permits before you go ahead
with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-
Discharge and Water Supply Watershed regulations. 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.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Fayetteville DWQ Regional Office
Mr. John Dorney
Central Files
970177.1tr
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/100/6 post consumer paper
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DEM ID: `7i„_( 0 1 77 CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #):
P,RE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS No
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.
OWNERS NAME : DB
1 ?. 2" - t y c?2,
.
X
MAILING ADDRESS : o,d' Rd
2 4/
o
.
SUBDIVISION NAME : oj!Qe 0,e667 ,
CITY: ?1 ?y/SP INET' ©/NiEr STATE: A)bl ZIP CODE:

PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE) : /2H'y'S x11666 9019D GJ/z?ll/J?2/N? ///xF-c
3. TELEPHONE NUMBER (HOME) :303 T63"1-13 (WORK) :
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:

/tic- ? 83 7-o ?lv Z s =?os s? 21()
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY : NEAREST TOWN OR CITY : 16- /91AIe3-
1

j SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.): Zo cg769
f ZZ ox)

6. IMPACTED OR NEAREST STREAM/RIVER: /Md1? 1Y6Vgb4Jl1'7C.,e 0/ Gfi(411bO,5?)
RIVER BASIN: /2/b'Glll9/?? 70- L/7'T/?
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL
(SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS
SUPPLY (WS-I OR WS-II)? YES [ ] NO [J IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO x
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?
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES [ ] NO IL'F'-,'] 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 X1 IF YES, DESCRIBE ANTICIPATED WORK:
SALTWATER
(ORW), WATER

9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: F wlus
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
08
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: iO5?-- EXCAVATION: 4
FLOODING:
DRAINAGE: Sy
OTHER:
TOTAL ACRES TO BE IMPACTED: os?
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION):
LENGTH BEFORE: L(AdeAI&WIJ FT AFTER : utiC?i// ? T
WIDTH BEFORE (based on normal high water contours): Zo
WIDTH AFTER: 51W6 61z 541 6?VT y Z.926eX- FT
AVERAGE DEPTH BEFORE : -S % VC/7 AFTER : _.FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: Y
CHANNEL EXCAVATION: CONSTRUCTION OF A DAW FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE
WATERSHED DRAINING TO THE POND?
WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
3
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS
ONLY) : .29" ZJ 1,32E /L lCe-D 41decrY
Hoc- ?9iu9 ?e??a2- ?!a
Al9b /u 01/?? ?
13. PURPOSE OF PROPOSED WORK : AwsS /i pZ-c- 12019b Z /'gle ?
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS) ty?! S CG1% ir/ ,4G? ?T ?/1cG?
r ©T ?-rL 11hY-Aff Coo9WA10-r LfW
0777"6-7e: Pl?? /s yk-y ? X02 ,Cd?l s'?2??su
I3 /W&t OM/Cff L/GL 3-6- C as i¢T D /,; Aiyi elxl4 f,
15. U AR UIRE C
( SF S /OR T NAL
AD ES SHEET) GARDI
PRO OS D FOR LIS G END
IN . E 3 MIT A HAT
CO A D:
FROd THESE AGENCIES.)

TA THE U.S. H AND
FI HERIE SERV CE
\ PR EN OF ANY ED
RET?\? OR T REATENE ,-S EC
BE AFF ED B IIE P O
DLIFE SERV
FS (SEE EN
ER-AL Y LI ED
IES ITI ?I T
POSED OJ T. DA -
TACH RESPONSES
16, ?'OU AIZE RE UI b W CONTATH STATE JISTORIt PRES t?AT2 OFFIC
(SHPO (SEE AGEN PDDR SES 1.4 EET) GARDI T T/
9 l RE?EItiC OF N. ST
_OP.I
P R OPER ES IN E ERMIT A WHIMA BE A_ CTED THE ROP \ED
PR?JECI
?ATJ CONTA ED :/ -? ?
17_ DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
4
YES [] NO x" x (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 [] 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 [phone].
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
?NCH EQUALS 100 FEET OR THEIR EQUIVALENT.
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. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY?
`c?sil???7ir9'c?
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? jgEP iq•
`,y'i &_
5
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
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.
??'691 (1 t t-7? 9
OWNER'S/AGENT'S SI ATURE
DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
6
TO PHONE NO. : 19102954477
FROM
0211111997 19:01 9102954477
FEB. 11. 1997 4:22PM P 1
DANIEL. CONSTR.
Tbts letter to Qm* tbat pjCKUD CAVANAVOK has my aWbodxation to sign sit my agora for the
paMm of doWlI s On Nationwide Petadt at mqumed.
Robert O, Halley Jr.
Deco
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