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HomeMy WebLinkAbout20000271 Ver 1_COMPLETE FILE_20000303State of North Carolina I', Department of Environment and Natural Resources / i • Division of Water Quality James B. Hunt, Jr., Governor D E N R Bill Holman, Secretary Kerr T. Stevens, Director April 27, 1999 DWQ# 00-0271 Carteret County James and Linda Waddell P.O. Box 9 Newport, NC, 28570 APPROVAL of 401 Water Quality Certification Dear Mr. Waddell: You have our approval, in accordance with the attached conditions, to place fill in 0.05 acres of wetlands for the purpose of residential lot construction, as you described in your application received by the Division of Water Quality on March 3, 2000. 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 18 when the Corps of Engineers issues it. 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. Also this approval will expire when the accompanying 404 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. If you change your project, you must notify us and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. 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). For this approval to be valid, you must follow the conditions listed in the attached certification. 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 Wah°r Act. If you have any questions, please telephone John Dorney at 919-733-9646. peinc Stevens Attachment cc: Corps of Engineers Washington Regulatory Field Office Washington DWQ Regional Office Central Files 000271 Non-Discharge Branch 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmntive Action Employer 50% recycled/1096 post consumer paper February 29, 2000 Mr. John Dorney North Carolina Division of Water Quality 1621 Mail Service Center Raleigh, NC 27699-1621 Dear Mr. Dorney: Please find enclosed original and seven copies of o the application for a Nationwide Permit #18 for the lot at 151 Bogue Sound Yacht Club, Newport, N.C. 28570. Also enclosed are copies of the survey, wetlands delineation and tax map of the subdivsion. The local CAMA office said verbally that your office should receive this application. Also please find paperwork from the US Corps of Engineers regarding the property. Please feel free to contact me with any questions regarding this application. I look forward to hearing from you soon. Since;,. 3 2000 Q Q p 2? 1 James E. Waddell P.O. Box 9 !. - 1^ 7 Newport, NC 28570 1-252-241-2853 PA\ M N-T iG_D I\? ?) .\ DWQ ID: 00027 3 2000 CORPS ACTION ID: NATIONWIDE PER?IMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #) * /$ PRE-CONSTRUCTION NOTIFICATION APPLICATION FOR NATIONWIDE PERMITS THAT REQUIRE: 1) NOTIFICATION TO THE CORPS OF ENGINEERS 2) APPLICATION FOR SECTION 401 CERTIFCATION 3) COORDINATION WITH THE INC DIVISION OF COASTAL MANAGEMENT SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN 7) COPIES MUST BE SENT TO THE NC DIVISION OF WATER ??2e Ma?L s?evrc? caw I'm OTTALITY. ATTN: JOHN DORNEY. RALEIGH. NC FLLA6h Yltllr 1 vn t i r L. a'yG99-/G 2i 1. OWNER'S NANfE: ?AMc 5 6 . 4 LJAlDA •WADDELL 2. MAILING ADDRESS: P d Qo'X °j SUBDIVISION NAME CITY: N6vJP027 STATE: N(-. ZIP CODE: 99570 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): 15) 8 6626 SOUIUD A'? IVY ??c ?.IDn O? NC 85170 3. TELEPHONE NUMBER: (HOME)a50aa3-600 (WORK) _?5o-c2q l - . 053 6X7% #Z" 4. IF APPLICABLE: AGENT'S NAlvtE OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: ICI /A 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: C At-f9R? - NEAREST TOWN: /140,66,!84-D C/TV rT-1 C') n i =V o -i SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.) J51 ,84 VE SoUNU YAG4rcu/B D/zGU?? N O/?7 '6009 5'O AID Cllr cuts 561801V15041 L o t 4/3 EQ Lt-'/ VAJ L??r IAI 5Y P/V/slonl d?F?GtJ?y Zy 6. IMPACTED OR NEAREST STREAM/RIVER: 130 6 U 6 -50 V ND C 7 / i? U?cG 2 M/LF AU//?-Gl RIVER BASIN: 7a. IS PROTECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURSE WATERS (ORW), WATER _ SUPPLY (WS-I OR WS-lI)? YES( ) NO (,x) IF YES, EXPLAIN: 7b. IS THE PROTECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENNIROMENTAL CONCERN (AEC)? YES ( ) NO ( X 7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEEPAGE 7 FOR LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? ga. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROJECT? YES ( ) NO ( 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 >< IF YES, DESCRIBE ANTICIPATED WORK: 9a. ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: O- y5? 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING. 0.05.fAC EXCAVATION: N!,o4 FLOODING: N/4- OTHER : AIIA DRAINAGE : /v ht TOTAL ACRES TO BE IMPACTED: 0. 05A C„ -- 10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION. LENGTH BEFORE: N« FT AFTER: lul''4 FT WIDTH BEFORE (based on normal high water con(ours): /V1011 FT AVERAGE DEPTH BEFORE: /V 1eq FT AFTER: n//"I - FT (2) STREAM CHANNEL IMPACTS WU-L RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: MIA PLACEMENT OF PIPE IN CHANNEL: N/•A CHANNEL EXCAVATION: --_,6 lCOONSTRUCTION OF A DAM/FLOODING: -V14 OTHER: N 1A 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND? WHAT IS THE EXPECTED POND SURFACE AREA? AJ 12. DISCTIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY 11 DRAWINGS ONLY) ?urIC'?`?oN7 s.?ly ua -To ??c??s?2 SAC, `ice dtA7 O,til h6?140y a. os e-& 13. PURPOSE OF PROPOSED WORK: Aul M" or/LL 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS) 10710?S G2o?'l 5?,??G pF4Wa / /Orl/, 'BUJ/?rD/N6 S co%/WA97 24 ,-4.4 114 P701Q9 15 VVR ,j M4M/MAL 15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR NATIONAL MARINE FISHERIES SERIVE REGARDING THE PRESENCE OF ANY FEDERALY 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: ept;ryh&l40 ? Ni'cC aV °zPL?= 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. DATE CONTACTED M'TA d7?GD B?v iG ,D1V. O-f W" /2QUA"co) 17. DOES THE PROJECT iNVOLVE AN EXPEND OF PUBLIC FUNDS OT THE USE OF PUBLIC (STATE) LAND? YES ( ) NO (?(IF NO, GO TO 16) _ a. IF YES, DOES THE PROJECT REQUIRE PREPERATION OF AN ENVIRONMENTAL DOCUMENT PURUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES ( ) NO X) b. IF YES, HAS THE DOCUMENT BEEN REFIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES ( ) NO N IF ANSWER 17b IS YES, THEM SUBMIT APPROPRIATE DOCUMENTATIONFROM THE STATE CLEARINGHOUSE 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. 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF FILL MATERIAL INTO WETLANDS: ,,b WETLAI`tD DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES, AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL STREAM (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OF 1 INCH EQUALS 100 FEET OF THEIR EQUIVALENT. b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PRODUCT. vc! 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 OF SURROUNDING PROPOERTY? APES/D?NY?.4C i/? 5 UILV ? e F lv? f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? SET SG157?N1 / G?fKJ!"uz C"Zptd g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WTLANDS OR WATERS OF THE US 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 WATER QUALITY CERTIFICATION, AND 3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH CAROLINA DIVISION OF COASTAL MAINAGENIENT STATING THE PROPOSED ACTIVITY IS CONSISTEN'T' WITH THE NORTH CAROLINA COASTAL - MANAGEMENT PROGRAM, DATE ? ? ? R'SIAGEii S SIGNATURE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED). STABELIZATION FOR STABILIZATION AC 114 IES IN EXCESS OF 500 FEET IN LENGTH OR GREATER THA?J AN AVERAGE OF ONE CUBIC YARD PER RUNNING FOOT (see ^_ below) ACTIVRIES IN EXCESS OF 50 FEET IN LENGTH OR WHERE WETLANDS ARE IMPACTED DETERMINE THE PRESENCE OF ENDANGERED SPECIES THAT MAY BE AFFECTED BY THE PROPOSED PROJECT, PROVIDE RESPONSE DETERMINE THE PRESENCE OF ENDANGERED SPECIES THAT MAY BE AFFECTED BY THE PROPOSED PROJECT, PROVIDE RESPONSE DETERMINE THE PRESENCE OF ENDANGERED SPECIES THAT MAY BE AFFECTED BY THE PROPOSED PROJECT, PROVIDE RESPONSE INVOLVES AEC ROAD 14 YES. BUT ONLY YES YES. TO YES, TO YES. TO YES . CROSSINGS FOR FZ1 f S IN DETERMINE DETERMINE DETERMINE SPECIAL THE PRESENCE THE PRESENCE THE PRESENCE AQUATIC OF OF OF SITES ENDANGERED ENDANGERED ENDANGERED INCLUDING SPECIES THAT SPECIES THAT SPECIES THAT %ETLkNDS. A MAY BE MAYBE MAYBE DELINEATION AFFECTED BY AFFECTED BY AFFECTED BY OF AFFECTED THE PROPOSED THE PROPOSED THE PROPOSED SPECIAL PROJECT. PROJECT, PROJECT. AQUATIC SITES PROVIDE PROVIDE PROVIDE _ MUST BE RESPONSE RESPONSE RESPONSE INCLUDED YES NO NO NO YES 15. USCG NO I I APPROVED I I BRIDGES 16. EFFLUENT I NO I YES NO NO NO YS UPLAND DUKES YES YES YES. TO YES. TO YES. TO YES 17 HYDROPOWER DETERMINE DETERMINE DETERMINE THE PRESENCE THE PRESENCE THE PRESENCE OF OF OF ENDANGERED ENDANGERED ENDANGERED SPECIES THAT SPECIES THAT SPECIES THAT MAYBE MAYBE MAYBE AFFECTED BY AFFECTED BY AFFECTED BY THE PROPOSED THE PROPOSED THE PROPOSED PROJECT, PROJECT. PROJECT. PROVIDE PROVIDE PROVIDE RESPONSE RESPONSE RESPONSE IS. MINOR YES. BUT ONLY YES. BUT ONLY YES. TO E YES. TO DETERMINE YES. TO DETERMINE YES DISCHARGES WHEN DISCHARGE FOR PROJECTS WITH GREATER DETERMIN TIED PRESENCE THE PRESENCE THE PRESENCE EXCEEDS 10 THAN 10 CUBIC OF OF OF CUBIC YARDS YARDS OF FILL ENDANGERED ENDANGERED ENDANGERED OR THE IN WATERS OF SPECIES THAT SPECIES THAT SPECIES THAT DISCHARGE IS THE US ONLY MAY BE MAYBE MAYBE IN A SPECIAL AFFECTED BY AFFECTED BY AFFECTED BY AQUATIC SITE: THE PROPOSED THE PROPOSED THE PROPOSED A PROJECT, PROJECT. PROJECT. DELINEATION PROVIDE PROVIDE PROVIDE OFTHE RESPONSE RESPONSE RESPONSE AFFECTED SPECIAL A UA1TC STTE •I WRITTEN CONCURRANCE IS REQUIRED FROM THE DISTRICT ENGINEER ONLY, BEFORE WORK CAN BEGIN. NONE IS REQUIRED FROM THE NORTH CAROLINA DIVISION OF WATER QUALITY A.ND NORTH CAROLINA DIVISION OF COASTAL ,LIANAGEMENT. "2 THIS MEASUREMENT IS TAKEN BELOW THE ORDINARY HIGH MARK OR TIDE LINE. PRELIMINARY 404 WETLANDS MAP OF LOT #43 BOGUE SOUND YACHT CLUB SUBDIVISION White Oak Township - Carteret County - North Carolina _.nro z--N";G = 50 Feet & approx) 1999 _86, YACHT CLUB DRIVE To NC Hwy 24 Q UPLAND AREAS 404 WETLAND AREAS ---Delineated in field with "pink/black-striped" flagging ---These areas require Federal and/or State permits before being filled or massively disturbed. Land Management Group, Inc. m AP s so61A Aa ? e ??B `? 1 04, ?? q f`?40 ?? \ 11'11 n '?\ U11M11/1 fM111M1 fap.51 111(ML IAr11w / .- to o m I, 6iR // I 31=7 01 •? /- I 1016 (i I77f'1 I 5+11 8 9791 ' - ' 11 N 1 ! I I ? Yom; 4176 I I ry / 119 I 5!W ela All e. i? wro I 1,fW1 "1WaemJ' ,r ? I,w, 2111 : I+(? I 1672 I M)3 / 21 4 YW5 . NI{ 1109 1 1>A.o 129 Nil .• I {1b1 - -te laipl cpe' n 9 Y75r .. 5fM I 1 ? '? / `E ? .1? - ?? 8 p n {131 ellz 9? r7i1 I 5210 ? e . t 1 r ' tin 'u? ' nI ? I ' 10?' 1 i - e7bo 910! 2210 1 )190 r11 11 ,I I J 612f 1A M71 0 p L 7100 7100 ,1 ? 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H ? ? , p - -IIM7^ 11 J 21151 ^6 at ill Silt 121 ,1171 tl ill' sois *o 7017 Dabs! 1 .. ?-` Jh, p0 M w77 NN r? Y M 1 Deb .1Y-L!bE ?a6-e it .r N91e o l ;'•"1 \ a.7.w ' i bit 117! 11 . ' 1(010 A , 0102 p27 7 ei ??• ' p „Oleo ?Cli?A ?? ?1 4110!' , 1 ., ® ? r sy J/• 6 tM0 ' x711 p9K)AO / GALES CREEK FOE 04SI 23it : 21 1 ©0?1 so .V 1 'y E 2.610.000 E 2613000 E 2.611 E 2811000 / E 2612000 /n ? -._ W U h ? o o 19•0d ?d•yq dom :01Ieueoiy ?o z? r J b t oo '`v ? o ? u ? b J ^'i o u c? Q Q J 4j o o O N ? V Q Q b u u ? u V V : 1 Z N ° .i • v ti o o ?Na o o Q g •? J 4 b Q ° w .ti ?? o, > a a o CZ ? o O u m 0 E O b u 1 Z N h U 4 •?/ LB CZ a ?'\Q Op 060 S lit a N U '? L ?'JDO? 1 h a E '? I Joe ,ra v b u ? I b ? h u I OA O lz u O I ,S w N a e' <1 h b •? C • b ( ? w Q C b U v E?? a u ? b u1 4t ` u a Q oo of e je? ?fe?l a o U to u Oj o V ° .J qD • a c N Q b o ?. • V T3 O S b k ti• L ~ N r u o F "? Q 4 e N hQZ Quo` u h wo ? ? r-- e4t' ? O 1 ro. ro. a I a W I j? Proposed I ° h o H w OweIIIng, I M e' . e I Q0 •,Z_._Iry 00 I . I I 30' Iron/ setback I C? N 00°40' 00"W 66.0( YA CH T CL UB, OR / VE rued) (Pr (vale) 60, `tttttl l l t l l l 11/b//?'i ° SO C) ?2j's c9 ''?IV irli?utu N b t a t 0 h •4 a V •`• \) • u° v V ? b V a Q Lk F O Q) Cz b a u u + U u 00 C N '• u a` b `I v? a' h 0 0 .? k ., o b 0 u ? t ? ? u a (V :. a O K o DWQ ID: lo v v 27 T CORPS ACTION ID: NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMMIT #) w ETLAN PRE-CONSTRUCTION NOTIFICATION APPLICATIONmw--'` S iiouN` °? ?ItATER UALITY SECTION _,,.? FOR NATIONWIDE PERMITS THAT REQUIRE: 1) NOTIFICATION TO THE CORPS OF ENGINEERS 2) APPLICATION FOR SECTION 401 CERTIFCATION 3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN 7) COPIES MUST BE SENT TO THE NC DIVISION OF WATER ?G2t Mc?Enr? rc? CITTAI.ITY. ATTN: JOHN DORNEY. RALEIGH. NC PLEASE PRINT OR TYPE. a 7699-/6 2/ 1. OWINER'S NAME: ?AMCS E . LINDA WADDt ?-L- 2. MAILING ADDRESS: P o QoX °I SUBDIVISION NAME CI TY: N p?7 - STATE: N C- ZIP CODE: ;Zg570 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): 157) $ OGUE SOUAlO Q21V?C tV'F wAo t T NC 295170 72> 3. TELEPHONE NUMBER: (HOME)g d; 3-6090 (WORK) ,)S 2-.2g I - X85- EX7• *Zw 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: IJ /A LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: c, "g ec -t - NEAREST TOWN: 11404E14EAD 5iL SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.) l51 916 (4,0 SDU,?lO Y,? c?lr GLvB D/LGU?? N O/?7 ,B oG sou,+? 1?/+c?l t culw 5 maul ul5jotl 6. IMPACTED OR NEAREST STREAMIRIVER: 6 0 6 U sO UND ?? / i? U4G 2 M/LF i4U/?-GJ RIVER BASIN: 7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURSE WATERS (ORW), WATER SUPPLY (WS-I OR WS-II)? YES( ) NO (x) IF YES, EXPLAIN: 7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIROMENTAL 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? ga. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROJECT? YES ( ) NO (X 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 >< IF YES, DESCRIBE ANTICIPATED WORK: 9a. ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: O- 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: 0.05.fAC EXCAVATION: /1//104 FLOODING. Nl4- OTHER : AJ44 DRAINAGE : NIA TOTAL. ACRES TO BE IMPACTED: 0. 05AC? 10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION: LENGTH BEFORE: ,LA FT AFTER: FT WIDTH BEFORE (based on normal hieh water contours): N/A FT AVERAGE DEPTH BEFORE: /VIA FT AFTER: --FT (2) STREAM CHANNEL DfPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: N/.A CHANNEL EXCAVATION: COONSTRUCTION OF A DAM/FLOODING: -VI-4 OTHER: N /'+ 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND? Jy JA WHAT IS THE EXPECTED POND SURFACE AREA? N14 12. DISCTIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY 11 DRAWINGS ONLY) ?/?GeKq???/ZON7 £,?lD ?a TD PG9C?/??o.4.? Avi/ 0A? h6eAl O yoo 5'-0"IF 13. PURPOSE OF PROPOSED WORK: /YI/N/ Mtw --la 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS) 1 "Id/?S FlOe 1 ?5?-,dr/C 'B/J/CrD/A& S CoVfAlAlrT 2ESZ41C'WS- 1 MP70.140 /5 VV-q MW I M A L 15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR NATIONAL MARINE FISHERIES SERIVE REGARDING THE PRESENCE OF ANY FEDERALY 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: Cp??a7? N c -a v ?) 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. DATE CONTACTED efo prlA D'14.0 R ,j e- ,D I V . O-F W Pr14lz QVAI?? 1-7. DOES THE PROJECT DTVOLVE AN EXPEND OF PUBLIC FUNDS OT THE USE OF PUBLIC (STATE) LAND? YES ( ) NO (?(IF NO, GO TO 16) _ a. IF YES, DOES THE PROJECT REQUIRE PREPERATION OF AN ENVIRONMENTAL DOCUMENT PURUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES ( ) NO ?K ) b. IF YES, HAS THE DOCUMENT BEEN REFIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES ( ) NO N IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATIONFROM THE STATE CLEARINGHOUSE 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. 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF FILL MATERIAL INTO WETLANDS: ,-b 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 STREAM (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE I INCH EQUALS 50 FEET OF 1 INCH EQUALS 100 FEET OF THEIR EQUIVALENT. b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PRODUCT. te." 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 OF SURROUNDING PROPOERTY? 1eE5/,D,6Ar11*- V'r D a.Oc MA IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? S?v7/c 5 T ?v S. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WTLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO: 1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, 2) EITHER THE ISSUANCE OR WAIVER OF A 40I DIVISION OF 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, -2v * =-=f y Dd R'S/AGENT'S SIGMA DATE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED). STABUJZATION FOR STABILIZATION ACTIVITIES IN EXCESS OF 500 FEET IN LENGTH OR GREATER THAN AN AVERAGE OF ONE CUBIC YARD PER RUNNING FOOT (see ^_ below) ACTIVITIES IN EXCESS OF 50 FEET IN LENGTH OR WHERE WETLANDS ARE IMPACTED DETERMINE THE PRESENCE OF ENDANGERED SPECIES THAT MAY BE AFFECTED BY THE PROPOSED PROJECT, PROVIDE RESPONSE DETERMINE THE PRESENCE OF ENDANGERED SPECIES THAT MAY BE AFFECTED BY THE PROPOSED PROJECT, PROVIDE RESPONSE DETERMINE THE PRESENCE OF ENDANGERED SPECIES THAT MAY BE AFFECTED BY THE PROPOSED PROJECT, PROVIDE RESPONSE INVOLVES AEC ROAD 14 YES. BUT ONLY YES YES. TO YES, TO YES. TO YES . CROSSINGS FOR FILM IN DETERMINE DETERMINE DETERMINE SPECLAL THE PRESENCE THE PRESENCE THE PRESENCE AQL'.ATIC OF OF OF STTE.ti ENDANGERED ENDANGERED ENDANGERED INCLUDING SPECIES THAT SPECIES THAT SPECIES THAT ' WETLANDS. A MAYBE MAYBE MAYBE DEUN'EATION AFFECTED BY AFFECTED BY AFFECTED BY OF AFFECTED THE PROPOSED THE PROPOSED THE PROPOSED SPECIAL. PROJECT. PROJECT, PROJECT, AQUATIC SITES PROVIDE PROVIDE PROVIDE _ MUST BE RESPONSE RESPONSE RESPONSE 15. USCG INCLUDED NO YES NO NO NO YES APPROVED I I I BRIDGES 16. EFFLUENT I NO I YES NO NO NO YS UPLAND DOM YES YES YES. TO YES. TO YES. TO YES 17. HYDROPOWER DETERMINE DETERMINE DETERMINE THE PRESENCE THE PRESENCE THE PRESENCE OF OF OF ENDANGERED ENDANGERED ENDANGERED SPECIES THAT SPECIES THAT SPECIES THAT MAYBE MAYBE MAY BE AFFECTED BY AFFECTED BY AFFECTED BY THE PROPOSED THE PROPOSED THE PROPOSED PROJECT, PROJECT. PROJECT. - PROVIDE PROVIDE PROVIDE RESPONSE RESPONSE RESPONSE MINOR I8 YES. BUT ONLY YES. BUT ONLY YES. TO YES. TO YES, TO YES . DISCHARGES WHEN FOR PROJECTS DETERMINE DETERMINE DETERMINE DISCHARGE WITH GREATER THE PRESENCE THE PRESENCE THE PRESENCE EXCEEDS 10 THAN 10 CUBIC OF OF OF CUBIC YARDS YARDS OF FILL ENDANGERED ENDANGERED ENDANGERED OR THE IN WATERS OF SPECIES THAT SPECIES THAT SPECIES THAT DISCHARGE IS THE US ONLY MAYBE MAY BE MAY BE IN A SPECIAL. AFFECTED BY AFFECTED BY AFFECTED BY AQUATIC SITE: THE PROPOSED THE PROPOSED THE PROPOSED A PROJECT, PROJECT, PROJECT, DELINEATION PROVIDE PROVIDE PROVIDE OF THE RESPONSE RESPONSE RESPONSE AFFECTED SPECIAL A U.ALTC SITE *1 WRITTEN CONCURRAANCE IS REQUIRED FROM THE DISTRICT ENGINEER ONLY, BEFORE WORK CAN BEGIN. NONE IS REQUIRED FROM THE NORTH CAROLINA DIVISION OF WATER QUALITY A.N'D NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT. '2 THIS MEASURF-MEN T IS TAKEN BELOW THE ORDINARY HIGH MARK OR TIDE LINE. PRELIMINARY 404 WETLANDS MAP OF LOT #43 BOGUE SOUND YACHT CLUB SUBDIVISION White Oak Township - Carteret County - North Carolina -o,, z--I.- = 50 Feet & approx) 1999 _86, YACHT CLUB DRIVE To NC Hwy 24 UPLAND AREAS 404 WETLAND AREAS ---Delineated in field with "pink/black-striped" flagging ---These areas require Federal and/or State permits before being filled or massively disturbed. Land Management Group, Inc. /VI A? 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(7 Cos C-6 S: <c 63 rev _U•(n r-- Lc't q S ?_?-- %C) \O` f/ 111 V 11111111 \ ; \\\?` I J////// \\ /fl lllll o? a y ?`• O • or 0 'v s G YACHT CLUB, DR I VE rued) (Pr /vole) 60' R-IW rJ, V V 4 Q' u h b r 2 C b U u rO^ VJ ? r ^ O V 0 C b a u u + U k u o O C 1 h •• u a ° `I h •^ O U u u ` 4 h w ° O V O ? ^ O b ` u k, c ? ? u U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT '0 Action Id. 1 (3 021 %' County & - b76 1404k GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property owner ?RW+G3 .?? Address ?N?(?o rzf , ?G ?g5? D Telephone No.(25 ll T 1 2ql- X853 ? -60;Q0 eFr all Size and Location of project (water body, road name/number, town, etc.) Description of Activity a Applicable Law: Section 404 (Clean Water Act, 33 U.S.C. 1344). (check all that apply) Section 10 (River and Harbor Act of 1899). Authorization: Regional General Permit Number. g ationwide Permit Number. Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished in strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section 404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401 water quality certification from the N.C. Division of Environmental Management, telephone (919) 733-1786. For any activity within the twenty coastal counties, before beginning work you must contact the N.C. Division of Coastal Management, telephone (919) 733-2293. Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal action. This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide Permit, please contact the Corps Regulatory Official specified below. Date 2-7-0i) Corps Regulatory Of'f'icial _ -Telephone No. __ ._?S (-Y? l J Expiration Date of Verification SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS I;ORM, IF REQUIRED OR AVAILABLE. CESAW Form 591 Revised July 1995 NATIONWIDE PERMIT #18: MINOR DISCHARGES. Authorizes discharges of dredged or fill material into all waters of the United States provided that the activity meets all the following criteria: a. The quantity of the discharge and the volume of the excavated area does not exceed twenty-five (25) cubic yards below the plane of the ordinary high water mark or the high tide line; b. The discharge, including any excavated areas, will not cause the loss of more than 1/10 acre of a special aquatic site, including wetlands. For the purposes of this nationwide permit(NWP), the acreage limitation includes the filled area and excavated area plus special aquatic sites that are adversely affected by flooding and special aquatic sites that are drained so that they would no longer be a water of the United States as a result of the project; c. If the discharge, including any excavated area, exceeds 10 cubic yards below the plane of the ordinary water of the high tide line or if the discharge is in a special aquatic site, including wetlands, the permittee notifies the District Engineer in accordance with the "Notification" general condition. For discharges in special aquatic sites, including wetlands, the notification must also include a delineation of affected special aquatic sites, including wetlands; d. The discharge, including all attendant features, both temporary and permanent, is part of a single and complete project and is not placed for the purpose of stream diversion; and e. This NWP cannot be used in conjunction with NWP No. 26 for any single and complete project. NATIONWIDE PERMIT CONDITIONS 1. Navigation. No activity may cause more than a minimal adverse effect on navigation. 2. Proper maintenance. Any structure or fill authorized shall be properly maintained, including maintenance to ensure public safety. 3. Erosion and siltation controls. Appropriate erosion and siltation controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. 4. Aquatic life movements. No activity may substantially disrupt the movement of those species of aquatic life indigenous to the water body, including those species which normally migrate through the area, unless the activity's primary purpose is to impound water. 5. Equipment. Heavy equipment working in wetlands must be placed on mats, or other measures must be taken to minimize soil disturbance. 6. Regional and case-by-case conditions. The activity must comply with any regional conditions which may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the State or tribe in its Section 401 water quality certification. 7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System; or in a river officially designated by Congress as a "study river" for possible inclusion in the system, while the river is in an official study status; unless the appropriate Federal agency, with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely effect the Wild and Scenic River designation, or study status. Information on wild and Scenic Rivers may be obtained from the appropriate Federal land management agency in the area (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service.) 8. Tribal rights. No activity or its operation may impair tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 9. Water quality certification. The permittee must comply with all conditions of General Water Quality Certification No. 3106, issued by the North Carolina Division of Water Quality (NCDWQ) on February 11, 1997. 10. Coastal zone management. The North Carolina Division of Coastal Management (NCDCM), has determined that this NWP is conditionally consistent with the North Carolina Coastal Management Program. Notification to and written concurrence from the NCDCM is required prior to work in the twenty (20) coastal counties of North Carolina. 11. Endangered species. a. No activity is authorized under any NWP which is likely to jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act, or which is likely to destroy or adversely modify the critical habitat of such species. Non-Federal permittees shall notify the District Engineer if any listed species or critical habitat might be atTected or is in the vicinity of the project, and shall not begin work on the activity until notified by the District Engineer that the requirements ol'the [:ndangered Species Act have been salts ied and that the activity is authorized. b. Authorization of an activity by a NWP does not authorize the take of a threatened or endangered species as defined under the Federal Endangered Species Act. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with incidental take provisions, etc.) from the U.S. Fish and Wildlife Service or the National Marine Fisheries Service, both lethal and non-lethal takes of protected species are in violation of the Endangered Species Act. Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the U. S. Fish and Wildlife Service and National Marine Fisheries Service or their world wide web pages at http://www.fws.gov/'r9endspp.htmi and http://kingfish.spp.mnfs.gov/tmcintyr/prot_res.html#ES and Recovery, respectively. 12. Historic properties. No activity which may affect historic properties listed, or eligible for listing, in the National Register of Historic Places is authorized, until the District Engineer has complied with the provisions of 33 CFR 325, Appendix C. The prospective permittee must be notify the District Engineer if the authorized activity may affect any historic properties listed, determined to be eligible, or which the prospective permittee has reason to believe may be eligible for listing on the National Register of Historic Places, and shall not begin the activity until notified by the District Engineer that the requirements of the National Historic Preservation Act have been satisfied and that the activity is authorized. Information on the location and existence of historic resources can be obtained from the State Historic Preservation Office and the National Register of Historic Places (see 33 CFR 330,4(8)). 13. Notification. a. Timing. Where required by the terms of the NWP, the prospective permittee must notify the District Engineer with a Pre-Construction Notification (PCN) as early as possible and shall not begin the activity: (1) Until notified by the District Engineer that the activity may proceed under the NWP with any special conditions imposed by the District or Division Engineer; or (2) if notified by the District or Division Engineer that an individual permit is required; or (3) Unless 30 days have passed from the District Engineer's receipt of the notification and the prospective permittee has not received notice from the District or Division Engineer. Subsequently, the permittee's right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). b. Contents of notification. The notification must be in writing and include the following information: (I) Name, address and telephone numbers of the prospective permittee; (2) Location of the proposed project, (3) Brief description of the proposed project; the project's purpose, direct and indirect adverse environmental effects the project would cause; and other NWP(s), regional general permit(s) or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity, and (4) For NWP 18, the PCN must also include a delineation of affected special aquatic sites, including wetlands (see paragraph 13.f.). c. Form of Notification: The standard individual permit application form (Form ENG 4345) may be used as the notification but must clearly indicate that it is a PCN and must include all the information required in b.(1)-(4) of General Condition 13. A letter may also be used. d. District Engineer's Decision: In reviewing the pre-construction notification for the proposed activity, the District Engineer will determine whether the activity authorized by the NWP will result in more than minimal individual or cumulative adverse environmental effects or may be contrary to the public interest. The prospective permittee may, optionally, submit a proposed mitigation plan with the pre-construction notification to expedite the process and the District Engineer will consider any optional mitigation the applicant has included in the proposal in determining whether the net adverse environmental effects of the proposed work are minimal. If the District Engineer determines that the activity complies with the terms and conditions of the NWP and that the effects are minimal, the District Engineer will notify the permittee and include any conditions the District Engineer deems necessary. Any mitigation proposal must be approved by the District Engineer prior to commencing work. If the prospective permittee elects to submit a mitigation plan, the District Engineer will expeditiously review the proposed mitigation plan, but will not commence a second 30-day notification procedure. If the net adverse effects of the project (with the mitigation proposal) are determined by the District Engineer to be minimal, the District Engineer will provide a timely written response to the applicant stating that the project can proceed under the terms and conditions of the NWP. If the District Engineer determines that the adverse effects of the proposed work are more than minimal, then he will notify the applicant either: (1) that the project (toes not quality tor authorization under the NWP and instruct the applicant on the procedures to seek authorization under an individual permit; (2) that the project is authorized under the NWP subject to the applicant's submitting a mitigation proposal that would reduce the adverse effects to the minimal level; or (3) that the project is authorized under the NWP with specific modifications or conditions. e. Agency Coordination. The District Engineer will consider any comments from Federal and State agencies concerning the proposed activity's compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the project's adverse environmental effects to a minimal level. Optional Agency Coordination. For N W P 18, where a Regional Administrator of EPA, a Regional Director of USFWS, or a Regional Director of NMFS has formally requested general notification from the District Engineer for the activities covered by any of these NWPs, the Corps will provide the requesting agency with notification on the particular NWPs. However, where the agencies have a record of not generally submitting substantive comments on activities covered by any of these NWPs, the Corps District may discontinue providing notification to those regional offices. The District Engineer will coordinate with the resource agencies to identify which activities involving a PCN that the agencies will provide substantive comments to the Corps. The District Engineer may also request comments from the agencies on a case by case basis when the District Engineer determines that such comments would assist the Corps in reaching a decision whether effects are more than minimal either individually of cumulatively. f. Wetlands Delineations. Wetland delineations must be prepared in accordance with the current method required by the Corps. The permittee may ask the Corps to delineate the special aquatic site. There may be sorne delay if the Corps does the delineation. Furthermore, the 30-day period will not start until the wetland delineation has been completed and submitted to the Corps, where appropriate. g. Mitigation. Factors that the District Engineer will consider when determining the acceptability of appropriate and practicable mitigation include, but are not limited to: (1) To be practicable, the mitigation must be available and capable of being done considering costs, existing technology and logistics in light of the overall project purposes, and (2) To the extent appropriate, permittees should consider mitigation banking and other forms of mitigation including contributions to wetland trust funds, inlieu fees to organizations such as The Nature Conservancy, State or county natural resource management agencies, where such fees contribute to the restoration, creation, replacement, enhancement or preservation of wetlands. Furthermore, examples of mitigation that may be appropriate and practicable include but are not limited to: reducing the size of the project; establishing wetland or upland buffer zones to protect aquatic resource values; and replacing the loss of aquatic resource values by creating, restoring and enhancing similar functions and values. In addition, mitigation must address wetland impacts, such as functions and values, and cannot be simply used to offset the acreage of wetland losses that would occur in order to meet the acreage limits of some of the NWPs (e.g., for NWP 26, 5 acres ol'wetlands cannot be created to change a 6-acre loss of wetlands to a I acre loss, however, 2 created acres can be used to reduce the impacts of a 3-acre loss.). 14. Compliance certification. Every permittee who has received a NWP verification from the Corps will submit a signed certification regarding the completed work and any required mitigation. The certification will be forwarded by the Corps with the authorization letter and will include: a. A statement that the authorized work was done in accordance with the Corps authorization, including any general or specific conditions; b. A statement that any required mitigation was completed in accordance with the permit conditions; and c. The signature of the permittee certifying the completion of the work and mitigation. 15. Multiple use ofNWPs. In any case where NWP number 12 through 40 is combined with any other NWP number 12 through 40, as part of a single and complete project, the permittee must notify the District Engineer in accordance with paragraphs a., b., and c. of the Notification General Condition number 13. Any NWP number I through 1 1 may be combined with any other NWP without notification to the Corps, unless notification is otherwise required by the terms of the NWPs. As provided at 33 CFR 330.6(c) two or more different NWPs can be combined to authorize a single and complete project. However, the same NWP cannot be used more that once for a single and complete project. SECTION 404 ONLY CONDITIONS In addition to the General Conditions, the following conditions apply only to activities that involve the discharge of dredged or fill material in waters of the United States, and must be followed in order for authorization by the NWPs to be valid: 1. Water supply intakes. No discharge of dredged or fill material may occur in the proximity of a public water supply intake except where the discharge is for the repair of the public water supply intake structure or adjacent bank stabilization. 2. Shellfish production. No discharge of dredged or fill material may occur in areas of concentrated shellfish production, unless the discharge is directly related to a shellfish harvesting activity authorized by NWP 4. 3. Suitable material. No discharge of dredged or fill material may consist of unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.,) and material discharges must be free from toxic pollutants in toxic amounts (see Section 307 of the Clean Water Act). 4. Mitigation. Discharges of dredged or fill material into waters of the United States must be minimized or avoided to the maximum extent practicable at the project site (i.e., on-site), unless the District Engineer approves a compensation plan that the District Engineer determines is more beneficial to the environment than on-site minimization or avoidance measures. 5. Spawning areas. Discharges in spawning areas during spawning seasons must be avoided to the maximum extent practicable. 6. Obstructions to high flows. To the maximum extent practicable, discharges must not permanently restrict or impede the passage of normal or expected high flows or cause the relocation of the water (unless the primary purpose of the fill is to impound waters). 7. Adverse effects from impoundments. If the discharge creates as impoundment of water, adverse effects on the aquatic system caused by the accelerated passage of water and/or the restriction of its flow shall be minimized to the maximum extent possible. 8. Waterfowl breeding areas. Discharges into breeding areas for migratory waterfowl must be avoided to the maximum extent practicable. 9, Removal of temporary fills. Any temporary fills must be removed in their entirety and the affected areas returned to their preexisting elevation. REGIONAL CONDITIONS 1. Prior to the use of any NWP in a designated "Outstanding Resource Water" (ORW), a designated "High Quality Water" (FIQW) or a designated "Primary Nursery Area" (PNA), of North Carolina or in contiguous wetlands (as defined by the North Carolina Division of Water Quality) to any of the above waters, proponents must notify the Wilmington District Engineer and furnish a written statement of compliance with all of the conditions of the applicable NWP. Notification will include the location of work; a description of work; a delineation of wetlands; a discussion of alternatives to working in the waters and/or contiguous wetlands and why alternatives were not selected; and a plan to provide compensatory mitigation for all unavoidable adverse impacts to the waters and/or adjacent wetlands as may be required by the applicable NWP. Work may proceed only after the permittee has received written, telephonic, or faxed approval from the authorized representative of the District Engineer to proceed. Normally such notice to proceed will be furnished within 30 calendar days of receipt of the above information. 2. Prior to use of any NWP in a designated "Area of Environmental Concern" (AEC) in the twenty (20) counties of Eastern North Carolina covered by the North Carolina Coastal Area Management Act (CAMA), a proponent must first obtain the required CAMA permit and furnish a copy of the CAMA permit to the Wilmington District. 3, Prior to the use of any NWP on a barrier island of North Carolina, proponents must notify the Wilmington District Engineer and furnish a written statement of compliance with all of the conditions of the applicable NWP. Notification will include the location of work; a description of work; a delineation of wetlands; a discussion of alternatives to the work and why alternatives were not selected; and a plan to provide compensatory mitigation for all unavoidable adverse impacts to wetlands or waters as may be required by the conditions of the applicable NWP. Work may proceed only after the permittee has received written, telephonic, or faxed approval from the authorized representative of the District Engineer to proceed. Normally such notice to proceed will be furnished within 30 calendar days of receipt ofthe above information. 4. Prior to the use of any NWP in a "Mountain or Piedmont Bog" of North Carolina, proponents must notify the Wilmington District Engineer and furnish a written statement of compliance with all of the conditions ofthe applicable NWP. Notification will include the location of work, a description of work; a delineation of wetlands; a discussion of alternatives to the work and why alternatives were not selected; and a plan to provide compensatory mitigation for all unavoidable adverse impacts to wetlands or waters as may be required by the conditions of the applicable NWP. Work may proceed only after the permittee has received written, telephonic, or faxed approval from the authorized representative of the District Engineer to proceed. Normally such notice to proceed will be furnished within 30 calendar days of receipt of the above information. 5. Prior to use of any NWP for construction of animal waste facilities in waters and/or wetlands of North Carolina, proponents must notify the Wilmington District Engineer and furnish a written statement of compliance with all of the conditions of the applicable NWP. Notification will include the location of work; a description of work; a delineation of wetlands; a discussion of alternatives to the work and why alternatives were not selected; and, a plan to provide compensatory mitigation for all unavoidable adverse impacts to wetlands or waters as may be required by the applicable NWP. Work may proceed only after the permittee has received written, telephonic, or faxed approval from the authorized representative of the District Engineer to proceed. Normally such notice to proceed will be furnished within 30 calendar days of receipt of the above information. NOTE: The total area of wetlands impacted, including wetlands drained by upland perimeter ditches or by other means, will be considered as cumulative impacts in making a decision to assert discretionary authority under any NWP. 6. Prior to the use of any NWP in mountain trout waters within twenty-five (25) designated counties of North Carolina, proponents must notify the Wilmington District Engineer and furnish a written statement of compliance with all of the conditions of the applicable NWP. Notification will include a letter of comments and recommendations from North Carolina Wildlife Resources Commission (NCWRC); the location of work; a delineation of wetlands; a discussion of alternatives to working in the mountain trout waters and why alternatives were not selected; and a plan to provide compensatory mitigation for all unavoidable adverse impacts to the mountain trout waters. Work may proceed only after the permittee has received written, telephonic, or faxed approval from the authorized representative oPthe District to proceed. Normally such notice to proceed will be furnished within 30 calender days of receipt of the above information. a. The twenty-five (25) designated counties are: Alleghany Ashe Avery Buncombe Burke Caldwell Cherokee Clay Graham Haywood Henderson Jackson Macon Madison McDowell Mitchell Polk Rutherford Stokes Surry Swain Transylvania Watauga Wilkes Yancy b. To obtain the required letter of approval from the North Carolina Wildlife Resources Commission (NCWRC), a proponent should contact: North Carolina Wildlife Resources Commission Habitat Conservation Program Manager 512 North Salisbury Street Raleigh, NC 27611 Telephone (919) 733-7638 7. This NWP may not be used in conjunction with NWP #14 to create high ground for road access using NWP #14. STATE CONSISTENCY CONDITIONS If the proposed activity is within the North Carolina Coastal Area, the applicant must receive written concurrence from the North Carolina Division of Coastal Management (NCDCM) that the activity is consistent with the North Carolina Coastal Management Program. GENERAL CERTIFICATION CONDITIONS 1. Activities authorized by this NWP require written concurrence from the North Carolina Division of Water Quality (NCDWQ). 2. Appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" or the "North Carolina Surface Mining Manual" (available from the North Carolina Division of Land Management in the DEFINR Regional or Central Offices) will be utilized to prevent exceedances of the appropriate turbidity water quality standard (50 NTU's in streams and rivers not designated as trout by NCDWQ, 25 NTU's in all saltwater classes and all lakes and reservoirs, and 10 NTU's in trout waters). 3. All sediment and erosion control measure-, placed in wetlands or waters shall be removed and the natural grade restored after the North Carolina Division of Land Resources has released the project. 4. If an environmental document is required, this Certification is not valid until a FONSI or ROD is issued by the State Clearinghouse. 5. This Certification shall not be used in conjunction with the Certification for NWP No. 14 to create high ground for access. 6. Deed restrictions must be placed on all remaining wetlands on the parcel after appropriate use of this and other Certifications. The North Carolina Division of Water Quality (NCDWQ) shall be sent copies of all deed restrictions applied to this parcel. If this condition is not met, written NCDWQ approval is needed to utilize this General Certification (and NWP). 7. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the State until the concrete has hardened. 8. Concurrence from the North Carolina Division of Water Quality (NCDWQ) that this Certification applies to an individual project shall expire three years from the date of the cover letter from the NCDWQ.