19940790 Ver 1_COMPLETE FILE_19940826

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
APPROVAL of 401 Water Quality Certification
Mr. Richard Elliott
404 S. Granville St.
Edenton, N.C. 27932
Dear Mr. Elliott:
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September 1, 1994
Chowan County
DEM Project # 94790
FILE UlrI
You have our approval to place fill material in 0.06 acres of wetlands or waters for
the purpose of road construction at SR 1158, as you described in your application dated
28 August 1994. After reviewing your application, we have decided that this fill is covered
by General Water Quality Certification Number 2732. This certification allows you to use
Nationwide Permit Number 14 when it is issued by the Corps of Engineers.
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 this approval to be valid, you must follow the conditions
listed in the attached certification. In addition, you should get any other federal, state or
local permits before you go ahead with your project.
If you do not accept any of the conditions of this certification, you may ask for an
adjudicatory hearing. You must act within 30 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 Environmental Management under
Section 401 of the Clean Water Act. If you have any questions, please telephone John
Dorney at 919-733-1786.
Sincerely,
PeLston o ard, Jr E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional Office
Mr. John Dorney
Central Files
94790.1tr
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
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DEM ID:

401 ISSUED
ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): /I/w/° ` / ?z
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 [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL
NC DEPARTMENT OF ENVIROND
AND NATURAL RESOURCES
P.O. Box 29535
Raleigh, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone]

HEALTH
AUG 2,3 1994
[,I ITY SEC"
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name:
2. Owners Address: /lam C- - 2-7 9-3-2-
3. Owners Phone Number (Home): l -,,a/ ?' `,- 5-- ' - ?G 7 3 (Work):
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
5. Location of work (MUST ATTACH MAP). County: z?rfUwir`?/
Nearest Town or City:
Specific Location (Include road numbers, landmarks, etc.): D.?d/1,;f q
?`. ? i v Tl' 7'/02 ag
6. Name of Closest Stream/River: Og /- /-3,• /t 14 t-? !z/ e-IR-
7. River Basin:
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO N
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO LM
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
= d6/15. 1111, *7-A;,4 y /b /fG/24?5 /?? TG?s'ri?s
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled:
Drained:
Flooded:
Excavated:
Total Impacted:
_??%o
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12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only):
13. Purpose of proposed work: /5%2,*`I
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. Ga?iri`'Ur 5?4Ti?,vs e? F Get urger
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service
(NMFS) regarding the presence or any Federally listed or proposed for listing endangered or threatened species or critical
habitat in the permit area that may be affected by the proposed project. Have you done so? YES [?C] NO [ ]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic
properties in the permit area which may be affected by the proposed project? Have you done so? YES V] NO [ ]
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the
delineation line.
D. If a stormwater management plan is required for this project, attach copy.
E. What is land use of surrounding property?
F. If applicable, what is proposed method of sewage disposal?
Owner's Signature Date

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RECEIVED
OCT 1 4 1994
,? ?_. - ENVIRpNMEIVtAt SCIENCES
KN North Carolina Wildlife Resources Commission 0
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
MEMORANDUM Charles R. Fullwood, Executive Director
TO: John Dorney
Water Quality Planning
Division of Environmental Management, DEHNR
FROM: Richard B. Hamilton
Assistant Director
DATE: October 7, 1994
SUBJECT: Review of application for Nationwide Permit 26 and
Section 401 certification, DEM ID 94878, Richard F.
Elliott, Jr., Chowan County
Staff biologists with the Wildlife Resources Commission
have reviewed this permit application and are familiar with
habitat values of the project area. In order to further assess
project impacts on fish and wildlife resources, an onsite
inspection was conducted on October 4, 1994. Our comments are
provided in accordance with provisions of the Fish and Wildlife
Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et
seq.), Section 401(b) of the Clean Water Act of 1977 (as
amended), and North Carolina General Statutes (G.S.113-131 et
seq.).
The applicant proposes to drain and/or fill 5.9 acres of
wetlands adjacent Albemarle Sound in order to convert the
project area into agricultural fields. The project site has
been logged and standing water exists throughout the site.
Wetlands on this site provide functions which benefit the
public as well as fish and wildlife. Wetlands retain and purify
stormwater runoff and provide valuable habitat for numerous
species of fish and wildlife. Wetlands such as these play a
major role in the overall biological productivity of adjacent
waters.
The project as proposed would convert 5.9 acres of wetlands
into cultivated agricultural fields and would reduce or
eliminate habitat values and physical wetland functions. In
addition, this project would add to the cumulative losses of
r
Richard F. Elliot, Jr 2 October 7, 1994
DEM#: 94878
wetlands in this region due to piecemeal permitting of numerous
other small scale projects.
As proposed, this project is inconsistent with our Policies
and Guidelines for Conservation of Wetlands and Aquatic
Habitats. It is the policy of this agency to oppose projects
which "displace, damage, or modify wetland values and
functions". We also believe that this project is inconsistent
with the Environmental Protection Agency's Section 404(b)(1)
guidelines in that the project does not constitute a water
dependent activity. Due to these factors, we request that 401
Water Quality Certification not be issued.
We appreciate the opportunity for providing our input into
this permit review. If further information is needed, please
contact Pete Kornegay at [phone].
PK/fm
CC: The Honorable Russell M. Hull, Jr.
The Honorable Jerry W. Wright
The Honorable C.J. Belch Jr.
Pete Kornegay, District 1 Fisheries Biologist
David Rowe, District 1 Wildlife Biologist