HomeMy WebLinkAbout19970911 Ver 1_Complete File_19971103State of North Carolina
Department of Environment, ATRMAI
Health and Natural Resources • 0
Division of Water Quality a
James B. Hunt, Jr., Governor EL
Wayne McDevitt, Secretary p E H N FTL
A. Preston Howard, Jr., P.E., Director
November 3, 1997
Currituck County
DWQ Project # 970911
APPROVAL of 401 Water Quality Certification and ADDMONAL CONDPITONS
Mr. James E. Moore, Jr.
Route 2, Box 217
Moyock, NC 27958
Dear Mr. Moore:
You have our approval, in accordance with the attached conditions and those listed below, to
fill in 0.05 acres of wetlands or waters for the purpose of road crossing at SR 1142, as you
described in your application dated October 23, 1997. After reviewing your application, we have
decided that this 511 is covered by General Water Quality Certification Number 3103. This
certification allows you to use Nationwide Permit Number 14 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 AMA permit expires unless otherwise speed 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
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.
1. Deed notices, 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.
- 1
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Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Mr. John Dorney
Central Files
9709111tr
Division of Water Quality • Non- Discharge Branch
4401 Reedy creek Rd., Raleigh, NO 27607 Telephone 919 - 733 -1786 FAX # 733 -9959
An Equal Opportunity Affirmative Action Employer - 50% recycled1l0% post consumer paper
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OEM T_D: y C( :,RPS ACTION ID:
NATIONWIDE PER IT REQUESTED (PROVIDE NATIONWIDE PERMIT
PRE —CONSTRUCT !0N NOTIFICATION APPLICATION
FOR NATIONWIDE PERMTTS .;HAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS `c�
2) APPLICATION FOR SECTION 401 CERTIFICATIONS
3) COORDINATION WITS THE NC DIVISION OF COASTAL MANAGEMENT
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SEND THE ORIGINAL AND (I ) COI'Y OF THIS COMPLETED FORM TO THE APPROPRIATE 2�N�
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 N
(SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1 OWNERS NAME; JA ryl E S E - NkcoIV-c �j 2- ( e�q
2. MAILING ADDRESS:
ET_ ..z 1-OK -Z F7 i
LtLcc_� , Fes} L '% SUBDIVISION NAME: X41,
CITY. )Arr) cc K_ * 'sT .TE. I C ZIP CODE.
PROJECT LOCATION ADDRESS, 111CLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE) : I, L,Ae FEZ %Akt ! l (C L- K( `5"4P
ace- ITI-tL (1�. y :C c r: c =�= S: i t 4-z.
3. TELEPHONE NUMBER (HOME) : Z32- --36 4-4 (WORK)
4. IF APPLICABLE: AGENT'S "N =.ME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
5. LOCATION OF WORK (PROVIDE. A HAP, PREFERFBLY COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY W 'TH SCA?.7) : ��lnf �c7GK_
COUNTY: LlltZQt IUC IC � ?C!rV i', NE71 REST TOWN OR CITY:
=C A l TACH�O
SPECIFIC LOCATION (INCLUDE ROAD
' (HAMPTu&I NUMBERS, LANDMARKS, ETC.) _ � ��� -' �' �N� ENS
4-2_
6. IMPACTED OR
NEAREST STRE WRIVER:
u- (locc-
6n-)/q o
RIVER BASIN:
'! -i` %y"o I / -' !-Ni
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA) , HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW) , WATER
SUPPLY (WS-1 OR WS -II)? YES [ ] NO [�/] IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ NO [ ]
7c. IF THE PROJECT IS LOCP "'ED 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 PI,RMITS BEEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES f ] NO (lV]/ IF YES, PROVIDE ACTION T -.D. NUMBER OF
PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION) :
8b. ARE ADDIT-q NAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
E JRE? YES (VI NO f ] IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBEn, OF ACRES IN TRAC" OF LAND:
C--. ESTIMATE- TOTA_ NUMSE. OF ACRES OF WETLANDS jOCATED ON PROJECT SITE:
343 '�Lo
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10a. NUMBER OF ACRES OF WET:ANDS T.PACTED BY THE PROPOSED PROJECT BY:
fi ` c ( T
�
FILLING: �1 EXCAVATION:
FLOODING:
0THEP, :
Z i� Sal ,Fr,
TOTAL ACRES TO BE IMPACTED: I
0,05 AG
10b. 1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF `
RELOCATED, VIDE DISTANCE .T30TH BEFORE AND AFTER RELOCATION) -
LENGTH BEFORE: FT AFTER FT
WIDTH BEFORE (based on norma n.gn'wa 2i =0U_S) FT
WIDTH AFTER: FT
AVERAGf DEPTH BEFORE: FT AFTER: -"
IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY.) -- "-
(2) STREA.M__ChP.NNEL T
OPEN CHANNEL RELOCATION: _ °LACEMENT -OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: CONSTRUCTION OF A 17Ax,4ZLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE
WATERSHED DRAINING TO THE POND? k /
WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED
WORK INCLUDING
DISCUSSION OF TYPE OF
MECHANICAL
EQUIPMENT
7F i r-
TO BE
l Z '
USED (ATTACH PLANS: 8 ?/2" X 11" DRAWINGS
�A j i QC- N C e4 x l..L? fi A TORL
ONLY) .
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A32 � CAP 1,07 1"N� F'a4C -
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1-3. PURPOSE OF PROPOSED WOI:�:: 1C� C L `i�� ��` L l 1 "IVU`J L{iGTN
70,
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14. STATE REASONS WHY IT I-- BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS (INCLUDE AN MEASURES TAEEN TO MINTMIZE WETLAND
IMPACTS) TN15�'�,
—IMPACT C %l� f ,�' ILA %c ', 0, C°��� �1L CiF F LL � 2
15:`----- -Y- i7 ARE REQUIRED TO CCNTACT THE U.S. FISH AND WILDLIFE SERVICE -
(USFWS) ANiS %OR -.-_lT TIONP..L MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY
ADDRESSES SHEET) REGr.RDING._._T,nE PRESENCE OF ANY FEDERALLY LISTED OR
PROPOSED FOR LISTING ENDANCERED,OR- TH.EATENED SPECIES OR CRITICAL HABITAT
IN THE PERMIT AREA THAT MAY- ° BE- AFFECTED BY -- THE--P_$OP_OSED PROJECT. DATE
CONTACTED: _ CH RESPONSES
FROM THESE AGENCIES.)
16 . -foV- ARE_- --I�EQUI-R£-i T-0,- CONTACT THE STATE HISTORIC _PIRESERVAT- TON -- OFFICER
(SHPO) (SEE AGENCY�DDRE_SS�!S_ SHEET) REGARDING_ THE PRESENCE OF HISTORIC
PRO PERT IES. --IN--T1iE PERMIT AREA W_i�iCFi ? 1` -BF -A FCCTED BY THE -PROPOSED
PROJECT. DATE CONTACT Ep: = --_"
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES [J NO (j(IF NO, GO TO 18)
a. IF YES, DOES THE : ?ROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE R,'EQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL
POLICY ACT?
YES [] NO 'j
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 ADN NISTRA -TON, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603 -8003, TELEPHONE (91-9) 733 -6369.
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'_.b. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF E=C VA,TED OR FILL MATERIAL
INTO WETLANDS:
a. WETLAND DELINEATIOr MAP SHOWING ALL "WETLANDS, STREA?KS, LAKES
AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26,
29, A_ND 38) . ALL STREAMS (I:NTERMITTENT AND PERMANENT) ON THE PROPERTY
MUST BE SHOWN ON THE MAP. ILAP SCALES SHOULD BE 1 INCH EQUALS SO FEET OR 1-
INCH EQUALS 1-00 FEET OR THE-'R 'EQUIVALENT.
b. IF AVA_ILA_BLE, 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 O'? SURROUNDING PROPERTY? gL-�:51[�)c AI TIA � i9
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? AI I_ vVUA .._
g. SIGNED AND DATED cGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SEZTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF,
ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3) (IN TI= TWENTY COASTAL COUNTIES ONLY) , A LETTER FROM THE
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIy,1�� IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
ENT' S SIGN '_ J "JA-- ONLY
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