19930613 Ver 1_COMPLETE FILE_19930519

ACTION ID:
Nationwide Permit`Requested (Provide Nationwide Permit #): VJ P /5 ' %SSIJ
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
k Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRO ff14 P.O. Box 1890 AND NATURAL RESOURCES.
Wilmington, NC 28402-1890 P.O. Boy 29535
ATTN: CESAW CO-E Raleigh, NC 27626-0535
101
251-4511 ATTN: MR. JOHN DORNEY
Telephone (919)
Telephone [phone] ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO '1 I&ERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MA A1;iEME'NT.
PLEASE PRINT;,
1. Owners Name:
2. Owners Address: q N C 6014R, C'1t K 770-40 A11 by ?oil r lV C a 95.70
3. Owners Phone Number (Home): 9 /2 - U 7 - a o?,5 9 (Work): 9 / 9 -,2 `I 7 -aa 29
.4. If Applicable: Agent's name or responsible corporate official, address, phone number:
f3 MIJ A) /= C? Z E2
24 Ct-0471? CR-k 7?()Ab /V6WPV/z i AV e- Q 9-57o
5. Location of work (MUST ATTACH MAP). County:
Nearest Town or City: Z t_4 y PVn T A-)C.,
Specific Location (Include road numbers,. landmarks, etc.): ?+ ?N N C? y 2 c? ?9
i
N C. S /Z 13 /0 F /V c- S IZ
6. Name of Closest Stream/River: f ON D 7 fZ/A/ A/i TO 1 l YLOIZS G-3 R a el-k
?=?
7. River Basin: 74 Y4-01-1 Is e A
8. Is this project located in a watershed classified as Trout, SA, HQ .O1ZW S I, or WS II? YES NO
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO [?J'
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: • 33 r4c??
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: , 10 g C iz c:
Drained:
Flooded:
- Ca
Excavated:
00-
Total Impacted: , I D
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DEPARTMENT OF THE ARMY D [ tl -..
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890 C
WILMINGTON, NORTH CAROLINA 28402-1890 6 19,96
July 20, 1993
IN REPLY REFER IU
Regulatory Branch
Action ID. 199302977, Wetland Determination
Mr. Brian Fetzer
94 Cedar Creek Road
Newport, North Carolina 28570
Dear Mr. Fetzer:
Please reference your June 15, 1993 meeting with Mr. Mickey Sugg of my
staff on your property located at the northwest corner of S.R. 1310 and S.R.
1311, in Beaufort Shores, Section 2, Lots Nos. 1 and 2, Beaufort,t,t rteret
County, North Carolina. The purpose of this site visit was to inspect the
property for waters and wetlands subject to Department of the Army (DA)
permitting authority.
During the meeting, you informed Mr. Sugg of your proposed plans to
construct homes within the 0.91-acre tract of land. Mr. Sugg's site
investigation revealed that waters and wetlands subject to DA permitting
authority exist on the property. Accordingly, Mr. Sugg established the
wetland/upland boundary by using pink flagging. He explained that any
activity that takes place landward of the boundary would not require any
Federal permits.. However, issuance of Department of the Army authorization
must precede any placement-of excavated or fill material in Section 404
wetlands waterward of the pink flags on your property. Any unauthorized
activity would be a violation of Federal law.
Before you undertake any work, we strongly suggest that the wetlands be
surveyed and platted on a property map. Such mapping would help you avoid any
unintentional disturbance of wetlands on the site and-would assist your
planning and be essential to any application for a permit which you might
submit. Surveyed wetland lines, shown on property maps, must be field
verified and confirmed in writing by our staff to be acceptable.
Enclosed is a copy of a Wetland Determination Form, providing specific
information obtained at stations on your property. The data.on this form
support the delineation of wetlands on your property in accordance with the
criteria set forth in the 1987 U.S. Army Corps of Engineers' Wetland
Delineation Manual.
i %
-2-
If you have any questions or comments, please address them to Mr. Sugg,
Regulatory Branch, Wilmington District, at telephone [phone] and he
will gladly assist you in any way he can. Thank you for your cooperation with
our regulatory program.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copy Furnished (with enclosure):
Mr. Thomas Welborn, Chief
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, NE.
Atlanta, Georgia 3G365
Copies Furnished (without enclosure}:
?. 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
Mr. Charles Pigott
North Carolina Division of
Coastal Management
Post Office Box 769
3411 Arendell Street
Morehead City, North Carolina 28557
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
July 26, 1993
Brian Fetzer
B. Fetzer, Inc.
94 Cedar Creek Road
Newport, N.C. 28570
Dear Mr. Fetzer:
?EHNR
Subject: Proposed fill in Wetlands or Waters
Lot fill
Carteret County
DEM Project # 93613
Upon review of your request for 401 Water Quality
Certification to place fill material in 0.10 acres of wetlands or
waters which are tributary to Taylor Creek for lot fill, 3-1 and
3-3 located at Linnoxville Road, Beaufort in Carteret County as
described in your submittal dated 14 July 1993, we have
determined that the proposed fill can be covered by General Water
Quality Certification No. 2733 issued January 21, 1992. A copy of
the General Certification is attached. This Certification may be
used in qualifying for coverage under Corps of Engineers'
Nationwide Permit No. 18.
If this Certification is unacceptable to you, you have the
right to an adjudicatory hearing upon written request within
thirty (30) days following receipt of this Certification. This
request must be in the form of a written petition conforming to
Chapter 150B of the North Carolina General Statutes and filed
with the Office of Administrative Hearings, P.O. Box 27447,
Raleigh, N.C. 27611-7447. Unless such demands are made, this
Certification shall be final and binding.
If you have any questions, please contact John Dorney at
919-733-1786.
93613.1tr
Attachment
cc: Wilmington Dist
Corps of Engine
Wilmington DEM
Mr. John Dorney
Central Files
sin erely,
P , eston Howard, J P . E .
rict Corps of Engineers
ers Wilmington Field Office
Regional Office
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
August 5, 1993
IN REPLY REFER TO
Regulatory Branch
Action ID. 199302977 and Nationwide, Permit No. 14 (Road Crossing)
Mr. Brian Fetzer
B. Fetzer, Inc.
94 Cedar Creek Road
Newport, North Carolina 28570
Dear Mr. Fetzer:
?
WETLANDS GROU
WATER QUALITY SECTION
Reference your application of June 21, 1993, for Department of the Army
(DA) authorization to place fill material in 0.10 acre of wetlands adjacent a
pond near Taylor's Creek to provide site for two single family homes on your
property off near SR 1310 and SR 1311 close to Beaufort, Carteret County,
North Carolina.
For the purposes of the Corps of Engineers' Regulatory Program, Title 33,
Code of Federal Regulations (CFR), Part 330.6, published in the Federal
Register on November 22, 1991, lists nationwide permits. Authorization,
pursuant to Section 10 of the Rivers and Harbors Act of 1899 and-Section 404
of the Clean Water Act, was provided for fills for roads crossing waters of
the United States (including wetlands and other-special aquatic sites)
provided:
a. The width of the fill is limited to the minimum necessary for the
actual crossing;
b. The fill placed in waters of the United States is limited to a filled
area o€ no more than one-third acre.. Furthermore, no more than a total of 200
linear feet of the fill for the roadway can occur in special aquatic sites,
including wetlands;
c. The crossing is culverted, bridged or otherwise designed to prevent
the restriction of, and to withstand, expected highflows and the movement of
aquatic organisms;
d. The crossing, including all attendant features, both temporary and
permanent, is part of a single and complete project for crossing of a water of
the United States; and
e. For fills in special aquatic sites, including wetlands, the permittee
notifies the District Engineer (DE) in accordance with the "Notification"
general condition.
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions and provided
you receive a Section 401 water quality certification from the North Carolina
Division of Environmental Management (NCDEM). You should contact Mr. John
Dorney, telephone [phone], regarding water quality certification. In
the coastal.area, a consistency determination should be obtained from the
North Carolina Division of Coastal Management (NCDCM). Please call Mr. Steve
Benton, telephone [phone], regarding this determination. This
nationwide permit does not relieve you of the responsibility to obtain other
1.
Ir
-2-
required State or local approval. By copy of their letter dated June 30,
1993, we have been advised by the North Carolina Division of Coastal
Management that you must obtain a CAMA permit for the proposed work.
Construction should not begin until you have their permit and other necessary
authorizations..
This verification will be valid for two years from the date of this
letter unless the nationwide authorization is modified, reissued or revoked.
Also, this verification will remain valid for the two years if; during that
period, the nationwide permit authorization is reissued without modification
or the activity complies with any subsequent modification of the nationwide
permit authorization. If during the two years, the nationwide permit
authorization expires or is suspended or revoked, or is modified, such that
the activity would no longer comply with the terms and conditions of the
nationwide permit, activities which have commenced (i.e., are under
construction) or are under contract to commence in reliance upon the-
nationwide permit will remain authorized provided the activity is completed
within twelve months of the date of the nationwide permit's expiration,
modification or revocation, unless discretionary authority has been exercised
on a case-by-case basis to modify, suspend or-revoke the authorization.
Questions or comments may be addressed to Mr. Scott McLendon, Wilmington
Area Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
1
..Jr .
-3-
Copies Furnished (without enclosure):
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
.p-' Steve Benton
m
oSorth Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Charles Jones
Morehead City Regional-Office
North Carolina Division
of Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Mr. Jim Gregson
North Carolina Division of
Environmental Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
l
MEMO
DATE: UR
"TO: SUBJECT:
Y-C ci CM
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9?ku A71FIA '144
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167
q3613
From:
V?qv
<'N STATf ?y ??^V.ss North Carolina Department of Environment,
Health, and Natural Resources
V? Printed on Recycled Paper
sy ?;M V4?
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Branch
August 5, 1993
Action ID. 199302977 and Nationwide, Permit No. 14 (Road Crossing)
Mr. Brian Fetzer
B. Fetzer, Inc.
94 Cedar Creek Road
Newport, North Carolina 28570
Dear Mr. Fetzer:
aJJ1
WETLANDS GR s? -'
_ MATER QUALITY SECTiQt)
Reference your application of June 21, 1993, for Department of the Army
(DA) authorization to place fill material in 0.10 acre of wetlands adjacent a
pond near Taylor's Creek to provide site for two single family homes on your
property off near SR 1310 and SR 1311 close to Beaufort, Carteret County,
North Carolina.
For the purposes of the Corps of Engineers' Regulatory Program, Title 33,
Code of Federal Regulations (CFR), Part 330.6, published in the Federal
Register on November 22, 1991, lists nationwide permits. Authorization,
pursuant to-Section 10 of the Rivers and Harbors Act of 1899 and Section 404
of the Clean Water Act, was provided for fills for roads crossing waters of
the United States (including wetlands and other special aquatic sites)
provided:
a. The width of the fill is limited to the minimum necessary for the
actual crossing; -
b. The fill placed in waters of the United States is limited to a filled
area of no more than one-third acre. Furthermore, no more than a total of 200
linear feet of the fill for the roadway can occur in special aquatic sites,
including wetlands;
c. The crossing is culverted, bridged or otherwise designed to prevent
the restriction of, and to withstand, expected highflows and the movement of
aquatic organisms;
d. The crossing, including all attendant features, both temporary and
permanent, is part of a single and complete project for crossing of a water of
the United States; and
e. For fills in special aquatic sites, including wetlands, the permittee
notifies the District Engineer (DE) in accordance with the "Notification"
general condition.
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions and provided
you receive a Section 401 water quality certification from the North Carolina
Division of Environmental Management (NCDEM). You should contact Mr. John
Dorney, telephone [phone], regarding water quality certification. In
the coastal area, a consistency determination should be obtained from the
North Carolina Division of Coastal Management (NCDCM). Please call Mr. Steve
Benton, telephone [phone], regarding this determination. This
nationwide permit does not relieve you of the responsibility to obtain other
l
-2-
required State or local approval. By copy of their letter dated June 30,
1993, we have been advised by the North Carolina Division of Coastal
Management that you must obtain a LAMA permit for the proposed work.
Construction should not begin until you have their permit and other necessary
authorizations.
This verification will be valid for two years from the date of this
letter unless the nationwide authorization is modified, reissued or revoked.
Also, this verification will remain valid for the two years if, during that
period, the nationwide permit authorization is reissued without modification
or the activity complies with any subsequent modification of the nationwide
permit authorization. If during the two years, the nationwide permit
authorization expires or is suspended or revoked, or is modified, such that
the activity would no longer comply with the-terms and conditions of the-
nationwide permit, activities which have commenced (i.e., are under
construction) or are under contract to commence in reliance upon the
nationwide permit will remain authorized provided the activity is completed
within twelve months of-the date of the nationwide permit's expiration,- .
modification or revocation, unless discretionary authority has been exercised
on a.case-by-case basis to modify, suspend or revoke the authorization.
Questions or comments may be addressed to Mr. Scott McLendon, Wilmington
Area Field Office, Regulatory Branch, telephone [phone].
Sincerely,
.-G. Wayne Wright
Chief, Regulatory Branch'
Enclosure
r?
I
-3-
Copies Furnished (without enclosure):
Or- ,ohn Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Mr. Steve Benton
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr_ Charles Jones
Morehead City Regional Office _
North Carolina Division
of Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Mr. Jim Gregson
North Carolina Division of
Environmental Management
127 Cardinal Drive Extension
Wilmington,.North Carolina 28405

IMPORTANT
Tim
WHILE YOU WERE OUT
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AREA CODE NUMBER EXTENSION
TELEPHONED PLEASE CALL
CALLED TO SEE YOU WILL CALL AGAIN
WANTS TO SEE YOU URGENT
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Message 6..,4'Z G.- C n .
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Dept. of Env_ ft, Health, and Natural Resources