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
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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 '
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t
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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
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