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Home My WebLink About19961119 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: LT.N?FA IT 0 ?A&41 0 ID EHNFi 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 . 01-6 pin [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 ..1 ..) in C N 5.R'. /Izq LfAjol d , 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 AIT 0 4 OR ?EHNR 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? --Z(- lQ Ow is Signature Date N- T CA t?7 C7 GA C' 41 00 SP/2/:-,4D 50/4. -- 3 Q fA `R} a ? ?c y ? d r ?- N ? ? +G ti C y a b f I N #i:: 4 1M < -'�' t t' . y,'• ` •' �:„ti s #� ::1 Yr -� A �� Ate” is?'.,