Loading...
HomeMy WebLinkAbout19980781 Ver 1_COMPLETE FILE_19980113State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES October 2, 1998 Craven County WQC 401 Project # 980781 APPROVAL of 401 Water Quality Certification Mr. Philip Wynn 327 Blue Goose Lane Newport, NC 28570 Dear Mr. Wynn: You have our approval, in accordance with the attached conditions, to place fill material in 0.04 acres of wetlands or waters for the purpose of stabilizing a shoreline, as you described in your application dated August 13, 1998. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3112. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. 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 a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. 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). For this approval to be valid, you must follow the conditions listed in the attached 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 Dorney at 919-733-1786. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DWQ Regional Office Mr. John Dorney Central Files John Parker; DCM Sin ly, re on Ho Jr. P. 980781.1tr Division of Water Quality • Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX 919-733-9959 An Equal Opportunity Affirmative Action Employer 9 50% recycled/10% post consumer paper 2 3 4 AUG I cr?u? Photo Index - 1995: 66-736 (indexed by L-8) 1989: 3 135 5 (indexed by S-21) State Plane Coordinates - X: 2,669,400 Y: 427,000 Cherry Point Quad "LR" DIVISION OF COASTAL MANAGEMENT, FIELD INVESTIGATION REPORT I LIU APPLICANT'S NAME: Phillip V. Wynn r ? LOCATION OF PROJECT SITE: Craven County, near the Community oft Bin Moorings Subdivision, on Clubfoot Creek INVESTIGATION TYPE: CAMA/D&F INVESTIGATIVE PROCEDURE: Dates of Site Visit - January 21, 1998 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - June 3, 1998 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Craven County Land Classification From LUP - Conservation (B) AEC(s) Involved: ES, EW, PT (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - None Planned - Individual septic system (F) Type of Structures: Existing - None Planned - Bulkhead (G) Estimated Annual Rate of Erosion: 8' Source - Applicant and verification during site visit 7. HABITAT DESCRIPTION: 9gossf [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands 404 wetlands 1,570 ftz (B) Non-Vegetated Wetlands PT, EW of Clubfoot Creek 190 ft2 __ (C) Other T ES high round 2,730 ft2 (D) Total Area Disturbed: 4,490 fe (E) Primary Nursery Area: No - Secondary Nursery Area (F) Water Classification: SA NSW Open: No 8. PROJECT SUMMARY: The applicant proposes to construct 148' of bulkhead including the filling of 1,570 ft2 of 404 jurisdictional wetlands. A FIELD INVESTIGATION REPORT: PHILLIP V. WYNN/CRAVEN COUNTY PAGE #2 9. NARRATIVE DESCRIPTION: Project Description The applicant owns lot #9 in The Moorings Subdivision, near the Blades Community, off SR 1713, on the western side of Clubfoot Creek, in Craven County. The 1.13-acre lot is characterized by old farm field adjacent to the new subdivision road and a 250' forested buffer adjacent to Clubfoot Creek. The shoreline is eroding with a pocket of high marsh/coastal wetlands located along the southern property line (additional marsh. has eroded away). A 5' to 20' fringe of 404 jurisdictional wetland is also located along the shoreline behind the remaining marsh. The shoreline including the 404 wetlands appears to have been impacted by the storms of 1996. And based on the applicant, the erosion rate over the past few years is averaging 8' /year. Based on the fallen trees and exposed roots along the shoreline, such a rate is likely, especially since a northeast wind blows directly onto the applicant's property. A severe erosion escarpment is evident along the northern end of his property. The Moorings is a new 50-lot subdivision with only one house under construction. Individual piers dot the shoreline within the subdivision and a 22-slip residential marina is located immediately downstream on lots 2, 3, 4 and 5. Clubfoot Creek is a Secondary Nursery Area, the waters are classified SA NSW but the creek is closed to shellfishing. Project Description The applicant proposes to stabilize an eroding shoreline by installing a 148' of vinyl plastic bulkhead along the erosion escarpment at the northen end of his property and behind Coastal Wetlands at the southern end of his property. The alignment would extend a maximum of 5' from the NWL along one 30'-wide erosion pocket and 2' waterward of the NWL along two smaller 10'-wide erosion pockets. The remaining bulkhead would either be at the NWL or behind the Coastal Wetlands. A 10' long wingwall would be installed along the northen property boundary while a 55' return would be installed along the southern property boundary. The height of the wall would be 3' at the NWL, 1.5' in height along the northern boundary and 2' in height along the southern boundary. The applicant proposes to fill the 404 wetland fringe. The area behind the bulkhead would be filled and graded back to the high ground. The applicant has modified the project in an attempt to reduce impact to the neighboring lots. Anticipated Impacts Installation of the 148' of bulkhead along the erosion pockets would displace approximately 190 fe of Public Trust Waters/Estuarine Waters of Clubfoot Creek. The backfilling of the structure would impact approximately 1,570 fe of jurisdictional 404 wetlands. The backfilling would also disturb approximately 2,730 fe of high ground. Given the configuration of the shoreline and the location of the northen end of the bulkhead, it could offer some protection to the remaining Coastal Wetlands from the prevailing northeast winds. M. Ted Tyndall - Morehead City Office - July 22, 1998 Form I)CM-MP-1 APPLICATION (To be completed by all applicants) b. City, town, community or landmark 1. APPLICANT Cub Fool CRCtK ?- /3/AIt iorer"mw,34 a. Landowner: Name _ P11,1ZLIP V &N11Nr'i1 Address 3-27 Ewer Gaosc 1,Awtm;- City NcwPo (2i State luc- Zip 28 70 Day Phone(&2)213- -7 7C, - 2-Fax (910 3'1G - 36 G b. Authorized Agent: AJ114 Name Address City State Zip Day Phone Fax c. Project name (if any) NOM Permit will be issued in name of landowner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County CRRUt=4V c. Street address or secondary road number 52 17/3 d. Is proposed work within city limits or planning jurisdiction? Yes X No e. Name of body of water nearest project (e.g. river, creek, sound, bay)CC it Pa- r-96EK 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. ?QoPoSE To 13KtL), R &LKF+tWt b. Is the proposed activity maintenance of an existing project, new work, or both? NEW W oi2K c. Will the project be for public, private or commercial use? ZQ 1 Ykl-' d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. 7- &57-oRr "b STABIUZA:F' rBe' 51464tuw,c . Tfler &#-M A &utu. Rz' 7ZAr(3 1114H ALo N& TNr WA7i-ZS Chitr AAa -42o C2) FT. N/6ff ALONG 7H-&r CoAS7-4L TCRivas , ticC. D 2T arur 6r kAdet N &LEV wow vF Tif6;- LAND- IT *14 mote WILL 3'?=' aseb 7b INS'rA-7'#L P9. 1 Revised 0319r Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract Z I3 ACRES b. Size of individual lot(s) _/. /.3 4CAe c. Approximate elevation of tract above MHW or NWL % Fee r d. Soil type(s) and texture(s) of tract AcrA risrA So1L (Rlj e. Vegetation on tract _ LINES, HARb wooDS . Sotn? qo 4 AA b GoAS T/1(- V4iG 6'TA T/o?V f. Man-made features now on tract No tut g. What is the CAMA Land Use Plan land classification of the site? (Consult the local Land use plan.) _ Conservation Developed Rural Transitional Community Other h. How is the tract zoned by local government? JVoNL-,:- i. Is the proposed project consistent with the applicable zoning? X Yes No (Attach zoning coMliance certificate, if applicable) Has a professional done for the tract? If yes, by whom? archaeological assessment been Yes L No k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes __&_ No . 1. Are there wetlands on the site? _X Yes No Coastal (marsh) X Other qo4 wercoaub If yes, has a delineation been conducted? cS (Anaeh documentation, if available) m. Describe existing wastewater treatment facilities. 1N'biytN4AL SCMc_ s ? !M*?" n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial /commercial effluent, "wash down" and residential discharges.) Pomic o. Describe existing drinking water supply source. /NDtutbst tL u+e3LlS w/77i Am 098 CRAur3u coc4N r4 u,?7r?r JA)S7A(LA770^) lwna . 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black ink on an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the oN SANkAtey ZIl t'198, CAttg FIELD J?ef0e-.$ 7-,477VC- j=--b 7?,VW.L 4,Ub Cop^ o1c 6XCE1Ut2W%(C0c QIR AL47vvt? ()RoAer_T- MWACQt 9ALE/6/f Mlisvl t urdbucreb F}N oN 5tri: /?u0r A//Lt ?j7°n1 ' (Ieit Qj• T-H,-- 4o q. L erLtfi t-Ar war j"LAG6 et t1710 ^OMVve^j? a9 COO / N J 9 9 6 . Tfh CurTLANLbS W69-ems' c.64F10Meb 123 /17R. 13LAVq L)a#4u` a/772?' /06ET/M: I? Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary. • A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name hA& (ASA Address / 8 St µ /HISSiorJ yicL l.,,qN&' Phone PoXTA Roo i-. 6604-2-- Oro e 583- 99co Name bmj71 cUzNa t Address./OX/51 Towc?z Wly- cowe l- Phone ELL I Co a Ma 24 o 1- ( 910) 750 - 79 Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. /V0NtC • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the V4 4 day of u ,r , 197$. Print Name PH /LEI P IY W M P J4 Signature Zmtdowner r Authorized gent Please indicate attachments pertaining to your proposed project. X DCM MP-2 Excavation and Fill Information X DCM MP-3 Upland Development DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE. Please sign and date each attachment in the space provided at the bottom of each form. el-.? ,o ...:....v m me , Form DCM-,MT2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in rest. 1. EXCAVATION ?U l a. Amount of material to be excavated from below MHW or NWL in cubic yards b. Type of material to be excavated Average Final Existing Project Length Width Depth Depth Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? Yes No d. Highground excavation in cubic yards 2. DISPOSAL OF EXCAVATED MATERIAL N J)?- a. Location of disposal area b. Dimensions of disposal area c. Do you claim title to disposal area? Yes No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? Yes No If yes, where? pg. q Revised 03/95 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes No f. Does the disposal include any area in the water? Yes No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization X Bulkhead Riprap 66 F?='i~T AtOn?C wA-/--R's t'-b 6L j b. Length -213 56-7--- oven Ai-L c.e•,ucT1t or c. Average distance waterward of MHW or NWL . AvacACr .2 FL-er /00 7 fu0thr THAN 5 Ff'V-7? d. Maximum distance waterward of MHW or NWL 5 Ft?F 7- e. Shoreline erosion during preceding 12 months S r??T (Source of information)St42Vg% (elf}% MHw L)Nc= to 4b, I 1 % f. Type of bulkhead or riprap material Ep? GAtas c Yr N H L PLAS-17L g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill 10 Cyaic. ct "M h. Type of fill material b/ R i i. Source of fill material oN SITZ:r f9AkD CONTRACTED bozr 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? _K Yes No Revised 03/95 If yes, (1) Amount of material to be placed in the water /35- sg FT. (2) Dimensions of fill area SFEr- X ZyFrEr (3) Purpose of fill SHoac Urot 5-rA6Jt-1Vvo,-1 b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? _ Yes No4 n Wt-T LAA)as) If yes, (1) Dimensions of fill area _4 76 O Sg Fr- .5 E>= PLAT 2 or S (2) Purpose of fill _J--XF/LL of &J44,9egD 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? CoA3yVite-7or) o N &LgHrAjb u,tl.L &,c e-OMIO.CT-h loll rc 2>EUyra94 oG F/LL Agre AL- b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? ?fkk f/o c. Will wetlands be crassed in transporting equipment to project site? Yes K No If yes, explain steps that will be taken to lessen environmental impacts. 'NILL110 V W 4"'o A p 'cant or Project N rw signet Date P5 , S Form DCM-MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. a. Type and number of buildings, facilities, units or structures proposed / 64yt Ng AD b. Number of lots or parcels h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. Has a site development plan been submitted to the Division of Environmental Management for review? Yes _ C No If yes, date submitted i. Describe proposed method of sewage disposal. oiJ S/ = CRAU00 e.ou.nt &-A L74 AnT n /- tp-j s' 3s' j. Have the facilities described in Item i. above c. Density (givp the number of residential units and the received state or local approval? LA S units per acre) (Attach appropriate documentation) k. Describe location and type of proposed discharges to Size of area to be graded, filled or disturbed waters of the state (for example, surface runoff, including roads, ditches, etc. 13o 09 FT sanitary wastewater, industrial/commercial effluent, Sty 61LA7" 3 OF Y_ "wash down" and residential discharges). Noocr If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? Yes )e No If yes, date submitted f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. N o iut:57' g. Give the percentage of the tract within 75 feet of MHW or NWL, or within 575 feet in the case of an Outstanding Resource Water, to be covered by impervious and/or built-upon surfaces, such as pavement, buildings, rooftops, or to be used for vehicular driveways or parking. Natit_ Revised 03/95 Describe proposed drinking water supply source (e.g. well, community, public system, etc.) CR A u0-i a 0(A iu cu 4 7--tat 5 L,.( in. Will water be impounded? If yes, how many acres? _ Yes _X_ No n. If the project is a oceanfront development, when was the lot(s) platted and recorded? NA- ?'N?c?,P App 'cant or Project Name 3 r Signature 5uxt? 2, /99R Date ?J- (,D 'ja oo = 11oui i X096-999 (Z5L) 'XVJ ( s ?,?,? K>) 666Z-999 (Z9Z) Z998Z DN `MU2119[ MEN KOZI X®G ooz ooL os sz o os 'O?d( BuIA;)A1nS putrg ,rivDS DII-IdyN ----- -------- --- ----Du? ?.?.d`sa????os 'S 11InS - 61866CId0 '?N HIT 8661-8Z-50 `31v(1 NN),M 'A d1-1-1IHd 'd?? dNI-11INV3 HiNON 'J,1N(1?S ----N3Ad?JO ---- 'dIHSN/1?1 3A13 ?130Wf1N Sa330 d0 2131SIO3,1 J.J_N(100 NIAVV JO '091 ?? X91 3al?S 1N?ISIAicta s ` d/N >I00-IEI ' 6 '?N 10l `O 1?NIOVO 1V-1d '3NO NOU1S 'SONI?100W 3H1 .10 NV?d -lVNIJ a3S1A3?1 zz.oi? M„v?:,8l.00N 0_l'i:_t SZ't_ _ oo'_SZ o_t_o 6 Ndld 10ld ,l?JVNIWF3?Jd .13U SNIHV3f3 (J80HJ J f110N31 ( S(IIUVi? 3 21(10 lU? 0'? b o u, 0'Ol S'8Z o- M - Ell w W 0 C ,6-V 0„6Z,61,.ZAP N Ill ONb-I1JM -- L L' K M„ LV,8o.8 LS 6 05'LZ M„60,?'Ls??s 6 96.1,9 3„ BS,? .BzS 6 ,Zti'S t M„B L,9-V. LSS 6 30NV1SIU N011032110 101 3N1?3?i0HS I I II 11 V 113UV1111 V o7 II \ I (96/t0) au1] Ja}DX y611i UDDN a}owlxoaddV ad3H>i? o z II OISOdO?Jd L4 ? Q I 'o I o U - Ln I „V„ 1NIOd ° `- 1 - II ???lrQ I, y??7 gal d IS I C99 I I A l_I 61NV-1-1- 1M II „0„ 1NIOd P5 I I I ? ??° I I I I 1 I I I I I co I I 0 I I ^ I Lo I ? ? I I 01 1 I I w I I . I I II 0 I saa?y S l' L _ I o, I I to z I I_j,bS 0 [0`6-b I I I ? `° 6 t-? 00 7 I 1 ?I j r I I 10 1 1 f CD ? I 1NIOd a31NJNnNOW NON = p I I o 3d1d 1\10?11 ONIISIX3 = 0 o J.ONIOd IN11N19VNdW ` I3 Jb Id1Sd00 = VNV3 t I t 11\13HISd3 ?,llilln = in l ]NA ONIa-lino NnhINIW = ]OW I I I ANI-1 (\J31.N30 = -b )\dM -J0 11-19Id = M/N I I I II II aN3O3-I I I I I I I ' VI /J -8W 0?, 7-1c?y??L//C? . 8? 3n 0, Sr ?0 gad \ ? zs? ? 9 1.01 I? II I I I I i II II II II I II II II I I II II II I II II L 10l I I" `D A i. J 1 13 Z „fl„ 1N10d-„V„ 1N10d (SUNV?LAM) --A30a a?SOdOdd Graven t.ounty YICI,VI7-Y .p ? A 6 A/ i o. ro cw..• u.e ...ra % / I I vn •n, Ar 6..? I O N A l r F O R E 5 b ?1 Tcc h I. v fi 3 J ?y `^ o ,.J N 'J U T? 1? 7.3 a l? 1- 40 'L 2 s a /d O. J CI 4 7 T O ?J ? a a- c Z ? s 2 c 3 ?, o d cti.. a 3 9C e; C 'Q0 d 3 ? I 3 ? I-J,4M J v ? O K C -v S ? I T "o .9 n ? M / a o 3 ?r ? 1 O A ? ?S ?u 1 r K J e.. (lU a LL ?• a 2 1-4 9 A iL J 4 3 Q r c a Q ? C 3 0 ,` C ? J Q zjj ?_. O Ilj !I 00 v a L n v V z .4 i J a V A S a 4. ac° 4q I I lE- ? J a ?o V 'V Yo r K T? d o ?l ? I a C' 2 2 3h L N1 ??,? d 0 M a 0 ? ?J OI M Q ?I 0 -Al ? n o ?L 2 ?y A ° o 9 iL X V14- w o. _ ? J 4 3 w kL A N Z of O J tU 3 } ? ? o J ' )L O t_ Tq N, -100:J- 9n7D <----:;?--_ C Lu 6 rVo oT CA k-w K 3 ?J y A r? M R ?p o ? J J ` ?J ? r+ v 3 REPLY TO - ATTENTION OF Regulatory Division Action ID No. 199811808 Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health, and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Dear Mr. Dorney: Please reference the application of Phillip V. Wynn for Department of the Army (DA) authorization and a State Water Quality Certification to construct a bulkhead and place fill material within wetlands, on property located off State Road 1713, adjacent to Clubfoot Creek, in the Moorings Subdivision, near the Community of Blades, in Craven County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorizing the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification is required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. In accordance with our administrative regulations, in most cases, 60 days after receipt of a request for certification is a reasonable time for State action. Therefore, if you have not acted on the request, or asked for an extension of time, by September 28, 1998, the District Engineer will deem that waiver has occurred. DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 July 28, 1998 50" D -2- Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, Regulatory Division, telephone (252) 975-1616, extension 23. Sincerely, "4AA Raleigh Bland, P.W.S. Regulatory Project Manager Copies Furnished: Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687