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HomeMy WebLinkAbout19970870 Ver 1_COMPLETE FILE_19971010State of North Carolina Department of Environment, LTRXA Health and Natural Resources 4 Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary C) E H N F11' A. Preston Howard, Jr., P.E., Director October 21, 1997 Northampton County DWQ Project # 0870 APPROVAL of 401 Water Quality Certification and ADDPITONAL CONDITIONS Mr. Richard Jernigan 6164 Brinkley Park Drive Belews Creek, NC 27009 Dear Mr. Jernigan: You have our approval, in accordance with the attached conditions and those listed below, to fill in 0.53 acres of wetlands or waters for the purpose of road crossing at Rich Square, as you described in your application dated October 1, 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. 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. 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 requurd 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 cert (f adon and any additional conditions listed below. 1. Deed restrictions, conservation easements or similar mechanisms shall be placed in all lots with remaining jurisdictional wetlands and waters to restrict future wetland and/or water impact. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). 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. inc re Pre n H'Jr. P Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office Raleigh DWQ Regional Office Mr. John Domey Central Files 970870 ltr Division of Water Quality - Non-Discharge Branch 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX tt 733-9959 An Equal Opportunity Affirmative Action Employer - 50% recydedh 0% post consumer paper UNITED STATES DEPARTMENT OF AGRICULTURE 97087() Soil Conservation Service P.O.Box 218 Jackson, N. C. 27845 Phone: (919) 534-2591 Date: October 6, 1997 ------------------------------------------------------- Jean Manuele? U.S. Army Corps of Engineers %?, Regulatory Field Office 6512 Falls of the Neuse Rd. , G? Suite 105 ?vr `-Op Raleigh N.C. 27615 uc '? aP Jean, Enclosed please find the Converted Wetland for Non- Agricultural Use (CWNA) plan for Richard Jernigan in Northampton county and a permit application for the work. I realize that the CWNA plan is contingent upon approval of the permit. This plan is written to specifically address the clearing of wetland for Farm Bill purposes. The attached map shows the proposed road. I am sending the required seven copies to John Dorney of Water Quality. Sincerely, Tony Short District Conservationist copies: Richard Jernigan John Dorney (7) DEM ID: ACTION ID: '? IS Nationwide Permit Requested (Provide Nationwide Permit ft 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 PLANNING 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 (919) 251-4511 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. P :, f , 1. Owners Name: /4(- h a V? Te 9 A-.A! 2. Owners Address: 3. Owners Phone Number (Home): (Work): 4. If Applicable: Agent's name or responsible corporate official, address, phone number. /2 r ,? O?tX V ? l? h rS Q/Y?? 5. Location of work (MUST ATTACH MAP). County: Nearest Town or City: `- Spe/cific Location (Include road numbers, fdndm Vz- arks.,'?( /e?.): . /C .)br ? (b C 4 <? 7 r11 • )-r Ski ? /V/ GL. Ar a.? 6. Name of Closest S 7. River Basin: 8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO 9. Have any Section 404 permits been previously requested for use on this property? YES [ ] •NO/K If yes, explain. 10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 0. T,? 11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: Filled: 0. Z3 Drained: Flooded: Excavated: Total Impacted: D. r3 .z I i, 12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): J f 13. Purpose of proposed work: A2 C3Lu Q? 61 14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures taken to minimize wetland impacts. 76 ?a- 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? /4-/ [ ] NO)?Q 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 dony,a ? YES [ ] N0^1 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? 1A100 4 (" F. If applicable, what is proposed method of sewage r r}F 1!t.164 • ,;lr: awl ?l Dite 4 1 PLAN TO CONVERT NVETLANDS FOR NON-AGRICULTURAL USES (see instructions on.reverse side) me Richard Jernigan Date 9-26L-97 ntact Person Name chard Jernigan Telephone No. 910-595-9085 . ntact Person Address .6164 Brinkley Park nriva Farnn No. -11 an .Belews Creek NC. 27009 _ Tract No. 1461. Welland Acreage 0:53 tsenl Land Use woodland Planned Land UseFaillrosad scribe ilia condition or the nrea (tint you plan to convert. cutover woodland )n-Agricultural Purpose (For example: Aquacullure, houses, road, etc.) install a farm road to access a field nlicipnted date alterations will be coinple(e & plan implemented. Oct-liar 1 aa7 armed Cover for the Area grass, weeds, lespedeza or wildlife food reside roa&-- xplain why it is necessary to nlter wetlands ror (his project (hunch ndditioonl sheet It needed • sea note ea bock) to get access _to field that mcasures have been taken to avoid or minimize the loss or errect on wetlands +i rich wi 1 1 be mini maim f-r. e , )(her Comments (add anything you reel will be important to the approval or this plan) Conditions for Approval Signature or District Conservationist Date c7-Z6-27 1 ' i t Ii l I Tennt of ,\pprnvnl i. Thk exenptimt 14 vidid ror it lterind of three (3) yeah rollnaine d:?te of npprorid by District Couservnlioald. If Planned nolvity (t out cnnipleled by thic date. Thli exeniplinh it void. Producer cony re-nppiy fnr a new CWNA. 2. Fnilure to follow the nplimved plan will cause the area to become cmiverletl ivelisaid said a vinhid is of Ilse Welland prnviiimiv rif Ilse I49b I tilisl Dili: s r r' 3. Thli exemption le for I°ood Secorily Art porimises naly. Other state midlor retleral Penuilt cony he regtdred. The Citrln or Fut;ineers xlinold he cnnlarlml prior to nivaiiniiis, I'latnivl ,\ctivitiiri. Plan Approved: As submilted_ X_ With Conditions Plan NOT Approved SEP-26-97 FRI 8:46 EXECUTIVE BEECHCRAFT FAX NO. 816 842 9948 P,01 vt'c° 6)1' 6. L. r IC `fir /,f .SZ' iF ?1, AI Irv' y.alzi`.vcaD3 t ??--rrzs ,f r'?J F?c- 4,os 1.-1 iA' G -;X.41 -,r'- 6 fir.. I 1 ?;J" r,, . - , y.-" "' h'k. r' ! r 1 1001, AwA& ol'/. ?.. .4 T- s' i i