19970581 Ver 1_Complete File_19970819

State of North Carolina
Department of Environment,
Health and Natural Resources / AINI.KMA •
Division of Water Quality ^ �„
James Hunt, Governor p� H N F 1
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
August 19, 1997
Mr. Stuart Moore
1107 Vance Drive
Tarboro, NC 27886
WQC #970581
Beaufort County
Dear Mr. Moore:
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we will consider the project as withdrawn.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
Sincerely,
4 teeR. Dorn r Quality Certification Program
970581.nty
Division of Water Quality • Environmental Sciences Branch
4401 Reedy Creek Rd., Raleigh, NC 27626 -0535 - Telephone [phone] - FAX 919 - 733 -9959
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post- consumer paper

DEM ID: — 8 ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit ft 129
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Sec c7
TO DI GINEER WATER QUALITY PLANNI 2 0 e
C F GI DIVISION OF ENVIRONNH C
DE NT F ARMY NC DEPARTMENT OF ENV
P.O. ox 0 AND NATURAL RESOURC; rr�
Wil o C 2 0 -1890 P.O. Box 29535 �d �J
A O -E Raleiggh, NC 27626 -0535 Z-1
h (91 1-45 ATTN: MR. JOHN DORNES
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: Sl /ia r Y B 1W00?-,e-
2. Owners Address: 110 7 Yoa e e Driog Al. e- . 2 7B8 6
3. Owners Phone Number (Home): 1!11 Fa3 3.'"/ 7 (Work): _IVA
4. If Applicable: Agent's name or responsible corporate official, address, phone tuxmber.
/VA
5. Location of work (MUST ATTACH MAP). County: _�grV 4x-71
Nearest Town or City: Ili�o skoq To h
Specific Location (Include road numbers, landmarks, etc.): Ao, -& ects i arWw, of i -Ralo� ���W4rti-
A'
6. Name of Closest Stream/River. A-00 Aver
7. River Basin: /win. � C D
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO [V]011,
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO D*1000
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: a, 0d8,4Cftr
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: ,r* ], 4100 C t o. ves. � A n �S'e C7,v �h q
i r
Drained: Noo t
Flooded: No,o e
Excavated: A,�,-.y, ADD U. F )C;*/nar s o f `1 oas*s'
Total Impacted:

12. Description of proposed work (Attach PLANS -8 1/2" X 11" drawings only): 0/,? � 0 t o%t /on
tt
v din Fci �Iayses 0001 At,%7150c;p /A Svrr-Oo4di7 area
13. Purpose of proposed work: 7o t7 a rev 414w!wes Xv Ile
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. A s &-e- .de /o w
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 historic
properties in the permit area which may be affected by the proposed project? Have you done so? YES [ ] 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? #0 *n e 4;'ile5
F. If applicable, what is proposed method of sewage disposal?
Owner's Signature Date
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U.S. ARMY CORPS OF ENGINEERS S
N 4850W 3-Y 'S8o
Wilmington District 3 g Dip
Action ID: 9 �d �o��n County:e�,fo/
Notification of Jurisdictional Determination
Property owner/Authorized Agent rieinr,, 4 -�+twf i M sole
Address P, 0. a. x C4
I Aj l -7
Telephone Number (611q 1 'q 46- SZ
Size and LIIo--cation of Property(waterbody, Highway name /number, town, etc.)
oTr 1 eaL� °aeon x. ,,._�r�,. gcr� _ tee o
Indicate Which of the following apply: CK -, °�, aL50
�0 There are wetlands on the above described property which we strongly suggest should be o il,e „,d
osurveyed. . ,.,y,,d w4t-d -.. e VeF1fied+y o— AX UJOL:, tL,. Coy N'b v/,,ll maf t, a final
• Because f the size f your pro rty and our pr ent workload, ur identification nd delineati n of y ur
wetland cannot b accomplis d in a timely anner. You m' wish to employ a consultant o obt n a
more ti ely delin tion of the etlands. One your consultan has flagged a we and line on a pro erty,
Corps taff will re ti it, and, f it is accurate we strongly rec mmend that yo have the lin sur e d for
final a proval by e Corps. e Corps will n t make a final j risdictional det mination o our p operty
with o tan appr ed survey.
6 Q• 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 excee tbfee years from the date of this notification.
'4* F"Ve
• Th_r are n wetland. pre ent on tie above describe property which are subjec to the p mit
requi ement. of See o 404 of the Cle Aination n Water Act (33 SC 1344). Unle there is a ange in t law
or ou publis ed regula ions, this deter may be r lied upon for a p riod not to ceed thre years
from he dat of this n ification.
i"W�� d 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. cgiq I q46 - 6L'gI
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
Q � 9,J-JleC,-1w at C67191 975--1A'1t1,
Property owner /Authorized Agent Signature
Project Manager Signature
lm-
Date 31ZSIg7 Expiration Date�2s /2ooZ
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 ocr 92