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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 n Jr!P. 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 t . • 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 da 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 2 u 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) . i1`W wr-5f u-vu) A32 � CAP 1,07 1"N� F'a4C - Fck 1121TN ' -- C,�F Fl t,i✓ 1-3. PURPOSE OF PROPOSED WOI:�:: 1C� C L `i�� ��` L l 1 "IVU`J L{iGTN 70, 3 t'. 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. 4 t. '_.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 _ AU" H 0 R . 7 -!_`? O 717-77 'ROM :E OWNER IS g.! 9 D Z? III E t \� / � \\ � � � \ . I ,fg 9?, ,oe , - 6? N ,I 69� 69 N or/ 2 , 3 ( i � \ /\ d \ � \� � . ��\ \/ \% �� . � § / \ ( � �/ /\ . , %! \� , ® )) . . tz » 9 N 6fXR 1 '90 m r,�.6 IASOW Fr 6VI.. 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