HomeMy WebLinkAbout19970896 Ver 1_COMPLETE FILE_19971020State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
?EHNR
October 27, 1997
Robeson County
WQC 401 Project #970896
APPROVAL of 401 Water Quality Certification
Ms. Faye Freeman
124 Oakton Church Road
Fairmont, NC 28340
Dear Ms. Freeman:
You have our approval, in accordance with the attached conditions, to place fill material in 0.75 acres of
wetlands or waters for the purpose of constructing a home at your property on SR 2234, as you described in
your application dated October 17, 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 Stonmwater, Non-Discharge and Water Supply Watershed regulations.
Also 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. H you
change your project, you must notify us and you may be required to send us a new application. H 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). For this approval to be valid, you must follow the conditions listed
in the attached 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 Domey at 919-733-1786.
Attachment
S' erely,
ston H ward, Jr. PXZI
U
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Fayetteville DWQ Regional Office
Mr. John Dorney
Central Files
9708961tr
Division of Water Quality - Non-Discharge Branch
,4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer - 50% recycled/10% post consumer paper
October 17, 1997
97®896
Mr. John Dorney
Division of Water Quality
NC Department of Environment, Health
and Natural Resources
4401 Reedy Creek Road
Raleigh, NC 27626-0535
Dear Mr. Dorney:
?. ?;'r std
In 1995, my husband and I completed an Application for Section 401 Certification
and, subsequently received approval. However, we were unable to locate the proper
fill material for the approved area. We are now in a position to complete the
approved filling. It is our understanding that the Nationwide Permit under which
this approval was issued has now expired and that we need to apply for another
approval.
Enclosed with this letter are the following items:
1. Seven copies of original submittal letter.
2. Seven copies of Application for Section 401 Certification.
3. Location map showing location of property.
4. Soils Map.
5. Tax map showing property and approximate area of wetlands.
6. Copy of Approval of 401 Water Quality Certification.
Anything you can do to expedite the approval of the above data will be appre-
ciated. The contractor needs to move the dirt that he plans to put on our land as
soon as possible. You may contact me at my work at 910-738-9376. Thanks for your
help.
Sincerely,
Faye reeman
124 Oakton Church Road
Fairmont, NC 28340
1 - .,.9
ite/8,O(NII
Mr. John Dorney rNi s
Water Quality Planning V7 08
Division of Environmental Management
NC Department of Environment, Health
and Natural Resources
P. O. Box 29535
Raleigh, NC 27626-0535
Dear Mr. Dorney:
Enclosed with this letter are the following items:
1. Seven copies of Application for Section 401 Certification.
2. Location map showing location of property.
3. Soils Map.
4. Tax map showing property and approximate area of wetlands.
If we need to furnish you any additional information, you may contact me at work
at 910-738-9376.
Sincerely,
Faye Freeman
Rt. 2, Box 404
Fairmont, NC 28340
DEM ID:?_ ACTION ID:
TED (PROVIDE NATIONWIDE PERMIT #)
NATIONWIDE PERMIT REQUES-
:JOINT FORM FOR
NATIONkIDE PTRYITS THAT REQUIRE NOTIFICATION TO THE CORPS OF ENGi;tEERS u,.
NATIONWIDE PETRMITS THAT REQUIRE APPLICATION FOR SECTION 401 CERTIFICATION;;
WILMINGTON DISIRIC7 ENCINEER
CORPS OF ENGINE='S
DEPARTMENT CF T=.Z A%RMY
P.G. BOX 1890
WILMINGTON, NC 2`02-1890
ATTN: CESAW-CO-
Teleohone (919) 251-4511
WATER QUALITY PLANNING
DIVISION OF ENV:RONMENTA- MANAGEMENT
NC DEPARTMENT OF ENVIRCNMENT, HEALTH,
AND NATURAL RESOURCES
P.O. BOX 29535
RALEIGH, NC 27626-0535
ATTN: MR. JOHN DORNEY /
Telephone( 919 ) .= J?? `f gLo
ONE (1) COPY OF TH S COMPLE-En 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.
1. OWNERS NAME: Romulus Elvin Freeman and wife, Faye T. Freeman
2. OWNERS ADDRESS' Rt. 2, B;^_°4 I a'? ?o C' R
Fairmont, NC 28340
3
OWNERS PHONE NUMBER (:OME): 910-628-6772
(WORK) : Wife 910-738-9376
4: IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFF CIAL, A-O KSS,
PHONE NUMBER: N/A
5. LOCATION OF WCRK (MUST ATTACH MAP). COUNTY: Robeson
NEARE T TOwY OR CITY: Fairmont
SPECIFIC LCC;"'ION (INCLUDE ROAD NUMBERS, LANDMARKS, E'TC.). SPP attached
description
6 NAME OF CLOSEST STREAM/RIVER: Hog swamp
.
7. RIVER BAST.T: Lumber River
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES [ ] NO [x1
9. HAVE ANY SECT-ON 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ ] NO [x ]
IF YES, E XP:.A_N.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING
WETLANDS, LCCA': o: ON PROJECT SITE: 2.0±
6/10/92
-2-
11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED B.
THE PROPOSED PROJECT:
FILLED: .75t (not to exceed one acre)
DRAINED:
FLOODED:
EXCAVATED:
TOTAL IMPACTED: .75± (not to exceed one acre)
12. DE--CRIPTICN OF PROPOSED WORK (ATTACH PLANS): See attached sheet
13. PURPOSE OF PROPOSED WORK: See attached sheet
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. See attached sheet
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FIS'r'ERIES SERVICE (NM.FS) 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? YES [ J NO [x;
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRES7RVA7:0N OFFICER
,.-
(SNPO) RECARDI::G THE PRESENCE OF r.:SmnuRIC PROPERTiE5 IN THE PERMIT AREA Wr.: w
MAY BE AFFECTED BY THE PROPOSED PRCJECT?
HAVE YOU DONE SO? YES [ NO [xJ
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 AVA=LABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE !M? ACTED BY
PROJECT.
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SH??TS
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?
Farm
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
Existinq septic tank
6-7-95
C0 ER'S SIGNATURE DATA
12. We would like to c'_ear between one-half to one acre in order that we might build a new
home and have plenty,cf space in our back yard.
The property is located adjacent to S. R. 2234 (Oakton Church Road). On the attached
map, I have placed an asterisk which you will find across from the word Proctorville. This
property is easy to reach from U. S. 74. If you leave 74 and travel on S. R. 2220 until you
reach S. R. 2230; turn right on 2230 and travel to Oakton Church Road; turn left on Oakton
Church Road, and an older home, the first house on the right is our present residence. We
propose to build adjacent to this older home if we can work out the necessary permits.
13. To clear an area for a back yard.
14. It is our proposal to build a home near an existing dwelling in order that we do not
have to use any of our farm land on which to build a house.
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DEM ID: ACTTON ID:
NATIONWIDE PEF:rT REQUESTED (PRCVIDE NATIONWIDE PERMIT C
JOINT FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE CORPS OF ENGINEERS
NATIONWIDE PERMITS THAT REQUIRE APPLICATION FOR SECTION 401 CERTIFICATION
WILMTNGTON DISTR-CT ENGTNE£R
CORPS OF ENGINEERS
DEPARTMENT OF T'E ARMY
P.G. BOX 1890
WILMINGTON, NC 28""02-1890
ATTN. CESAW-CO-E
Telephone (919) 2.1-4511
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRCNMENT, HEALTH,
AND NATURAL RESOURCES
P.O. BOX 2951E ? :..
RALEIGH'., NC 27626-0585
ATTN: MR. JOHN DORNE`! //
Telephone ( 919) ; 715 -f ?t0
ONE (1) COPY OF TINS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SEAT TO THE N.C. DIVIAS=CN OF
ENVIRONMENTAL MANAGEIMENT. ?LEASE PRINT.
1. OWNERS NAME: Romulus Elvin Freeman and wire, Faye T. Freeman
2 . OWNERS ADDRESS' - I G L 2, Bem 4G4 ?k ?o."EyW C.
Fairmont, NC 28340
3. OWNERS PHONE NUMBER (HOME): 910-628-6772
IWO RK) : Wife 910-738-9376
4. 1F APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFF=CIAL, ADDRESS,
PHONE NUMBER: N/A
5. LOCATION OF WCRK (MUST.' ATTACH MAP), COUNTY: Robeson
NEARE'S T TOW2?' OR CITY: Fairmont
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.GPP a ached
description
6. NAME OF CLCSES" STREAIM/RIVER: Hog swamp
7. RIVER BAS7-N:
Lumber River
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS ':ROUT, SA, HQW, ORW,
WS I, OR WS II? YES [ ] NO [xi
9. HAVE ANY SECTION 404 PERMITS BEEN PREV'QUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ ] NO [x
IF YES, EXP A:N.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDNG
WETLANDS, LOCA:'c? ON PROJECT SITE: 2.0±
6/10/92
JUN a? =- -
S
-2-
11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED 2:
THE PROPOSED PRGJECT:
FILLED: .75t (not to exceed one acre)
DRAINED:
FLOODED:
EXCAVATED:
TOTAL IMPACTED: .75t (not to exceed one acre)
12. DESCRIPTION OF PROPOSED WORK (ATTACH: PLANS): see attached sheet
13. PURPOSE OF PROPOSED WORK: see attached sheet
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. see attached sheet
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USpWS) AND/OR NATIONAL MARINE FISP;ERA- SERVICE (NMFS) REGARDING THE PRE-::?%-
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? YES [ I NO [xl
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVAT=ON OFFICER
S O EGARD'[NC THE PRESENCE OF r._S P.-C PROPERTIES IN 'E ^aM= AR.,A r.. ,.,
MAY BE AFFECTED' BY THE PROPOSED PROJECT?
HAVE YOU DONE SO? YES [ ] NC [x]
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 AVA=LABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PROJECT.
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEES
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
D. IF A STORMWATER MANAGEMENT PLAN TS REQUIRED FOR THIS PROJECT, ATTACH
COPY.
E. WHAT IS LAND USE OF SURROUNDING PROPERTY?
Farm
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
Existing septic tank
?. ?r SLR ^MQ,?.J 6-7-95
OWNER'S SIGNATURE L^1=
m
12. We would like to clear between one-half to one acre in order that we might build a new
home and have plenty of space in our back yard.
The property is located adjacent to S. R. 2234 (Oakton Church Road). On the attached
map, I have placed an asterisk which you will find across from the word Proctorville. This
property is easy to reach from U. S. 74. If you leave 74 and travel on S. R. 2220 until you
reach S. R. 2230; turn right on 2230 and travel to Oakton Church Road; turn left on Oakton
Church Road, and an older home, the first house on the right is our present residence. We
propose to build adjacent to this older home if we can work out the necessary permits.
13. To clear an area for a back yard.
14. It is our proposal to build a home near an existing dwelling in order that we do not
have to use any of our farm land on which to build a house.
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2225
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr„ Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
APPROVAL of 401 Water Quality Certification
Mr. and Mrs. Freeman
Route 2, Box 404
Fairmont, N.C. 28340
Dear Mr. and Mrs. Freeman:
k!,.KTA
?EHNR
July 14, 1995
Robeson County
DEM Project # 95624
You have our approval to place fill material in 0.75 acres of wetlands or waters for the purpose
of constructing a residence at your property on SR 2234, as you described in your application dated 14
June 1995. After reviewing your application, we have decided that this fill is covered by General
Water Quality Certification Number 2671. 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. If
you change your project, you must notify us and you may be required to send us a new application.
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.
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. 276 1 1-7447. This certification and
its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Environmental Management under Section 401
of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786.
Attachment
PP l ,
top o d, Jr. P.
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Fayetteville DEM Regional Office
Mr. John Domey
Central Files
95624.1tr
???(J
P.O, Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% past-consumer paper
r'
Fn,p rORPS
GENERAL CERTIFICATION FOR PROJECTS ELIGIBI
OF ENGINEERS NATIONWIDE PERMIT NL-t-3ER 26 ('EADWATERS
AND ISOLATED WETLANDS)
This General Certification is issued in conformity with the
requirements. of Section 401,. Public Laws 92-500 and 95-217 of the
United States and subject to the North Carol_na D_vis_on of Envi-
ron_-rental Management Regulations in 15A NCAC 2H, Section .0500
and 15A NCAC 2B .0-1-09 and .0201 for the discharge- o, =ill mate-
rial to navigable waters and adjacent wetland areas which are
above the headwaters or to wetland areas that are not a part of
the surface tributary system to interstate waters or navigable
waters of the United states 0- - e . , isolated we'-lands) as
described in 33 CkR 330 Appendix A (B) (26) of the Corps of Engi -
neers-regulations (i.e., Nationwide Permit No. 26). The category
o f activities shall include any fill activi ty in these headwaters
and isolated wetland and water areas where the act_v_Ly results
in the loss or substantial mod-ficat-ion of not more tnan 10 acres
o- Waters O_ the United States, -including wetland !'his
Certification replaces Water Quality Certi ficati On NL-lber 2-1-76
issued on November 5, 1987.
The State of North Carolina certifies that the sznecified
category of activity wi 11 not violate sect' cns 30' -02, 303, 300
and 307 of the Public Laws 92-500 and 95-21 7 i . Gond_cted i n
accordance with the conditions hereinafter set --Forth-
j- 0- Certif-cation:
1. Proposed _i11 or substantial mod--ication o- greater than
o e-third of an acre of such waters, 2-nC-uC1`g wetlands,
regili_res a written concurrence =rO:ii the ?-v1=ion Of Env_-
ron-inental Management.
2 . Proposed -ill Or subs tant-al modi f_catio- o- ecual to Or
less tnan one-third of an acre of such waters, including
Wetlands, does not require written concurrence from the
Division o Environmental Management.
3. Proposed -ill of greater than one acre i- S'.; trout,
- QW, ORid, S-JS-T and WS-TT watersheds requ_res publ-C
n.Otice and an individual 401 Certif-CatlGn __Om the D? v i -
s ion o- Environmental ? a? age. eme1? c ;
A at established sediment and erosion Cc-, c- praCtlCeS
ut-- j e^ to prevent viol ations o_T the =rOpr-ate
r e -
t lrrjldit hater Quallt standard (50 N'1'Us in streams 1S and
rivers no-, designated as trout %•rat-.=s b]% DE,.. 25 NTUs i n
all salt;.:ater classes, and all lakes and =es_rvoi rs; 10
NTUs in =out waters);
5. That aec_ i onal site-specific conditions be added to
projects greater than one-thi=s of an azre impact
t:'hich are Proposed under this Certfflcat_on -n order to
ensure cC'Ip1_ance with all applicable water =ual-ty and
e-fluent stLandards;
6. I';easures shall be take, to preve-it live or -=esh
concrete -ro-: coming into contact ?,:_th wat-ers of the
stai.e until the concrete has harde ed.
7 Concurrc-ce -rom: DEM this Cer of i cati on. acp_-es to _n
.Lnd?vi cual project shall expire three vea--- s __Oiii Chfe date