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HomeMy WebLinkAbout20000538 Ver 1_COMPLETE FILE_20000413State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director 1 • • NCDENR- NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES April 24, 2000 Nash County DWQ Project # 000538 APPROVAL of 401 Water Quality Certification and Tar Pamlico Buffer Rules L. Wayne Edwards 470 Melton Bridge Road Enfield, NC 27823 Dear Nr. Edwards: You have our approval, in accordance with the attached conditions, to impact 48 feet of Lane Swamp in Nash County for the purpose of residential construction as you described in your application received by the Division of Water Quality on April 13, 2000. After reviewing your application, we have determined that this action is covered by General Water Quality Certification Number 3103. This Certification allows you to use Nationwide Permit Number 14 when issued by the U.S. Army Corps of Engineers. This approval is also valid for the Tar Pamlico buffer rules (15A NCAC 2B .0259). 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, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 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). This approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General Certification. 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 919-733-9646. Sincerely, J1/1 Kerr T. Stevens Attachment cc: Corps of Engineers Raleigh Field Office Raleigh DWQ Regional Office File Copy Central Files 000538 Division of Water Quality • Non-Discharge Branch 1621 Mail Service Center, Raleigh, NC 27699-1621 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 501/10 recycled/10% post consumer paper http:/fh2o. enr.state.:-,c. ijs/,n/etiandc.htrnl Chamblee & Strickland Land Surveying 123 West Washington Street • P.O. Box 104 Nashville, North Carolina 27856 VAN T. CHAMBLEE, PLS JAMES G. STRICKLAND, PLS PAYMENT RECEIVED LETTER OF TRANSMITTAL DATE: APRIL 12, 2000 TO: JOHN DORNEY FROM: VAN T. CHA-MBLEE, PLS TELEPHONE (252) 459-3838 FACSIMILE (252) 459-1885 000533 APR 13 2000 WETLANDS TER QUAH rY , " 0 RE: LEONARD WAYNE EDWARDS PROPERTY "THE MEADOWS" SUBDIVISION NASH COUNTY FOR YOUR REVIEW AND COMMENTS. `• 0? l ?sur-P PAYMENT ()00538 RECEIVED DWQ ID: CORPS ACTION ID- NATI NWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT 1«) PRE-CONSTRUCTION NOTIFICATION APPLICA` ON FOR NATIONWIDE PERMIT'S THAT REQUIRE: 1) NOTIFICATION TO THE CORPS OF ENGINEERS 2) APPLICATION FOR SECTION 401 CERTIFCATION NDS 6tv 3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAG ALITY ECTi ;a, 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 MUST BE SENT TO THE NC DIVISION OF WATER OUALITY, ATTN: JOHN DORNEY, 4401 REEDY CREEK ROAD, RALEIGH, NC 27607. PLEASE PRINT OR ME. 1. OWNER'S NAME: L ?o •? n e ??. ?q cC 2. MAULING ADDRESS: 4--7 T?P /?eti?Yr?,?s SUBDIVISION NAME CITY: STATE: ZIP CODE: 2 7 `? z 3 PROJECT LOCATION ADDRESS. INCLUDI?G SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): S /5 l6 3. TELEPHONE NUMBER (SOME) -5663 (WORK) Y25,2-- 450-S66? 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE):. II ?/ 1.16, ; ?c e , COUNTY:.,, Ng. 5 - NEAREST TOWN: K lit, L;(?CA?ION (INCLUDE ROAD'NULGERS, LANDMARKS, ECT.) 6. IMPACTED OR NEAREST STREAM/RIVER: ??n e 5_wA RIVER g1: !^ r 7a. - IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT. TIDAL SALTWATER, (SAS HIGH QUALITY WATERS (HQWt OUTSTANDING RESOURSE WATERS (ORW), WATER SUPPLY (WS-1 OR WS-in? YES ( ) NO - (X ) IF YES. EXPLAIN: 7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIROMENTAL CONCERN (AEC)? YES ( ) NO ( X ) 7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? 8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON TEMS PROJECT? YES ( ) NO (><) IF YES. PROVIDE ACTION L. D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): 8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES ( ) NO (y-) IF YES, DESCRIBE ANTICIPATED WORK ga. ESTIINATED TOTAL NUMBERS OP ACMES IN TRACT OF LAND: ? 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 10a. NUMBER OF ACRES OF WETLANDS DdPACTED BY THE PROPOSED PROJECT BY: FILJ. XG.- O EXCAVATION: 0 FLOODING: 0 OTHER DRADLkCZ : '[DOTAL ACRES TO BE IMPACTED: 10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (11F REI OCATED. PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCA71ON: LENGTH BEFORE: - JFT AFTER FT WIDTH BEFORE (based on normal high water contours): 7 FT AVERAGE DEPTH BEFORE: _ PT AFTER Z FT (2) STREAM CHANNEL DeACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL. RELOCATION: PLACEMENT OF PUS IN CHANNEL: CHANNEL EXCAVATION:. X COONSTRUCTION OF A DAMOLOODLNG: OTHER: it IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SEZE OF THE WATERSHED DRAINING TO THE POND? WHAT IS THE EXPECTED POND SURFACE AREA? 12. DISCTIP'TION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED? (ATTACH PLANS; 8112 BY I I DRAWINGS ONLY) le Z?J?s 15 I of Lei , L-:,p er) o "se l '-s4J.'1rj 4 e th "P.Ael 13. PURPOSE OF PROPOSED WORK: , At- < el ,:L r IOr-, ti ?4 01 gc'C) 4` 2j Jd .??'s;ova - 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTTVTTY MUST BE CARRIED OUT IN a7ETi.ANDS-( INCLUDE ANY MEASURES TAKEN TO NUNIMEZE WETLAND IMPACTS) 15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR NATIONAL MARINE FISHERIES SERIVE REGARDING THE PRESENCE OF ANY FEDERALY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: N 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WEVCH Y BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED I . 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OT THE USE OF PUBLIC (STATE) LAND? YES ( ) NO (/, ) (IF NO, GO TO 16) a. IF YES, DOES THE PROJECT REQUIEM PREPERATION OF AN ENVIRONMENTAL DOCUMENT PURUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES( ) NO( ) b. IF YES, HAS THE DOCUMENT BEEN REFMWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES ( ) NO ( ) IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATIONFROM THE STATE CLEARINGHOUSE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT. QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION. 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369. 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF FILL MATERIAL INTO WETLANDS: L WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES. AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21,26, 29, AND 38). ALL STREAM MnMRMIITENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE I INCH EQUALS SO FEET OF I INCH EQUALS 100 FEET OF THEIR EQUIVALENT. b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PRODUCT. c. 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 PROPOERTY? E IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? .D2(" ?Z> g. SIGNED AND DATED AGENT AUTHORIZATION LETTER. IF APPLICABLE. NOTE: WTLANDS OR WATERS OF THE US MAY 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 WATER QUALITY CERTIFICATION, AND 3) (IN THE TWENTY 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, OWNER'S/AG 'S SIGNATURE DATE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED). PAYUENT- RECEIVED w 1 3 2000 0 0 0 5 3 8 0-1,1 ?? ?? S+vuir CORPS ACTION ID: k NATI NWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT *) PRE-CONSTRUCTION NOTIFICATION APPLICATION FOR NATIONWIDE PERMITS THAT REQUIRE: 1) NOTIFICATION TO THE CORPS OF ENGINEERS 2) APPLICATION FOR SECTION 401 CERTIFCATION 3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVE _ (7) COPIES MUST BE SENT TO THE NC DIVISION OF WATER 1. 'OWNER'S NAM : L lla.l n2 ?ot,..c, 2. MAILING ADDRESS: 4-7D /Ile / 4 ,., SUBDIVISIONNAME T?e eA r„.s ,I CITY- STATE: ZI,PCODE: Z79 Z3 PROJECT LOCATION ADDRESS, INCLS?C Tlr SUBDIVISION NAME (IF DIFFERENT FROM MAILJNG ADDRESS ABOVE): 1 S !? ?o(4 *1 3. TELEPHONE NUMBER (HOME)t(;2 -44-5--5663 (WOE y252- 9-5e--6667 4. IF APPLICABLE: AGENTS NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): . COUNTY: l1/?. 5 NEAREST TOWN: 1,.J?, • ?. ke rs. SPECIFIC LOCATION MiCLUDE ROAD'NUbMERS. LANDMARKS. FACT.) 6. IMPACTED OR NEAREST STREAMIRIVE L RIVER BASIN- 7a. - IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT. TIDAL SALTWATER. (SAS HIGH QUALITY WATERS (HQW). OUTSTANDING RESOURSE WATERS (ORW). WATER SUPPLY (WS-1 OR WS-111)? YES ( ) NO . ( X ) IF YES. EXPLAIN: 7b. IS THE PROJECT LOCATED WITHQLA NORTH CAROE24A DIVISION OF COASTAL MANAGEMENT AREA OP ENVIROMER TAL CONCERN (AEG ? YES( ) NO ( X) - . % IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST,OF COASTAL COUNTIES). WHAT TS THE LAND USE PLAN "P) DESIGNATION? 8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON TEIS PROJECT? YES ( ) NO (><) ff YES. PROVIDE ACTION LD. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL DIFORMA77ON (INCLUDE PHOTOCOPY OF 401 CER I WICATION a 8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE P TIURE? YES ( ) NO (X) IF YES. DESCRIBE ANTICIPATED WORK: 9a. ESTII4IATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND' 3 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SrM 10a. NUMBER OF ACRES OF WETLANDS DeACTED BY THE PROPOSED PROJECT BY: F>x.L,II?IG; © EXCAVATION: FLOODWO: O OTHER: DRADIACM d TOTAL ACRES TO BE DOAL-=.- lob. (1) STREAM CHANNEL Tb BE IMPACTED BY THE PROPOSED PROJECT' (IF RII.OCATFD. PROVIDE, DISTANCE BOTH BEFORE AND AREA RELOCATION: LENGTH BEFORE: -FT AFTER: Fr WIDTH BEFORE (based on nofmal high water contours): 7 FT AVERAGE DEPTH BEFORE: 2- Fr AFTER 2 (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: PLACEMENT OF PCB IN CHANNEL: ?._ C CANNEL EXCAVATION: Y, COONSTRUCTION OF A DAM/FLOODING: OTHER: 11. IF CONSTRUCTION OF A POND IS PROPOSED. WHAT IS THE SIZE OF THE WATERSHED DRAWING TO THE POND? WHAT IS THE EXPECTED POND SURFACE AREA? 12. DISCMMON OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECRA_ LAICAL EQUUVAM,4T TO BE USED? (ATTACH PLANS; 8112 BY I I DRAWINGS ONLY) .`ns.'t?5 6"l ??I ??? in prG??nc.s? _? /"i[Sb will.ihGlacCe 1NL Di rD?r? k?e? ? o 6f, rnev.l ?o ?e ?SeG? b ,;ll 5ltincf , ?r?,! 5.?c .di e?h2n 13. PURPOSE OF PROPOSED WORK: , 4 < r D ? ,o c'o ?.xFrX s ?n.?o? ????c 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN VIETL AN?D/S'( INCLUDE ANY MEASURES TAKEN TO MINIIAM WETLAND IMPACTS) l 1? 15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR NATIONAL MARINE FISHERIES SERIVE REGARDING THE PRESENCE OF ANY FEDERALY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: N 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH tAAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED Al. A. 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OT THE USE OF . PUBLIC (STATE) LAND? YES ( ) NO (-/, ) (IF NO, GO TO 16) a. IF YES, DOES THE PROJECT REQUIRE PREPRRATION OF AN ENVIRONMENTAL DOCUMENT PURUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES( ) NO( ) b. IF YES, HAS THE DOCUMENT BEEN REFIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES ( ) NO ( ) IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATIONFROM THE STATE CLEAmGHOUSE WITH THE NORTH CARouNA ENVIRONMENTAL POLICY ACT. QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROL NA DEPARTMENT OF ADMINISTRATION. 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369. 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF FELL MATERIAL INTO WETLANDS: a. WETLAND DELIINEA71ON MAP SHOWING ALL WETLANDS, STREAMS. LAKES, AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21,26, 29, AND 38). ALL STREAM (INTERMTCTENT AND PERMANENT) ON THE MOPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OF 1 INCH EQUALS 100 FEET OF THEIR EQUIVALENT. b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PRODUCT. c. 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. ; a. WHAT IS LAND USE OF SURROUNDING PROPOERTY? r E IF APPLICABLE. WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? le - g. SIGNED AND DATED AGENT AUTHORIZATION LETTER. IF APPLICABLE. NOTE. WTLANDS OR WATERS OF THE US MAY NOT BE DAPACTED PRIOR TO: 1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT. 2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF WATER QUALITY CERTIFICATION. AND 3) (IN THE TWENTY 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. r w / - "A OWNER'S/AG 'S SIGNATURE DATE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED).