HomeMy WebLinkAbout19961119 Ver 1_COMPLETE FILE_19961206State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
APPROVAL of 401 Water Quality Certification
Mr. Jack Sykes
1549 Strawberry Branch
Kinston, NC 28501
Dear Mr. Sykes:
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February 5, 1997
Lenoir County
DWQ Project # 961119
You have our approval, in accordance with the attached conditions, to place fill material and excavate a
total of 0.99 acres of wetlands or waters for the purpose of constructing a pond at your property at SR 1929
and SR 1905, as you described in your application dated 27 January 1997. After reviewing your application,
we have decided that this fill is covered by General Water Quality Certification Number 3108. This
certification allows you to use Nationwide Permit Number 26 when it is issued by the Corps of Engineers.
This Certification is valid effective 11 February 1997.
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. If total
wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required
as described in 15A NCAC 2H.0506 (h) (6) and (7). For this approval to be valid, you must follow the
conditions listed in the attached certification. In addition, you should get any other federal, state or local
permits before you go ahead with your project. Also this approval will expire when the accompanying 404 or
CAMA permit expires unless otherwise specified in the General 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 Water
Act. If you have any questions, please telephone John Domey at 919-733-1786.
Sincerely,
ston Howard, Jr. P.E
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Mr. John Dorney
Central Files
961119.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959
An Equal Opportunity Aff irmative Action Employer • 50% recycled/10% post consumer paper
DEHNR
TMORANDUM
Fax:9199753716 Jan 16 '97 11:18 P.04/04
PRINT NAMES :
Reviewer: 4L-
JOIN DORNEY WQ SUPV. •
ENVIRONMENTAL SCIENCES BRANCH DATE:
LTBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Oq,r*EACH ITEM MUST BE ANSWERED (USE NIA FOR NOT APPLICABLE) ***
PERMIT YR: 96 PERMIT NO: 0001119 COUNTY: LENOIR
VFLICANT NAME: JACK SYKES
PROJECT TYPE: 1?RCREATTONAL POND PERMIT TYPE; NW26
FOE_# : DOT
?BCD FROM CDA; APP DATE-FRM_CDA_ 12/06/96
REG OFFICE : WARO
IVER AND SUB_BASIN #. 030405 STR INDEX N0: 27-80-17
STREAM CLASS: C
WL IMPACT?:? WL TYPE:
WL REQUESTED . WL, ACR EST? : Y/N
WL SCORE M : WATER IMPACTED BY FILL?: Y/N
MITIGATION?; Y/N MITIGATION TY1IPE:
MITIGATION SIZE:
DID YOU REQUEST MORE INFO?: Y/N
IS WETLAND RATING SHEET ATTACHED?: Y'/N
HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT.
RECOMMENDATION (Circle One): ISSUE ISSUE/COND DENY
C
F
....
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
:on DWQ Regional Office
'iles
January 21, 1997
DWQ Project #961119
Mr. Jack Sykes
1549 Strawberry Branch Road
Kinston, NC 28501
Dear Mr. Sykes:
On 6 December 1996, you applied to the N.C. Division of Water Quality (DWQ) for a 401 Water
Quality Certification to impact 2.0 acres of wetlands or waters for your project (construction of a
recreational pond) located at SR 1929 & SR 1905 in Lenoir County. Your project has been forwarded to
Ms. Deborah Sawyer (919) 946-6481 of DWQ Washington Regional Office for review. This review will
likely require an on-site inspection prior to the approval, modification or denial of your project site. If you
have sent additional information to the U.S. Army Corps of Engineers concerning this project, please be
certain that our staff have copies of this material so we can use it in our process in making a decision.
According to our preliminary, in-house review since you propose to disturb greater than one acre of
wetlands, it is likely that compensatory mitigation will be required by DWQ for this project as described in
15A NCAC 2H.0506 (h). Our Regional Office staff can make this decision during their site visit. If
adequate mitigation is required but not required but not provided, this project will likely have to be denied.
Also if a mitigation plan is required, we will place this project on hold until its receipt in our Central
Office. Enclosed are materials describing compensatory mitigation requirements for this program. Please
call me at 919-733-1786 to discuss these matters if necessary. Until a mitigation plan is provided, this
application is considered to be incomplete and our processing time will not start.
We recommend that you not impact any wetlands or waters on your project site until a 401 Water
Quality Certification has been issued from Raleigh, The issuance of a Corps of Engineers 404 Permit does
not mean that your project can proceed. According to the Clean Water Act, the 404 Permit is not valid
until a 401 Certification is also issued. If DWQ staff observe impacts which are not allowable, you will be
required to remove the fill and restore the site to its original condition. I can be reached at 919-733-1786 if
you have any questions about the 401 Certification process.
RECEIVED
JAN 2 9 iyy/
EIVVIRONMENTAL SCIENCES
-, ` ` 961119.1tr
AT4 or V
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[D EHNF1
Siere1
Jo n R. Dorney
W ter Quality Certific on gram
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
January 27, 1997
Dear Sirs:
On December 6, 1996, your office received an application for a one acre recreational
pond on my property. All appropriate maps, drawing, and Corps of Engineers permit
were included. My project was placed on hold since I would be impacting 2 acres of
wetland.
I would like to change this request to impact less than one acre of wetland. I propose
to dig an area less than 1/2 acre (145' X 145" square ) and spread fill dirt on three sides
( less than 1/2 acre in total ) and completely avoid the small stream next to my property.
See attached sketch.
Would you please take this proposal under consideration? If there is any additional needed
please contact me.
Thank You,
Jack Sykes
1549 Strawberry Branch Rd
Kinston, N.C. 28501
W 919 559 5197
H 919 523 3067
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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
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January 21, 1997
DWQ Project #961119
Mr. Jack Sykes
1549 Strawberry Branch Road
Kinston, NC 28501
Dear Mr. Sykes:
On 6 December 1996, you applied to the N.C. Division of Water Quality (DWQ) for a 401 Water
Quality Certification to impact 2.0 acres of wetlands or waters for your project (construction of a
recreational pond) located at SR 1929 & SR 1905 in Lenoir County. Your project has been forwarded to
Ms. Deborah Sawyer (919) 946-6481 of DWQ Washington Regional Office for review. This review will
likely require an on-site inspection prior to the approval, modification or denial of your project site. If you
have sent additional information to the U.S. Army Corps of Engineers concerning this project, please be
certain that our staff have copies of this material so we can use it in our process in making a decision.
According to our preliminary, in-house review since you propose to disturb greater than one acre of
wetlands, it is likely that compensatory mitigation will be required by DWQ for this project as described in
15A NCAC 2H .0506 (h). Our Regional Office staff can make this decision during their site visit. If
adequate mitigation is required but not required but not provided, this project will likely have to be denied.
Also if a mitigation plan is required, we will place this project on hold until its receipt in our Central
Office. Enclosed are materials describing compensatory mitigation requirements for this program. Please
call me at 919-733-1786 to discuss these matters if necessary. Until a mitigation plan is provided, this
application is considered to be incomplete and our processing time will not start.
We recommend that you not impact any wetlands or waters on your project site until a 401 Water .
Quality Certification has been issued from Raleigh, The issuance of a Corps of Engineers 404 Permit does
not mean that your project can proceed. According to the Clean Water Act, the 404 Permit is not valid
until a 401 Certification is also issued. If DWQ staff observe impacts which are not allowable, you will be
required to remove the fill and restore the site to its original condition. I can be reached at 919-733-1786 if
you have any questions about the 401 Certification process.
S' erel
Jo R. Dorney
ter Quality CertM ` on gram
cc: Washington DWQ Regional Office
Central Files
961119.1tr
Division of Water Quality - Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NO 27607 Telephone 919-733-1786 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer - 50% recycled/100/6 post consumer paper
Dear Sirs:
I recently had to salvage cut approximately 3 acres of woodland due to hurricane
damage. I would like to construct a 1 acre recreational pond on the site. See attached
permit from the Corps of Engineers. I have attached 7 copies of the permit, soils map,
and aerial photo. This site was partially excavated in the late 1940's by the Department
of Transportation and used as fill dirt.
Also be advised that since the permit was issued my address has changed due to
area 911 coverage.
If there is any additional information needed please advise.
'\?'e C-1/
ack Sykes
1549 Strawberry Branch Road
Kinston, N C 28501
Si 11*?cerely'
H- 919 523-3067
W- 919 559-5197
RECEIVED
Ctu p 61996
ENVIRONMENTAL SCIENCES
DEM ID: '9 fi ACTION ID:
41-
Nationwide Permit Requested (Provide Nationwide Permit #): 52
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 OE THIS COMPLETED APPLICATION SHOULD I1E SENT TO THE CORPS OF ENGINEERS.
SEVEN (7) COPIES SHOULD 13E SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT. n ?/
1. Owners Name: 11R C X S LIkrs S
2. Owners Address: /S-49s -rt?h 3 Qr akLf z3im- I c14 gD, luluS-r6 N, A) C. V0I
3. Owners Phone Number (Home): q) 36 ev I (Work): q I q S"r j - 5-p q
4. If Applicable: Agent's name or responsible corporate official, address, phone number.
5. Location of work (MUST ATTACH MAP). County: .Z. A) 0 / /Z
Nearest Town or City: Jl 11? S ? D
Specific Location (Include road numbers, landmarks, etc.):, f 11'1 u r I kJ f A . S?>~ Or-T' PJS e -12D SS R D A DS
IN %-r HE S ? ? • Q (,t /,y ? it A tlf T d ? ?- fLr, 1 N T'F (? S r C -t-io fJ o F- 5 19.24 # SOZ / 9&
QD\-'A+cr,#j -Y to AV UpsUAthX..h, "MIaLtt.4 Q4to 57'8RCt)(30 iZ2g1QAhSG11
6. Name of Closest Stream/River: 51" R AW A r R A K A R A 0 e-
7. River Basin: ?J )= GAS !;
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO C
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO [v]im
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: / a C- L
Drained:
Flooded:
Excavated:
Ir-fef Tm-n?.fa,4- -7,4r-" S
,Q
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): _ ttr15 R 'ro
13. Purpose of proposed work: (20N I 12 Ur C-' 1 AC 2 C QL x_ C #2r-- -r) DV A L p b rU l)
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, nQte measures
taken to minimize wetland impacts. TNI 3 13 ONE, y IlRFA ?1 V4 ILA A34 JC ?e /J04YP 26WII,E
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 or threatened species or critical
habitat in the permit area that may be affected by the proposed project. Have you done so? YES [ ] NO V
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 [ NO M
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 island use of surrounding property? ??rR t CLl 4 !x_ RAC, //SII?,?iUT t AG
F. If applicable, what is proposed method of sewage disposal?
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