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HomeMy WebLinkAbout19940297 Ver 1_Complete File_19940331?yQ_ 97 NOTIFICATION FORM INFORMATION SHEET Nationwide permits that require notification to the Cbr Nationwide permits that require application for Section GR;91 tion A. NOTIFICATION TO THE CORPS OF ENGINEERS DISTRICT ENGINEER. (REFER TO ITEM B. BELOW FOR DIVISION OF ENVIRONMENTAL MANAGEMENT APPLICATION RE- QUIREMENTS AND SPECIFICALLY NOTE NWP 26 DIFFERENCE.) Certain nationwide permits require notification to the Corps of Engineers before work can proceed. They are as follows: NWP 5 (only for discharges of 10 to 25 cubic yards) NWP 7 NWP 13 (only for stabilization activities in excess of 500 feet in length or greater than an average of one cubic yard per running foot) NWP 14 (only for fills in special aquatic sites, including wetlands, and must include a delineation of affected special aquatic sites) NWP 17 NWP 18 (required when discharge exceeds 10 cubic yards or the discharge is in a special aquatic site and must include a delineation of the affected special aquatic site, including wetlands) NWP 21 (must include a delineation of affected special aquatic sites, including wetlands) NWP 26 (only for greater than 1 acre total impacts and must include a delineation of affected special aquatic sites, including wetlands) NWP 33 (must include a restoration plan of reasonable measures to avoid and minimize impacts to aquatic resources) NWP 37 NWP 38 (must include a delineation of affected. special aquatic sites, including wetlands) For activities that may be authorized by the above listed nationwide permits that require notification, the applicant shall not begin work, a. Until notified that the work may proceed under the nationwide permit with any special conditions imposed by -the District Engineer, or b. If notified that an individual permit may be required, or c. Unless 30 days (calendar) have passed from the time a complete notification is received by the District Engineer and no notice has been received from the District Engineer, and required state approvals have been obtained. Required state approvals include: 1) a Section 401 water quality certification if authorization is requested for a discharge of dredged or fill material, and 2) an approved coastal zone management consistency determination if the activity will affect the coastal area. Use of NWP 12 also requires notification to the District Engineer, but work may not begin until written concurrence is received from the District Engineer. The time periods described above do 'not apply. Furthermore, requirements to notify the U.S. Fish and Wildlife Service (USFWS), the National Marine Fisheries Service (NMFS),.and the State Historic Preservation Office (SHPO), as indicated below and on the notification form, do not apply. B. APPLICATION TO DEM FOR NATIONWIDE PERMIT SECTION 401 CERTIFICATION. Certain nationwide permits require an application to DEM in order to obtain Section 401 water quality certification. They are NWP 6, NWP 12, NWP 15, NWP 16, NWP 17, NWP 21, NWP 33,.NWP 34, NWP 38, and NWP 40. Certain nationwide permits were issued general certifications and require no application. They are NWP 3, NWP 4, NWP 5, NWP 7, NWP 20, NWP 22, NWP 23 (requires notification to DEM), NWP 25, NWP 27, NWP 32, NWP 36, and NWP 37. The following nationwide permits were issued general certifications for only limited activities: NWP 13 (for projects less than 500 feet in length), NWP 14 (for projects that impact waters only), NWP 18 (for projects with less than 10 cubic yards of fill in waters only), and NWP 26 (for projects with less than or equal to one-third acre fill of waters or wetlands). Projects that do not meet these criteria require application for Section 401 water quality certifications. C. NOTIFICATION/APPLICATION PROCEDURES. The attached form should be used to obtain approval from the Corps of Engineers and/or the N.C. Division of Environmental Management as specified above. The permittee should make sure that all necessary information is provided in order to avoid delays. One copy of the completed form is required by the Corps of Engineers and seven copies are required by DEM. Plans and maps must be on 8 1/2 x 11 inch paper. Endangered species requirement: For Corps of Engineers notifications only, applicants must notify the U.S. Fish and Wildlife Service and/or the National Marine Fisheries Service regarding the presence of endangered species that may be affected by the proposed project. U.S. FISH AND WILDLIFE SERVICE NATIONAL MARINE FISHERIES SERVICE RALEIGH FIELD OFFICE HABITAT CONSERVATION DIVISION P.O. Box 33726 Pivers Island Raleigh, NC 27636-3726 Beaufort, NC 28516 .•??s.???__ ,?. Telephone (919) 856-4520 Telephone (919) 728-5090 Historic resources requirement: For Corps of Engineers notifications only, applicants must notify the State Historic Preservation Office regarding the presence of historic properties that may be affected by the proposed project. STATE HISTORIC PRESERVATION OFFICE N.C. DIVISION OF ARCHIVES AND HISTORY 109 East Jones Street ?. Raleigh, NC 27601 Telephone (919) 733-4763 Information obtained from these agencies should be forwarded to the Corps. g? ! ti okv%,& ;I A. ( W ,Df- )??,T,c 4 d©Al E? DEM ID: ACTION ID: MV0?05o Nationwide Permit Requested (Provide Nationwide Permit ft Ac 3 JOINT FORM FOR Nationwide permits that require notification to the Corps of Engineers Nationwide permits that require application for Section 401 certification WILMINGTON DISTRICT-ENGINEER CORPS OF ENGINEERS DEPARTMENT OF THE ARMY P.O. Box 1890 Wilmington, NC 28402-1890 ATTN: CESAW-CO-E Telephone (919) 251-4511 WATER QUALITY PLANNING DIVISION OF ENVIRONMENTAL MANAGEMENT NC DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES P.O. Box 29535 Raleigh, NC 27626-0535 ATTN: MR. JOHN DORNEY Telephone (919) 733-5083 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. rr rr 1. Owners Name: A %k'4 2. Owners Address: 2.4 7.4 -9 0''44"rT-7Lr= re(o 3. Owners Phone Number (Home): 9 ?? - 9 (fir r? t y - -19 LS ___1 4. If Applicable: Agent's name or responsible corporate official, address, phone number. 5. Location of work (MUST ATTACH MAP). County: Z,[pe_r Nearest Town or City: /'? flGG te"Ta:-J ?l . O'?sa.e. Cif ?o %Y.o Specific Location (Include road numbers, landmarks, etc.): A,-e>,4_7-> x g K 11,0,g 6. Name of Closest Stream/River. 7. River Basin: ' r,, Z re- 4' 8. Is this project located in a watershed classified as Trout, SA., HQW, ORW, WS I, or WS H? YES kr?' NO [ ] 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, - site: 11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: Filled: 0" 1 ",g C/zc'. S Drained: Flooded: Excavated: Total Impacted: 12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): 7- Zoxr,,V -P 13. Purpose of proposed work: fog ©• ,,4'AZ 1 sr i?S ?? ? ?c'G. . ?t !J W F& TLor.? J y<5 '77? 14. State reasons why the applicant believes that this, activity must be carri out in wetlands. Also, note measures taken to minimize wetland impacts. ?,er o zu,40- z- L? ",V C' 1AC-7-4 60#1L.- 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 orproposed for listing endangered orthreatened species or critical ) habitat in the permit area that may be affected by the proposed project. Have you done so? YES K NO[ RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS. `,r 'Z 11 wvo 8 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 D4 NO [ ] RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS. eo"Ce G'`i Del,[!- F?*r?`y 17. Additional information required by DEM: A. Wetland delineation map showing all wetlands, streams, and lakes on the property. -e NN irs j6 W' ? B. If available, representative photograph of wetlands to be impacted by project. 2-, (0 a ?', C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the delineation line. eo, D. If a stormwater management plan is required for this project, attach copy. E. What is land use of surrounding property? : F. If applicable, what is proposed method of sewage disposal? r- Owner's Signature . Date 4 0 fy W O g? me -1.1 C O pn 1o h. A N e Co Qe 40 N N - W W W W : g g o o° n- O z. ? m A Mf O m q r Z Z y z 3 o t?n W `14 Concrete Monument Set N g, S 450 36.01" W 191.03 CMS in NO O / N / /• ?b0 ? X34 J 10 // i j ..... .............!. ./... ?.. SUBJECT TO CAMA JURISOICr•110N / /••/ CMS \ NSS°O7'S2..E PROPERTY 23Qg? LINE 2 fps PROPER Ty LINE 1 t? / / ? / / / ' m O / _m a NEW ROAD / 0 dl O1 R C m ' ) ? M ? ? v 3 ti m ? '•e//// C .n .a t? 00 /Z o - 6 S 63°0556°w 57.999' 0- e S 80012'27" w 2 1.480' c - d N 42°53'48 W 45.304' n . / 6 - an 4F0101 a yd //•0 e . J r :378-' ? e Elev. Ira Pipe. Set O N 480 .4 7""''d SR 1108 - M 83.221' E R / -RIGHT-OF N 480 dw• aten k er"Cose-d- wo'( V.- 0.1'e-A A MAP OF A BOUNDARY SURVEY PROPERLY OF DOROTHY D. HOCKNEY and Husband GLENN 1. HOCKNEY LAKE LANDING TOWNSHIP, HYDE COUNTY, NC SCALE: 1"= 100' AL'BEMARLE LAND SERVICES, INC. B.B. WHITE, R. L.S. MAG 1989 s e ?I'Q T99p. A -B-C-0 N 34° 24 00" W .19.8 H 390 0501" W 86.5' S 74° 50'00" W 75.1 S 680 20' 00" W " 57.8' S 480 1000 W 127.2' S 350 0300" W. 69.2 , S 530 48'00" W 70.8' S 560 51' 30' w 64:5' to B N 3S° 00'57",. W if ' 386.11' . CB'09 N W 79L to C S 390 42 07 E 129.7' S 790 36' 00" E 23.4' S 900 00' & E 45.6' N 82° OIT 39" E 72.6' N 69P 42' 39' E 19.1' N 550 Oil IS- E 57.Z to ? R-W S 570 04 38" E 34.740' * E S 620 30; OD' 72.280; . S 410 06 13 E 205.370 S 86° 00. 17" E 61.255' S 340 40 33" E 93.900' S 5I° 31' 10" E 57.28'5' to W LINE 43.962' O y0 ,yr E- a1 e1A '1.a p?21 ?A0?j5• It% f ? SR II10a tral DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) 10 - 21- Project/Site: M i A e,?o WA 5 110B Date: Applicant/Owner: My. County: Investigator: Gick-lbA State• Do Normal Circumstances exist on the site? ce; No Community ID: 1 Is the site significantly disturbed (Atypical Situation)? es ? Transect ID: 1 Is the area a potential Problem Area? Yes Plot ID: I (If needed, explain on reverse.) * File ?N e?w.a ;a?+ - M300113 4 vcr_creTtnnt Dominant Plant S ecies Stratum Indicator Dominant Plant Species Stratum Indicator 1. R'0 0'( 9. 2. 'g 1 i C4 10. 3. , 41i u 11. 12. , ) 5 13. . 8 14. . 7 15. . 8 16. . A Percent of Dominant Species that„are 08 or FAC aI ? (excluding FAC-). A QO Remarks: HYnROLnGY _ Recorded Data (Describe in Remarks): Stream, Lake, or Tide Gauge VAeriai Photographs _ Other No Recorded Data Available Field Observations: Depth of Surface Water. Depth to Free Water in Pit: Depth to Saturated Sail Remarks: eui deA &e, Sut' C (in.) n.) Sw4w.p fin.) S wkAA aide Wetland Hydrology Indicators: Primary Indicators: Inundated -;;"'Saturated in Upper 12 Inches Water Marks ?Drift Lines -Sediment Deposits _ Drainage Patterns in Wetlands Secondary indicators (2 or more required): VOxidized Root Channels in Upper 12 Inches Water-Stained Leaves V Local Soil Survey Data _ FAC-Neutral Test Other (Explain in Remarks) M il.-IV4 1-46e'ncZ f04, 1341 0^19 Q Map Unit Name j? (Series and Phase): ve C Drainage CJaes: Field Observations Taxonomy (Subgroup): T&M'l 1 Confirm Mapped Type? Yes No Profile Description: Depth Matrix Color Mottle Colors Mottle Texture. Concretions. nc((,h??es). Horizon (Munsell Moist) (Munseli Moist) Abundance/Contrast Structure, etc. a M??L 3hL 10 L_ Hydric Soil Indicators: -Histosol Concretions - Histic Epipedon _ High Organic Content In Surface Layer in Sandy Sails ?Suifidic Odor _ Organic Streaking in Sandy Soils ?Aquic Moisture Regime :,/fisted an Local Hydric Sails List rReducing Conditions 1/Listed on National Hydric Sails List r Gieyed or Low-Chroma Colors _ Other (Explain in Remarks) Remarks: T ill rivey KG'? bt' D, ; ei t.? h?G?v5? • __ WETLAND DETERMINATION Hydrophydc Vegetation Present? No (Circle) (Circle) Wetland Hydrology Present? No Hydric Soils Present? es No Is this Sampling Point Within a Wetland? (j?e No Remarks: 11?61 06 1 A T{ `1 4VQii? I I? r? '14'r - OhAy GViM 1 nij 0 w T ht5 hLr. - 'Y 11? 1 lr?r (}yKPiV P 1 a ? S*'YVb ?! e u`5. > q• DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 2840 April 28, 1994 M.. r, r? ---- IN REPLY REFER TO Regulatory Branch ACTION ID: 199402050 Mr. Glenn and Ms. Dorothy Hockney RFD 1, Box 217 A3 Middletown, North Carolina 27824-9726 Dear Mr. Glenn and Ms. Dorothy Hockney: By copy of the North Carolina Division of Coastal Management's correspondence addressed to you, dated April 22, 1994, we have learned that your proposal to place fill material in 0.1 Acres of Section 404 wetlands on your property located on Tract 1, on the southeast side of S.R. 1108, adjacent to Middletown Creek, in Middletown Comnuni.ty, Hyde County, North Carolina, has been determined to be inconsistent with the North Carolina Coastal Management Program. Therefore, under the administrative rules of our regulatory program, we cannot give favorable consideration to issuance of Federal authorization. Accordingly, your Department of the Any application is hereby denied, without prejudice, and your file has been retired. Further consideration for Department of the Army authorization must await your successful appeal of the findings of inconsistency with the North Carolina Division of Coastal Management. After you have satisfied the concerns of the North Carolina Division of Coastal Management, we will re-consider your application for Federal authorization. 'T'hank you for your time and cooperation. If you should have any questions or comnents concerning this matter, please contact Mr. Mickey Sugg at the Washington Regulatory Field Office, Post Office Box 1000, Washington, North Carolina 27889-1000, or telephone (919) 975-3609. Sincerely, G. Wayne Wright Chief, Regulatory Branch s ,, r -2- Copies Furnished: Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. Terry Moore, District Manager Washington Field Office North Carolina Division of Coastal Management Post Office Box 2188 Washington, North Carolina 27889 Mr. John Parker North Carolina Department of Environment, Health and John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Pivers Island Beaufort, North Fisheries Service Carolina 28516 MEMO TO : \-Q DATE: Z5 SUBJECT: 4, y" --,s7 A-uy" / im s 4X-2?) L"- e14 C4-A-A A?? c i j We' -<? ? Cq'I-LA gC'T A'?e` t -V-t P-tL- '.?Y 15 Ito py ----- mac''` L-Alt3 ?S 4-.C? u cs-.l- . c _ From: , ? ?,? STATE' cr North Carolina Department of Environment, . Y ? Health and Natural Resources e( Printed on Recycled Papei IMPORTANT To- Date Time -S r (( WHILE YOU WER?E/ OUT M GC-?-Ntj / of ?} l 2 Phone f ?v ~ ` AREA CODE NUMBER EXTENSION TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL Message Signed N.C. Dept. of Environment, Health, and Natural Resources 5Printed on Recycled Paper State of North Carolina Department of Environment, Health and Natural Resources A14 • • Division of Coastal Management James B. Hunt, Jr., Governor C) E H N Jonathan B. Howes, Secretary Roger N. Schecter, Director 22 April 1994 Glenn and Dorothy Hackney Route 1, Box 217 A3 Middletown, North Carolina 27824-9726 REFERENCE: DEM ID 94-297 ACTION ID 199402050 Nationwide Permit for an Activity Located in Hyde County, North Carolina Dear Mr. and Mrs. Hockney: The North Carolina Division of Coastal Management has reviewed the above referenced application for a Nationwide Permit dated 28 March 1994 pursuant to Section 307 of the Coastal Zone Management Act of 1972 as amended. Based upon our review, we have determined that the proposed activity, filling Coastal Wetlands (marsh) a designated Area of Environmental Concern to expand high ground (your yard), is inconsistent with the North Carolina Coastal Management Program. This inconsistency was pointed out to you for illegally filling the one and same area in Notices of Violation from this Division dated 21 October 1992, 1 December 1992, and 30 December 1992. . Please feel free to contact me at (919) 946-6481 if you have any questions or need further assistance. Sincerely, Terry E. Moore District Manager Division of Coastal Management Washington Regional Office TEM/pp cc: .2eve Benton - Federal Consistency Coordinator, DCM, Raleigh ohn Dorney - Water Quality Section, DEM, Raleigh David Lekson - U.S. Army Corps of Engineers, Washington office Wilmington District Engineer ATTN: CESAW-CO-E 1424 Carolina Avenue, Washington, North Carolina 27889 Telephone 919-946-6481 FAX 919-975-3716 An Equal Opportunity Affirmative Action Employer 60% recycled/ 10% post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources A14 • • Division of Environmental Management oma% James B. Hunt, Jr., Governor [D C "? F1 Jonathan B. Howes, , Secretary C A. Preston Howard, Jr., P.E., Director April 18, 1994 Mr. Glenn and Ms. Dorothy Hockney RFD 1 Box 217A3 Middletown, N.C. 27824-9726 Dear Mr. and Ms. Hockney: Subject: 401 Water Quality Certification Lot fill Hyde County DEM # 94297 On 29 March you wrote to the Division of Environmental Management requesting a 401 Water Quality Certification for your project to fill wetlands for yard maintenance and mosquito breeding area at SR 1108 in Hyde County. We have been informed by the N.C. Division of Coastal Management that this project will require a Permit from the N.C. Division of Coastal Management. We cannot continue to process your application until the Division of Coastal Management (DCM) begins the permitting process. Therefore I must hereby place this project on indefinite hold until you and the Division of Coastal Management gather the necessary information to develop an acceptable DCM permit application. Also by copy of this letter, I am also notifying the U.S. Army Corps of Engineers that this project will need processing by the Division of Coastal Management. If you believe that this decision is in error, please call me at 919-733-1786 to discuss the matter. nc?re-1 tt? /- Jo n R. Dorney,, Wetlands and Technical Review Group 94297.1tr cc: Mr. John Parker, Division of Coastal Management Division of Coastal Management Washington Field Office Washington DEM Regional Office U.S. Army Corps of Engineers Wilmington District Office Central Files P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper APR-18-1994 13:25 FROM EHNR WASH REG OFFICE TO H.Ui MEMORANDUM PRINT NAMES: Review--r: TO: John Dorr?ey Review WCJ Supv. • 1 Planning Branch DATE: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS ***EACH ITEM MUST RE ANSWERED (USE N/A FOR NOT APPLICABLE) PERMIT YR: 94 PERMIT NO: 0000297 COUNTY: HYDE APPLICANT NAME: GLENN & DOROTHY HOCY.NEY PROJECT TYPE: HYDROLOGIC MODIFICAT PERMTT_TYPE: NW18 COE_#: 199302050 DOT #: RCD_FROK._CDA: APP DATE_FRM_CDA: 03/29/94 REG_OFFICE: WARO RIVER_AND_SUB_BASIN #: STR INDEX_NO: STREAM CLASS: WT,_IMPACT? : YIN WL TYPE : WL-REQUESTED: WL_ACR,_EST?: YIN WL_SCORE(#): WATER IMPACTED BY FILL?: YIN MITIGATION?: YIN MITIGATICN TYPE: MITIGATION_SIZE: DID YOU REQUEST MORE INFO?: YIN IS WETLAND RATING SHEET ATTACHED?: YIN RECOMMENDATION (Circle One): ISSUE ISSUE/COND DENY CC; Regional. Office Central Files Post-It'" brand tax transmittal memo 7671 j u or P89- I°°'I) _ Ig_ . D ?d I "ID i -?- -mac "? I Paz COMMENTS: APR-18-1994 13-7:25 FROM EHNR WASH REG OFFICE State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director 22 April 1994 Glenn and Dorothy Hockney Route 1, Box 217 A3 Middletown, North Carolina 27824-9726 TO 19197331338 P.0 2 AT4 E ?N R REFERENCE: DEM ID 94-297 ACTION ID 199402050 Nationwide Permit for an Activity Located in Hyde County, North Carolina Dear Mr. and Mrs. Hockney: The North Carolina Division Of Coastal Management has reviewed the above referenced application for a Nationwide Permit dated 28 March 1994 pursuant to Section 307 of the Coastal Zone Management Act of 1972 as amended. Based upon our review, we have determined that the proposed activity, filling Coastal Wetlands (marsh) a designated Area of Environmental Concern to expand high ground (your yard), is inconsistent with the North Carolina Coastal Management Program. This inconsistency was pointed out to you for illegally filling the one and same area in Notices of Violation from this Division dated 21 October 1992, 1 December 1992, and 30 December 1992. . Please feel free to contact me at (919) 946-6481 if you have any questions or need further assistance. Sincerely, Terry R. Moore District Manager Division of Coastal Management Washington Regional Office TEM/Pp CC: Steve Benton - Federal Consistency Coordinator, DCM, Raleigh John Dorney - Water Quality Section, DEM, Raleigh David Iekson -U.S. Army corps of Engineers, Washington office Wilmington District Engineer ATTN: CESAW-CO-E 1424 Carolina Avenue, Washington. North Carolina 27889 Telephone 919-946-6481 FAX 919-9753716 An Equol OpportunityAffitmative Acilon Employer 50%recyclad/IQ%post-oomumer paper TOTAL P.02