19970565 Ver 1_Complete File_19970819

State of North Carolina
Department of Environment,
Health and Natural Resources
Div(slon of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Mr. Henry Moore
P.O. Box 54
Washington, NC 27889
WQC #970565
Beaufort County
Dear Mr. Moore:
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August 19, 1997
The Division of Water Quality has reviewed your plans for the discharge of fill material
into 0.408 acres of waters and/or wetlands located at SR 1316 and SR 1315 in Beaufort
County for residential development. Based on conversations with the Corps of Engineers and
review of our rules we must retire these applications as inappropriate for two reasons. First,
Nationwide Permit 29 can only be used for one lot in the subdivision while you have proposed
its use on a total of five lots. Second, the cumulative impacts of this fill would have more than
minimal effect on water quality. Therefore, we are retiring your 401 Certification as required
by 15A NCAC 2H.0506. Until we receive additional information, we are requesting (by copy
of this letter) that the U.S. Army Corps of Engineers place your project on administrative hold.
Please provide us with information supporting your position that your project must be
constructed as planned and that you have no practicable alternative to placing fill in these waters
and/or wetlands. Specifically can you construct your residential development by minimizing
lot fill Also the Corps of Engineers will need to decide whether all of these lot fills constitute
one project and which type of permit is appropriate. Any documentation such as maps and
narrative that you can supply to address alternative designs for your project may be helpful in
our review of your 401 Certification. Also this project will require compensatory mitigation as
described in 15A NCAC 2H .0506(h). Please respond within two weeks of the date of this
letter by sending a copy of this information to me and one copy to Ms. Deborah Sawyer at the
Washington Regional Office at 1424 Carolina Avenue, Washington, NC 27889. If we do not
hear from you in two weeks, we will assume that you no longer want to pursue this project and
we will consider the project as withdrawn. I can be reached at 919 - 733 -1786 if you have any
questions.
cc: Wilmington DWQ Regional Office
Wilmington Office Corps of Engineers
Central Files
Wilmington Field Office, Corps of Engineers
incerely,
J hn R. Dorney
ater Quality Certification Program
970581.nty
Division of Water Quality - Environmental Sciences Branch
4401 Reedy Creek Rd., Raleigh, NC 27626 -0535 - Telephone 919 - 733 -1786 - FAX [phone]
An Equal Opportunity Affirmative Action Employer 50°x6 recycled/ 10% post - consumer paper

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9 7 0 :) 6.r; ACTION ID:
DEM ID: 7 ,.,d• �
Nationwide Permit Requested (Provide Nationwide Permit #): �/ �ti�. 1991
JOINT FORM FOR X'`
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Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
TO DI I NGINEER WATER QUALITY PLANNING
C F GI DIVISION OF ENVIRONMENTAL MANAGEMENT
DE NT FT ARMY NC DEPARTMENT OF ENVIRONMENT, HEALTH,
P.O. ox 0 AND NATURAL RESOURCES
Wil o C 2 0 -1890 P.O. Box 29535
A - O -E Raleigh, NC 27626 -0535
ho (91 51-45 ATTN: MR. JOHN DORNEY
Telephone [phone]
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. �/ _
1. Owners Name: / A� / / z -''I %1 / "l r� i> % �°- T /—
2. Owners Address: Z I JA , r ,
3. Owners Phone Number (Home): `'I / q 9 qj� 57— 5 7 (Work): �Il43�
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
5. Location of work (MUST ATTACH MAP). ounty: ��t�/�i rA
Nearest Town or City:
Specific Location (I clude road numbers, landmarks, etc.): �o-qV A.
vie f k_ �Q pt - S R / ; ►(t
6. Name of Closest Stream/RivJer: F� m
7. River Basin: ��� / i C--, - 0
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO [e
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
11. Number of acres of waters of the U.S:, including wetlands, impacted by the proposed project:
Filled:
Drained:
Flooded: A/" P
Excavated: 14' ! D iC
Total Impacted: a

12 scription of proposed work (Att h PLANS -8 1/2" X 11" drawings only:
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13. Purpose of proposed work: TO
14. State reasons why the applicant believed that this activity mush be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. / � ,V._.� _ i�� l a,.,7
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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? YES[ ] NO [�
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 histonc
properties in the permit area which may be affected by the proposed project? Have you done so? YES [ J NO [V
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? / `V-tTl tiN TO
F. If applicable, what is proposed method of sewage disposal?
Owner's Signature Date
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U.S. ARMY CORPS OF ENGINEERS N 31313 a a
Wilmington District F_ 31800
Action ID: /2 9 76 5aQ % County: uN t n�4
Notification of Jurisdictional Determination
Property owner /Authorized Agent uet,w t �-� /Li oo✓P
Address P. a R. V ":74
,ti"' 2708ti
Telephone Number (q /q i q+6- 52577
Size and Location of Property(waterbody, Highway name /number, town, etc.)
1,f�, q� -ect /ox. — %vk1 .S Cl rles I-N
of i(/L6 X316 �G�aPw..]C✓ BCkc,�, R,_ 1.a «,-{- fv SIC Y.cl.�ia �ILei
Indicate Which of the following apply:
ere are wetlands on the above described property which we strongly suggest should be
C")Th
"ed• T l�. 111 k/J W111 Ill6Atr a filial
yc a: pet ty---
• Because of t size of your property and o present workloa , our identific� ion and delineati of your
wetlands can of he acco plished in a tim y manner. You ay wish toe loy a consultant o obtain a
more timely elineation f the wetlands. nce your consult nt has flagged wetland line on a property,
Corps staff ill review i ,and, if it is accu ate, we strongly commend th you have the lin surveyed for
final appro al by the C rps. The Corps ill not make a fin, jurisdictional determination on your property
without an approved s rvey.
D �• The wetlands on your lot have been delineated, and the limits of Corps jurisdiction have been explained
to you. Unless there is a change in the law or our published regulations, this determination may be relied
upon for a period not to exce,,po twee years from the date of this notification.
• There re no etlands pregent�on t above d scribed prop rty which are subjec to the ermit
requir ents f Sectio 404 of the Cle n Water t (33 USC 13 ). Unless here is a ange i �ei he law
or our ublis ed regul ions, this dete ination m y be relied up n for a per od not to xceed th years
from t e date f this n tification. tq ��.6 - 6491
O• The project is located in one of the 20 Coastal Counties. You should contact the nearest State Office of
Coastal Management to determine their requirements.
Placement of dredged or fill material in wetlands on this property without a Department of the Army
permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is
not required for work on the property restricted entirely to existing high ground. If you have any
questions regarding the Corps of Engineers regulatory program, please contact
9-'11 , u�.�eco,..e at (ql9) cl 7(;- - l6l6
Property owner /Authorized Agent Signature
Project Manager Signature/
Date -?,1 Zt t k -'7 Expiration Date 312512 v o ?
SURVEY PLAT OR FIELD SKETCH OF DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM.
CESAW Form 566
1 OCT 92