Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
19990286 Ver 1_COMPLETE FILE_19990404
State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director 46 2 NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES April 6, 1999 Dare County DWQ Project # 990286 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS 124 Carolina Court West P.O. Box 1466 Manteo, N.C. 27954 Dear Mr. Shelton: You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 0.1 acres of wetlands or waters for the purpose of constructing a commercial development at US264 and SRI 100, as you described in your application dated 26 March, 1999. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3106. This certification allows you to use Nationwide Permit Number 18 when the Corps of Engineers issues it. 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 Water shed regulations. 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 except as modified below. If you change your project, you must notify us and you may be required to send us a new application.. If the property is sold, the new owner must be given a copy of this 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) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters to notify the state in order to assure compliance for future wetland and/or water impact. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). 2. An additional condition is that a final, written stormwater plan including a wet detention basin or similarly effective design which uses remaining wetlands on-site for Stormwater Management must be approved by DWQ before wetland (or stream) impacts occur. Also, before any building is occupied at the subject site the stormwater treatment facilities shall be constructed and operational and the stormwater management plan be implemented. 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. 276 1 1-7447. 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. nc ely, Stevens Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DWQ Regional Office John Dorney Central Files Todd St. John 990286.1tr Division of Water Quality • Non-Discharge 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 401 ISSOED OEM ID: CORPS ACTION ID: NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT n): PRE-CONSTRUCTION NOTIFICATION FOR NATIONWIDE PERMITS THAT REQUIRE: APPLICATT/C ?-" 1) NOTIFICATION TO THE CORPS OF ENGINEERS 2) APPLICATION FOR SECTION 401 CERTIFICATION 3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEPENT SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL M-ANAGEMENT (SEE AGENCY ADDRESSES SHEET). PLEASE PRINT. 1. OWNERS NAME : V ?Lv^" es R G? 2. MAILING ADDRESS: I CG r? ?? '? SUBDIVISION NAME: r-+?? ? ?t?tir.s WCJr STATE: l?? C• ZIP CODE: / S C=TY : ? C-,??-0 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): - 2 6 2 (WORK) :2??T 21 3. TELEPHONE NUMBER (HOME) : aS2' 4/ 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: 5. LOCAT PREFERABLY A COPY OF USGS TOPOGRAPHIC- mION OF WORK (PROVIDE A SAP, MAP OR AERIAPHOTOGRAPHY WITH SCALE) : COUNTY: NEAREST TOWN CR CITY: • 1 PECIFTC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.) : 6. IMPACTED OR NEAREST STREAM/RIVER: A°j 4 R='JER BASIN: 7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA) , HIGH QUALITY WATERS (HQW) ! OUTSST_?NJ ING RESOURCE WATERS (0 W) , ??? SUPPLY (WS-I OR WS-II)? YES [V1 NO IF E Sl w N. ,. f.. , / S i"t YJ ??... t 1 c. .S S ?.Q C•G? ?`f O / Y'GGLf •V v 7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISIONp OL CO TAL MANAGEMENT AREA OF ENVIRONMENTAL, CONCERN (AEC) ? YES [ ] 7c. TF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? i' <l ga. HAVE ANY SECTION 40 PERMITS THIS PROPERTY? ?BEEN PREVIOUSLY REQUESTED FOR USE ON O ! YES, PROVIDE ACTION I.D. NUMBER OF Y? YES N [ ] U? PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): 8b. ARE ADDITIONAL PER IREQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES [ ] NO [ F YES, DESCRIBE ANTICIPATED WORK: ga. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 2 10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: 'i //© C,- EXCAVATION: FLOODING: DRAINAGE: OTHER: TOTAL ACRES TO BE IMPACTED : ^?- lv ? (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF l" RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION) LENGTH BEFORE: FT AFTER: FT • rm WIDTH BEFORE (used on normal high water contours): -1 WIDTH AFTER: FT AFTER: FT AVERAGE DEPTH BEFORE: (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN C:=A.NNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING: OTHER: 4 IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE ??TERSHED DRAINING TO THE POND? WHAT IS THE EXPECTED POND SURFACE AREA? 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED (ATTA_CH PLANS: 8 1/2" X 11"?D WINGS ONLY): ra tk,4% / nJ'? 1, u..? t C 'L? ! :n c. t t7 ?c•c? 7?z? C?i? D S 13. PURPOSE OF PROPOSED WORK: "f ?I?? Qt's?nns?tM6e r 3 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OTIT TAI WETLAI?IDS . (INCLUDE AP1Y MEASURES TAKEN TO MINIMIZE WETLAND 15. YOU-'ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AL D/OR NATIONAL ?MARINE FISHERIES SERVICE (NM-FS) (SEE AGENCY -`? ADDRESSES SHEE7ARE.7k ?1G THE.PRESE' ` ANY FEDERALLY LISTED OR POSED FOR LING ENDANGE ° TENED SPECIES OR CRITICAL HABITAT PROIN THE PERMIT ...T_ Y'BE-.AFFECTED BY T:? R02CSED PROJECT. DATE (ATTACH RESPONSES CONTACTED: FROM THESE AGENCIES.) YOU ARE--lZE-QU;-RFE-D--?-G-CONTACT THE S HISTORIC 2R??'SERZIA?I?N?FFICER r?? r_ 16. (SHPO) (SEE AGENCY ?DDS'- -REGARDING THE PRESENCE OF HISTORIC PROPERTIES: -Iat HE PERMIT A W v ?F a r_ED BY THE `PROPOSED PROJECT. DATE CONTA ED:. \J_ DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF "/U LIC (STATE) LAND? YES Cl NO [] (IF NO, GO TO 18) a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF -AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES [] NO II b. IF YES, HAS THE DOCUMENT BEEN REVIE`+vED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE? YES [ ] NO [ ] IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL, MANAGEMENT REGARDING COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT. QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED; TO MS. CHRYS BAGGETT, DIRECTOR STATE LEARINGHOUSE, N RTEIGH, CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET-, NORTH CAROLINA 27003-8003, TELEPHONE (919) 733-0309. a o"oe v,?- U 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLA.NDS : a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAKS, LAKES AND PONDS ON THE PROPERTY (FOR NATICNWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANLEN'T) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS SO FEET OR INCH EQUALS 100 FEET OR THEIR EQUIVALENT. 1. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT. q- IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED. e. WHAT IS LAND USE OF SURROUNDING PROPERTY? ml, ee- 1 ¢.r' f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? L g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE U.S. IMAY NOT BE IMPACTED PRIOR TO: 1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, 2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND 3) ( IN TIi, TT,v-=7TY COASTAL COUNTIES ONLY) , A. LETTER FROM THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM. L NER'S/AGENT'S SIGNATURE (AGENT'S SIGNATURE VA-LID ONLY IF AUTHORIZATION LETTER FROM: THE OWNER IS PROVIDED (18g.)) 5 --oq3-99 DATE Y kms. i w� IF All IF * r '.' w� '; ' tau[ 'a '�Sy'g►��v ,-y- ��i tom_ j"' xJTS 1 r Y ,NG(/ To v V 1110 Mil"' 011 wo '�a` �y�[yy � ��i-�t�+�il1 � elk �B► ;.� i �y:; ` S. • !Y. M ,,. Vii" Yrsw+s€�•!.i 1b.I4"� r`y„ ♦fr �.' .�`i` y '.r� '�"� O I 2 z Z I ? NI I J I I T I w N k • ?' 3 N I co Lr M lf, N 'N n -- 4 LINE BEARING DISTANCE L I N 06'39'S2'E 35.86' DARE COUNTV DR • 1'140 - PG.76,1 N 83166 2 p4 60 tit '.-.'• N,. d '.a JJ \`b r,) o I 35'40 VICINITY MAP tl" .7 m 2- PIPE O.i' FROM MON. p - _ , ]- -.-- DARE COWITY DR 10110- F', . 764 1.4976 AC. 2.5' f \ w U, -q- v? • r> (Y V n CJ ? y 2.9 _ I- IIc.Si. 0 98 . \ N TOP OF MON \ F` - _1Q 2U 'fc1M,a ?Q? 3 ?9 W 9 3O ?) W ?, s l Z CONTROL CORNER `-'? RIW .?- \? ?. N- 727810.281* 03 ..? "" }L.i ?-------- E' 2959299.557' P I N 1697F20097296 ) N'WILDLIFE* FLOOD ZONE: A4 BASE FLOOD 5. 1) N- 727761.392'. REFERENCE MADE TO DB 1144. PG. 608 E- 2959198.235"? PC 'D- - SL 116 DARE (-OUNTY REGISTRY 1. WESLEY M. MEEKINS. JR. CERTIFY THAT UNDER LEGEND MY DIRECTION AND SUPERVISION THIS PLAT WAS 1 POWER POLE DRAWN FROM AN ACTUAL FIELD LAND SURVEY: THAT THE RATIO of PRECISION AS CALCULATED 15 1: 10.000: ¦ EX . CONC. MON. THAT THIS PLAT WAS PREPARED IN ACCORDANCE WITH • EX. IRON PIPE: N.C.A.C. TITLE 21. CHAPTER 56. SECTION .1600. IRON PIPE SET WITNESS MY ORIGINAL SIGNATURE. REGISTRATION NO. kj EXISTING RE-BAR AND SEAL THIS 9th DAY OF JUNE. 1998. -P- POWER LINE / v RAILROAD IRON GC/ WESLEY M. EEKINS. JR. L-1465 SURVEY FUR