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Home My WebLink About19970821 Ver 1_Complete File_19970929State 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 IVA A&4 �EHNR September 29, 1997 Beaufort County DWQ Project # 970821 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Mr. Milton P. Bennett 2440 Tar Landing Road Willimaston. North Carolina 27892 Dear Mr. Bennett: You have our approval, in accordance with the attached conditions and those listed below, to fill in 0.049 acres of wetlands or waters for the purpose of landscaping at Aurora as you described in your application dated September 23, 1997. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3106 This certification allows you to use Nationwide Permit Number 18 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 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 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 Domey at 919- 733 -1786. S' �Howar r .E. Attachment ca Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DWQ Regional Office Mr. John Dorney Central Files 9708211tr Division of Water Quality • Environmental Sciences Branch Environmental sciences Branch, 4401 Reedy Creek Rd., Raleigh, NO 27607 Telephone 919 - 733 -1786 FAX # 733 -9959 An Equal Opportunity Affirmative Action Employer - 50% recycled/10% post consumer paper 1 DEM ID: CORPS ACTION ID: NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): PRE- CONSTRUCTION NOTIFICATION APPLICATION FOR NATIONWIDE PERMITS THAT REQUIRE: 7�G, 1) NOTIFICATION TO THE CORPS OF ENGINEERS •ljy� �%� �Q 2) APPLICATION FOR SECTION 401 CERTIFICATION 3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE s 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 (SEE AGENCY ADDRESSES SHEET). PLEASE PRINT. 1. OWNERS NAME: M, I f or P' teNtJ eM 2. MAILING ADDRESS: 4110 TA i; L A AID) N GIN n A I-) SUBDIVISION NAME: �ln CITY: �,I "T- STATE: -At ZIP CODE: j PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): 3. TELEPHONE NUMBER (HOME) : � 2ogs (WORK) : 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: /YEA 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AE L PHOTOGRAPHY WITH SCALE): COUNTY: z e#414T iup< NEAREST TOWN OR CITY: 1 AJT O SPECIFIC LOCATION( (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): S oup s tD � -of- � v O. s� 1944 I Po #,rr 6. IMPACTED OR NEAREST STREAM /RIVER: ICE> O ar dl � Ejl� RIVER BASIN:AI 7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA) , HIGH QUALITY WATERS (HQW) , OUTSTANDING RESOURCE WATERS (ORW) , WATER SUPPLY (WS -I OR WS -II)? YES ( ] NO [3( IF YES, EXPLAIN: 7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO [X,�- 7c. IF THE PROJECT IS LOCATED 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 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [ ] NO [<J IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): 8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES [ ) NO CW- IF YES, DESCRIBE ANTICIPATED WORK: 9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: )'I 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: . I R C2e. 10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: ' 49 }EXCAVATION: IV/ A FLOODING: /v / OTHER: DRAINAGE: /V/ TOTAL ACRES TO BE IMPACTED: 10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION): LENGTH BEFORE: FT AFTER: FT WIDTH BEFORE (based on normal high water contours): FT WIDTH AFTER: FT AVERAGE DEPTH BEFORE: FT AFTER: FT (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) 4/ A OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: CHANNEL EXCAVATION: CONSTRUCTION OF A DAM /FLOODING: OTHER: 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHA I THE SIZE OF THE WATERSHED DRAINING TO THE POND? ��11'' ��jj WHAT IS THE EXPECTED POND SURFACE AREA? 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS ONLY) : . 4XA W IN -L 0- Ygj 1 13. PURPOSE OF PROPOSED WORK: 1�t'.vL D VL U e nL)A To —F>(?ev niVT 'M S c ILJ v '2eeiw1a 01J �r 9 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. (INCLUDE ANY EASURES TAKEN TO MINIMIZE WETLAN 16, IMPACTS) ��.T' S ak' 15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND /OR _.NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY �r ADDRESSES SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAYBE- AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: (ATTACH RESPONSES FROM THESE AGENCIES.) 16. YOU ARE QU3-REE -2'O- CONTACT THE STATE HISTORIC _P�RESERVATI- ON_D-FFICER (SHPO) (SEE AGENCY_ ADDRFS- SES.__SHEET) - REGARDING THE PRESENCE OF HISTORIC PROPERTIES -- I _ -N -'M PERMIT AREA WHICH MAY BE AFFECTED BY THE-PROPOSED PROJECT. DATE CONTACTED 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES [] NO W (IF NO, GO TO 18) a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES [I NO [I b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE? YES [I 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 ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603 -8003, TELEPHONE (919) 733 -6369. 4 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF / PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS: a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH EQUALS 100 FEET OR THEIR EQUIVALENT. 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. ATTACH P_ COPY OF THE STORMWATER MANAGEMENT PL IF RE UIREQ �� 1 e. WHAT IS LAND USE OF SURROUNDING PROPERTY? 1_ SI �� L,. _ f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? �,�ic +in�a SE -ATIC g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO: 1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, 2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND 3) (IN THE TWENTY COASTAL COUNTIES ONLY) , A LETTER FROM THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM. OWNER'S /AGENT'S SIGNATURE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED (18g.)) 5 DATE ENDANGERED SPECIES: U.S. FISH AND WILDLIFE SERVICE RALEIGH FIELD OFFICE P.O. BOX 33726 RALEIGH, NC 27636 -3726 TELEPHONE (919) 856 -4520 HISTORIC RESOURCEq: STATE HISTORIC PRESERVATION OFFICE N.C. DIVISION OF ARCHIVES AND HISTORY 109 EAST JONES STREET RALEIGH, NC 27601 TELEPHONE (919) 733 -4763 STATE REGULATORY AGENCIES: AGENCY ADDRESSES NATIONAL MARINE FISHERIES SERVICE U.S. FISH AND WILDLIFE SERVICE HABITAT CONSERVATION DIVISION ASHEVILLE FIELD OFFICE PIVERS ISLAND 160 ZILLICOA STREET BEAUFORT, NC 28516 ASHEVILLE, NC 28801 TELEPHONE (919) 728 -5090 TELEPHONE (704) 665 -1195 MR. JOHN DORNEY MR. STEVE BENTON DIVISION OF ENVIRONMENTAL MANAGEMENT DIVISION OF COASTAL MANAGEMENT NORTH CAROLINA DEPARTMENT OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL ENVIRONMENT, HEALTH, AND NATURAL RESOURCES RESOURCES 4401 REEDY CREEK ROAD POST OFFICE BOX 27687 RALEIGH, NORTH CAROLINA 27607 RALEIGH, NORTH CAROLINA 27611 -7687 TELEPHONE (919) 733 -1786 TELEPHONE (919) 733 -2293 (919) 733 -1495 CORPS OF ENGINEERS FIELD OFFICES: RALEIGH REGULATORY FIELD OFFICE US ARMY CORPS OF ENGINEERS 6508 FALLS OF THE NEUSE ROAD, SUITE 120 RALEIGH, NC 27615 TELEPHONE (919) 876 -8441 ASHEVILLE REGULATORY FIELD OFFICE US ARMY CORPS OF ENGINEERS 151 PATTON AVENUE, ROOM 143 ASHEVILLE, NC 28801 -5006 TELEPHONE (704) 271 -4854 WASHINGTON REGULATORY FIELD OFFICE US ARMY CORPS OF ENGINEERS POST OFFICE BOX 1000 WASHINGTON, NC 27889 -1000 TELEPHONE (919) 975 -1616 ATTN: WILMINGTON REGULATORY FIELD OFFICE US ARMY CORPS OF ENGINEERS POST OFFICE BOX 1890 WILMINGTON, NC 28402 -1890 TELEPHONE (910) 251 -4511 CESAW -CO -R COASTAL COUNTIES IN NORTH CAROLINA: BEAUFORT BERTIE BRUNSWICK CAMDEN CARTERET CHOWAN CRAVEN CURRITUCK DARE GATES HERTFORD HYDE NEW HANOVER ONSLOW PAMLICO PASQUOTANK PENDER PERQUIMANS TYRRELL . WASHINGTON TROUT COUNTIES IN NORTH CAROLINA ALLEGHANY ASHE AVERY BUNCOMBE BURKE CALDWELL CHEROKEE CLAY GRAHAM HAYWOOD HENDERSON JACKSON BACON MADISON McDOWELL MITCHELL FOLK RUTHERFORD STOKES SURRY TWAIN TRANSYLVANIA WATAUGA WILKES (ANCEY WILKES kLIFAX WILSON IORTH CAROLINA COUNTIES LISTED BY APPROPRIATE U.S. ARMY CORPS OF ENGINEERS FIELD OFFICES: ALEIGH REGULATORY FIELD OFFICE .LAIIANCE LEE .LLEGHANY NASH SHE NORTHAMPTON 'ASWELL ORANGE HATIiAM PERSON AVIDSON RANDOLPH AVIE ROCKINGHAM URHAM STOKES DGECOMBE SURRY RANKLIN VANCE ORSYTH WAKE RANVILLE WARREN UILFORD WILKES kLIFAX WILSON ')HNSTON YADKIN ASHEVILLE REGULATORY FIELD OFFICE ALEXANDER LINCOLN AVERY MACON BUNCOMBE MADISON BURKE MCDOWELL CABARRUS MECKLENBURG CALDWELL MITCHELL CATAWBA POLK CHEROKEE ROWAN CLAY RUTHERFORD CLEVELAND STANLEY GASTON SWAIN GRAHAM TRANSYLVANIA HAYWOOD UNION HENDERSON WATAUGA IREDELL YANCEY JACKSON WASHINGTON REGULATORY FIELD OFFICE BEAUFORT PAMLICO BERTIE PASQUOTANK CAMDEN PERQUIMANS CARTERET- PITT CHOWAN TYRRELL CRAVEN WASHINGTON CURRITUCK WAYNE DARE GATES GREEN * (CROATAN HERTFORD NATIONAL FOREST HYDE ONLY) JONES LENOIR MARTIN WILMINGTON_ REGULATORY FIFLD CFFICE ANSON ROBESON BLADEN SAMPSON BRUNSWICK SCOTLAND CARTERET COLUMBUS CUMBERLAND DUPLIN HARNETT HOKE MONTGOMERY MOORE NEW HANOVER ONSLOW PENDER RICHMOND AoV N- ",j ' ` INTERIOR �l/L�y 143 '44 ` _4� 30^ ^��m _ o UNITED STATES DEPARTMENT OFCOM80BBC> COAST AND GE0DET>CSORYl 56541 NW 346 (RAN50MVILLE)l � 347 m ^ ` - � ` - \ -`-- ~--_— / / 7 �. -------'---__ --------_ 2 Z� Berry Grass ag Sandy landing —\ Ree —''