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 [phone] FAX # [phone]
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 [phone].
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.))
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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