HomeMy WebLinkAbout19970933 Ver 1_Complete File_19971103State 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
APPROVAL of 401 Water Quality Certification and
Mr. John McCarthy
8606 Shipwatch Drive
Wilmington, NC 28412
Dear Mr. McCarthy:
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10 0*1
[DEHNR
November 3, 1997
Beaufort County
DWQ Project # 970933
ADDPITONAL CONDITIONS
You have our approval, in accordance with the attached conditions and those listed below, to
fill in 0.125 acres of wetlands or waters for the purpose of road crossing at Bath, as you described
in your application dated October 29, 1997. After reviewing your application, we have decided
that this fill 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 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 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.
rely
ton Ho d, Jr. .E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Mr. John Dorney
Central Files
9709331tr
Division of Water Quality - Non- Discharge Branch
4401 Reedy Creek Rd.. Raleigh, NC 27607 Telephone 919 - 733 -1786 FAX # 733 -9959
An Equal Opportunity AfRrmadve Action Employer - 50% recycled/10% post consumer paper
U.S. ARMY CORPS OF ENGINEERS'
Wilmington District <.
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Action ID: County:Veac�'ri- �CC�
Notification of Jurisdictional Determination OSLO
Property owner /Authorized Agent
Address_(b�,
Telephone Number ,S- S7- `T7
Size and Location of Property(waterbody, Highway name /number, town, etc.)
. -'Je1y 14 Acres I c�e(� +L-e eco, ,'Jiff c>f XIC6k
rl
1336) J�,,A c-, Av, 133(- u'Jkr-e,4 i-�, s,
Indicate Which of the following apply:
• There ar q wetlands on the a ve described roperty which w strongly sugge t should delineat d and
surveyed The surveyed we and lines mus be verified by o r staff before e Corps will mak a final
jurisdicti trial determination n your property.
• Because of c size of ur property a d our presen workload, our dentificatio and delineate n of your
wetlands ca not be a • •omplished in timely mann r. You may w sh to emplo a consultayOu( o obtain a
more timel delineati n of the wetla ds. Once you consultant ha flagged a w land line on property,
Corps staf will revie it, and, if it is ccurate, we s rongly recom end that yo have the linrveyed for
final apprc val by the ores. The ps wilnot m ke a final juris fictional det rmination on r property
without a approve survey.
/ • The wetlands on your lot have been delineated, and the limits of Corps jurisdiction have been explained
SIN 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 exceed t fee years from the date of this notification." /
• There are o wetl nds present on the ove describ d grope y which are su ect to t e permit
requiremen s of Se tion 404 of t Clean ater Act (3 USC 134 ). Unle there ' a chang in the law
or our pubtc hed re ulations, this Lion may be elied up for a p iod not to excee three years
from the d of th s notification.
A' �• The project is located in one of the 20 Coastal Counties. You should contact the nearest State Office of
V►� Coastal Management to determine their requirements. cg19 ) °�(� 6 — ([-g
lacement 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
A "'m(ec.,, at Cg19 ) ci75- 1616
Property owner /Authorized Agent Signature
f
Project Manager Signature -tk ,
Date I 0 1-i 19"7 6IT Expiration Date 7c. I--
SURVEY PLAT OR FIELD SKETCH OF DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM.
CHSAW Form St,b
10(-1'92
C(Jti� C /OSs -ti��
aeI (.r,eJcJ , on( y q Pr Jcct Ci
(vaS �Gl.ti e- I
DEM ID: CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT N): 4
PRE- CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND 711D :i ,st,f*b -2V;9+ (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
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: �a�� t: t
2. MAILING ADDRESS: S�eC>l� �� '►,cJ� S`� k� `` '` J t—
U),v L_�kk-v X-vu J , l SUBDIVISION NAME:
CITY: L'oti STATE: 0 c - ZIP CODE:
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE) : t�t�c� y i`�A� �ASZ soo��_ v;c-- L) C -S
x IC —V_ x 1G-
f ��?c1
3. TELEPHONE NUMBER (HOME) : � ifi - -��,J (WORK)
4. IF APPLICABLE• AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
6( tiGl -- '�l -?---_�> - (' 1 -*
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: "6C- 0L_—)v �'� NEAREST TOWN OR CITY:
1
SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.)
6. IMPACTED OR NEAREST STREAM /RIVER:
RIVER BASIN:
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA) , HIGH QUALITY WATERS (HQW) , OUTSTAN )DING RESOURCE WATERS (ORW), WATER
SUPPLY (WS -I OR WS -II) ? YES [ J NO [r/] IF YES, EXPLAIN: Q -_v'
cK�vcN
7b. IS THE PROJECT LOCATED WITHIN ,A NORTH CAROL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)?
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL
LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE
-v-jqjc:4 �-
INA DIVISION OF JOASTAL
YES [ ] NO
COUNTY (SEE PAGE 7 FOR
PLAN (LUP) DESIGNATION?
8a. HAVE ANY SECTION 404 PERMITS EEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES [ J NO [W 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 [ J NO [V1 IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: �--t
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
3 / `A" o'er rz. ,., C-) c_t -t--
2
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
r+
FILLING: i1 / � �' P EXCAVATION:
FLOODING:
OTHER:
TOTAL ACRES TO BE IMPACTED: V9
DRAINAGE: _
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION) : l
LENGTH BEFORE: FT. AFTER: FT
WIDTH BEFORE (based on normal high water contours) : FT
WIDTH AFTER:
FT
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE
WATERSHED DRAINING TO THE POND? 0y
WHAT IS THE EXPECTED POND SURFACE AREA? N1p
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS
ONLY) : Sc: -e - Cwt ~�['C - "� vim(. t�:� ►✓i
13. PURPOSE OF PROPOSED WORK: �fJAf�E� l/L�
\ vL�iLLil._ � L_'J �L� � �[Z � 4J �f�C_�i 1 ��lv� L� ►•� �C 1�- 'si'��{c� �L�
C— J L f% l; �_ C/ ,_)'G-� : '� L _ L�C_� l \ t►��
3
AVERAGE DEPTH BEFORE:
FT AFTER:
FT
(2) STREAM CHANNEL
IMPACTS WILL RESULT FROM,: (CHECK ALL THAT
1
APPLY)
OPEN CHANNEL RELOCATION:
PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION:
CONSTRUCTION OF A DAM /FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE
WATERSHED DRAINING TO THE POND? 0y
WHAT IS THE EXPECTED POND SURFACE AREA? N1p
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS
ONLY) : Sc: -e - Cwt ~�['C - "� vim(. t�:� ►✓i
13. PURPOSE OF PROPOSED WORK: �fJAf�E� l/L�
\ vL�iLLil._ � L_'J �L� � �[Z � 4J �f�C_�i 1 ��lv� L� ►•� �C 1�- 'si'��{c� �L�
C— J L f% l; �_ C/ ,_)'G-� : '� L _ L�C_� l \ t►��
3
A
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS) O�L -LP t�`- :���.�1 r�JC C
• 15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE �(,•
(USFWS) AND /OR-NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY, ,
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 MAY -BE AFFECTED BY THE PROPOSED PROJECT. DATE
CONTACTED: (ATTACH RESPONSES
FROM THESE AGENCIES.)
16. YOU ARE REQUIRED -TO- CONTACT THE STATE HISTORIC_PRESERVATION- OFFICER
(SHPO) (SEE AGENCY_ ADDRESSES- -SHEET) REGARDING THE PRESENCE OF HISTORIC
PROPERTIES IN-THIE 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 V (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 [] NO []
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [ J 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 SO 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 PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY?
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? _l�
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.
- . tl- 1 e7l-xa' q ---)
OWNER' 0A,C.ZNT' C SIGNATURE DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
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