Loading...
HomeMy WebLinkAbout20000791 Ver 1_COMPLETE FILE_20000616°r State 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 11?17 D E N R August 21, 2000 DWQ# 00-0791 Perquimans County Joseph A. Roome Marina Villa 3A Hertford, NC, 27944 APPROVAL of 401 Water Quality Certification Dear Mr. Roome: You have our approval, in accordance with the attached conditions, to place fill in 0..08 acre of wetlands in order to place a new bulkhead, pier and gazebo platform on your property in Dare County, as you described in your application dated 16 June 2000. After reviewing your application, we have determined that this work is covered by General Water Quality Certification Number 3274. This Certification allows you to use your CAMA Permit when the NC Division of Coastal Management 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 Watershed regulations. Also this approval will expire when the accompanying 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 919-733-9646. Sincerely, ';r? -?? Kerr T. Stevens Non-Discharge Branch • 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper Attachment cc: Corps of Engineers Washington Field Office Washington DWQ Regional Office Doug Huggett, DCM File Copy Central Files Edward T. Hyman, Jr., P.O. Box 2174, Elizabeth City, NC, 27906 1 000791 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS Washington Regulatory Field Office P.O. Box 1000 Washington, North Carolina 27889-1000 IN REPLY REFER TO ? August 11, 2000 Regulatory Division Action ID No. 200011214 and State Permit No. 120-00 Joseph A. Roome M,nrina Villa 3A, Hertford, North Carolina 27944 Dear Mr. Roome: Reference your revised application and plans for a Department of the Army (DA) permit to place fill material within freshwater wetlands and construct a bulkhead and a pier, on property located at Lot 40 of the Albemarle Plantation Subdivision, at the terminus of Yeopim Creek Drive, adjacent to Franks Creek and Yeopim Creek, in Perquimans County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of General Permit No. 198000291. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the approved plan. Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Field Office, Regulatory Division, telephone (252) 975-1616, extension 23. Sincerely, Y? Raleigh and, P.W.S. Regulatory Project Manager -2- ?, 1 6 2000 r w - =• - CROUP""" Copies Furnished: 11<YSECT?? f Mr. John Dorney Division of Environmental Management North Carolina Department of Environment and Natural Resources 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Mr. William L. Cox, Chief Wetlands Section - Region IV Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638 Mr. Garland B. Pardue U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. Ted Sampson, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 US 17 South Elizabeth City, North Carolina 27909 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT -4441tt°*. HUNT JR. t 'oevLIfNOR June 12, 2000 JL JUN I F FS "' " BILL HOLMAN WATER MIT! Ii .,«.- ?SECRETARY MEMORANDUM: IDMOSPITT TO: John R. Dorney, Environmental Biological Supervisor Division of Water Quality FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Joseph A. Roome Project Location: Lot 40 Yeopim Creek Drive, Albemarle Plantation in Perquimans County adjacent to Yeopim Creek Proposed Project: Construction of a pier, gazebo platform, a bulkhead and fill 404 wetlands Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 3, 2000. If you have any questions regarding the proposed project, please contact Dennis W. Hawthorn at (252) 264-3901. When appropriate, in- depth comments with supporting data is requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED DATE ? ? ELIZABETH CITY REGIONAL OFFICE .,. yr. k?. 1367 US 17 SOUTH, ELIZABETH CITY, NC 27909 PHONE: 252-264-3901 FAX: 252-264-3723 A° AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - SOryo RECYCLED / 10% POST-CONSUMER PAPER DENR TOLL FREE HOTLINE: 1-877-623-6748 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Joseph A. Roome 2. LOCATION OF PROJECT SITE: Lot 40, Yeopim Creek Drive, Albemarle Plantation, Perquimans County, Yeopim Creek Photo Index - 1995:156-1607, 0-15 1989: 115-5, H-9 State Plane Coordinates, X: 2764800 Y: 861000 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - Feb. 28. 2000: May 30, 2000 Was Applicant Present - Yes / No 5. PROCESSING PROCEDURE: Application Received Complete - May 19, 2000 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Perquimans Counn, Land Classification From LUP - Conservation (B) AEC(s ? Involved: Public Trusi. (C) Water Dependent: yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - SFR under construction Planned - none (F) Type of Structures: Existing - SFR under construction Planned - (G) Estimated Annual Rate of Erosion: 1.0 ft. Source - Applicant HABITAT IMPACT DESCRIPTION: [AREA] EXCAVATED FILLED SHADED (A) Vegetated Wetlands ( 3.484 sf.(0.08 A.) 1360 sf. (0.008 A.) (B) Public Trust Area/Shallow Water Habitat 880 sf. (0.02 A.) (C) Upland (D) Total Area Disturbed: 4.724 sf. (0.108 acre) (E) Primary Nursery Area: No (F) Water Classification: SC . closed to shellfish harvest 8. PROJECT SUMMARY: This project involves the construction of a pier and gazebo platform, bulkhead shoreline stabilization and the filling of US Army Corps of Engineers jurisdictional wetlands along Franks Creek. Joseph A. Roome, Perquimans, County FIELD INVESTIGATION REPORT Page 2 Site Description The proposal site is located on lot 1140 in Albemarle Plantation at the end of Yeopim Creek Drive near the intersection of Franks and Yeopim Creeks in Perquimans County. As is the case with this site, most of the shoreline of Franks Creek has a wetland fringe near or at the NWL. The proposal site is a pie shaped 1.5 acre lot which includes approximately 350 ft. of natural shoreline. Approximately 0.7 of an acre of the site has been delineated as freshwater wetlands by the US Army Corps of Engineers. The shoreline and wetland areas are vegetated in an over-story of cypress, red maple, sweet gum and tupelo gum and an under- story of ivor, wax myrtle and green ash. Ground cover and emergents include iris, lizard's tai 1 and arrowhead. Approximately one-half of the shoreline of this lot is vegetated in freshwater wetland species. Both sides of this lot slope off to freshwater wetland areas to the north and south. The lot elevation ranges from NWL to about 10 ft. above the NWL. The upland portion of the tract is vegetated in upland grasses. various hardwoods and loblolly pine. A single family residential home is currently under construction on the site. The shorelines of both adjacent lots are natural and not stabilized with any hardened structures. The waters of Franks Creek are not open to commercial shellfish harvest and are classified as Inland Waters by the North Carolina Marine Fisheries and Wildlife Resources Commissions. These waters also are designated by the Coastal Resources Commission as Public Trust Area. Franks Creek is noted as a spawning area for anadromous fish species. Franks Creek is a tributary to Yeopim Creek and is approximately 500 ft. wide in the vicinity of this proposal. The applicant reports that the water depths in this vicinity of Franks Creek are -4.0 ft. at a point 100 ft. waterward of the NWL. Other piers currently exist in the vicinity of this proposal and extend 20 to 30 ft. beyond the NWL. Project Propml This proposal concerns the construction of 275 feet of bulkhead shoreline stabilization and an 80 foot by 6 foot pier with a 20 foot by 20 foot platform. The proposed platform also includes an 144 sf. gazebo and associated mooring piles for two slips. This project also includes the filling of 0.08 of an acre of freshwater wetlands along the shoreline of Franks Creek. The applicant proposes to construct a bulkhead shoreline stabilization structure along the NWL, as well as an elevated walkway, pier and platform with a gazebo and two mooring slips. The proposed bulkhead will be constructed of treated wood and extend between three and five ft. in elevation height above the NWL. The proposed bulkhead alignment will approximate the NWL with a 2 ft. maximum alignment. The proposed pier will include a six ft. wide elevated walkway across a 60 ft. wide wetland area and extend 80 ft. into Franks Creek. The pier structure will be 6 ft. in width and include a 20 ft. by 20 ft. platform at the end of the pier with a 16 ft. by 20 ft. mooring slip on both sides of the platform. The platform will also include a 12 ft. diameter gazebo centered on the platform. Joseph A. Roome, Perquimans, County FIELD INVESTIGATION REPORT Page 3 This project also involves the placement of 322 cy. of fill over 0.08 of an acre of US Army Corps of Engineers jurisdictional wetlands adjacent to and landward of the waters of Franks Creek and the proposed bulkhead alignment. This fill will be brought to the site from an upland source. Anticipated Impacts The proposed bulkhead alignment location will approximate the NWL and the structure will result in the placement of little or no fill in the adjacent shallow water habitat; however. the bulkhead backfill area, along with the applicant's proposal to fill adjacent and landward wetlands not direcoy ated to the bulkhead backfill area. would result in the filling of 0.08 of an acre Qf"freshwater`*etlands. This filling activity would remove that associated area of habitat and flood capacity along Franks Creek. The proposed shoreline stabilization and filling activity will result in an increase in turbidity levels along this portion of Franks Creek. The placement of a bulkhead structure along this shoreline will probably result in alteration of the shallow water habitat bottom adiacent to the bulkhead alignment. The placement of a bulkhead structure at this site will also increase erosion potential on the neighboring riparian lots. The proposed walkway, pier and platform will result in shading of 360 sf. of freshwater wetlands and 880 sf. of shallow water habitat and Public Trust Area. The proposed pier and slips will not extend beyond the one-fourth width cif Franks Creek. Since few piers exist in this vicinity of Franks Creek. the placement of this structure may present some increase in navigational hazards to boaters. skiers and watermen. However. it is not anticipated that this would result in anv significant adverse impact and the use of hazard or structure markinc indicators could reduce this nsk. There are no proposed impervious surfaces within 30 feet o f the NWL. Submitted By: Dennis W. Hawthorn Date: June 9, 2000 Form DCM-N I 1. APPLICANT APPLICATION (To be completed by all applicants) a. Landowner: Name A. ZOo me Address M' el M'A' y I LLAr -:?>A C:rv AEK-Fr-OeD State KI G 4-4 Day Phone V5 'Z-4Z(-4:' 1301 Fax '5411 A6 Authorized Agent: Name _EPWAP-D T 0YMA ), V e--dress C;rv aLY[.AG7q{ ? GriState f\1- C,. CZ5Z) Zip 2790& Day Phone Fax Z5Z 338 SSS Z c. Project name (if any) NOS N07F: Permit will be usued in name oflandownerls), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County PeW U I MA M > City, town, community or landmark LDT- 40ser-)( 1-SemAeLt?:- _.PLA &rl?:+7'I01'J Street address or secondary road number LOT 40 ?,JEOP(m c¢Eeir- PMLt Is proposed work within city limits or planning jurisdiction? Yes _V'?- No Name of body of water nearest project (e.g. river, cre`k, sound, bay) HZAnt?I- CV-EcK. . yeoP(m eeeeK- 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development act i> es you propose te.g. building a home, motel, marina, b d, pier, and exzavanon and/or tilling activities Fit-1- 404- WETLAWO 1/t W1T k Il1ATlt?+c tau ?T l4 , CI?uStTtcX.T ?+G N£4 D OA-) C r7A LjAj'e t wrtN ZE (?rJ L401- W MR STIMC0 CamPLC E AT- THt';:, Tlyne b. Is the proposed activity maintenance of an existing project, new work, or both? M ew UJOek? Will the pro.ect be for public, private or commercial use? RlkfATE 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. lb '5TABILCZE 5fWC-Uk)e Wrrt? (f0" STCt)M0&) OF a tiy>ooe'rJ &XX-fi q W(T?J Q Z F (> CA MA I?Y?I FSPC-1- SP.OW AJ eAJ FELL, WETLAND t a+k PAT100V W(VE peeWArr 14 TNEA1 CoA)5T?uc-T FIET- To -MR" TINco ACce'55 7- LOIF Revised 43/95 Form DCM-MP-1 m. Describe existing wastewater treatment facilities. 4. LAND AND WATER S s WraQ S V SriFM rG FF'5t TE ?) CHARACTERISTICS a. Size of entire tract So AeA7t?S n. Describe location and type of discharges to waters of the state.' (For example, surface runoff, sanitary b. Size of individual lot(s) OUDIU wastewater, industrial/commercial effluent, "wash down" and residential discharges.) c. Approximate elevation of tract above MHW or NWL c ? 5T DO M A7 EP P-L) ?J OF F ODOT m Tt) (D TQaL"A WAS-S, AlZ£A s kb Cc e^i d. Soil type(s) and texturets) of tract o. Describe existing drinking water supply sours;. __ 6A00r-e SALT LOAM Ft_milrrl"J5 Ctx)MT`( WA-taZ ?Q ST'k:_- rV Vegetation on tract WCaZ;)E[--> '-ian-made features now on tra.:: E` C V JIO EQ cc) SJ -lam :. ADDITIONAL L\-FORIN ATION What 1s the CA.tiiA Land Use Plan land cLissincation In A,.uuuon to ttte c omnleted application form, the foiloww.g of the site? (Gmn LA, locni lava use pion-) items must be suDmined: C l T onserti2non rambona Developed CommuILN V Of the deed (w7II1 state appilcatlOn only) Or otnef ? 0 -k Rural ?a5lp ?1ALOther strai=t 11w r which the applicant zinims title to the L=iected properties. If the applicant is not claiming to be n. How is the tract zoned by local government' me owner of said propern•, then forward a cope of the U0 /J42? .lead or other instrument under which the owner claims utle, plus written permission from the owner to ;am L Is the proposed project consistent with the applicable out the project. zoning? V Yes No iAnach zoning congWan" cemfim e. ,f applicable) • An aaninte, dated work pl= (including plan view and ands-sectional drawings) drawn to scale in black ink on j. Has a professional archaeolo>:ical assessment been an 8 1/2" by 11" white paper. (Refer to Coastal done for the tract? Yes V" No Resources Comma ion Rule WM_03 for a derailed If yes, by whom? description.) 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? ZYes No ? Coastal (marsh) Other 40 If yes, has a delineation been conducted? YE S (Attach documentation, if available) 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 site. Include highway or secondary road (SR) numbers, Form DCM-MP-1 landmarks, and the like. • A Stormwater Certification, if one is necessary. • A list of the names and complete addresses of the adjacent waterfront (riparian) landowner., and sighed 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 appiicant further certifies that such notice has been provided. 'vame ?ETEE- C?DC?K? --k idress 3S UMZ rweL C=E HEe mow,'--C Phone ZSM 4ZCo- 314-9 Z7g44 Name *ALE POt-t.ARD,Jr7 Address C4o-z-,15 CsTTER-E5&W kAV Phone GI IJG L)#JATD 0A , 4SZ4.1 Name Address Phone • A list of previous state or federal permits issue;: for work on the project tract.. lnciude permit numoers. pertntner, and issuing dates. kb?i • 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 suite and fete ai review, azencies to enter on the aforementioned lances :n connection with evaiuating information retated w ttus permit application and follow-up monitoring of the projec:_ I further .:ertify that the information provided in this application is truthful w the best of my knowiezge. This is the 9 day of 3 Apdo Print Name To S E e t-i A. ? `o o t-% t Signature NJ C2 or AAawnze,d Agent Please indicate attachments pertaining to your proposed project. V1 DCM MP-2 DCM MP-3 L DCM MP-4 DCM MP-5 DCM MP-b Excavation and Fill Information Upland Development Structures Information Bridges and Culverts Marina Development NOTE. Please sign and dare each anaehment in the space provided at the bonom of each form. Reed ll3/9S Form DCM-MP-2 EXCAVATION AND FILL Except bridges and culverts) kttach this form to Joint Application for CAMA Major 'ermit, Form DCM-MP-1. Be sure to complete all other 4:dons of the Joint Application that relate to this proposed )roject. )cscribe below the purpose of proposed excavation or till activities. All values to be given in feet. 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards h. Type of material to be excavated Acrzss channel MLwi it (NWL) anal Average final i stn %4'idtb Lin-Amy FTWCL3 L*Mb Death i Does the area to be excavated include coastal wetlands (marsh). suomergcd aquatic vegetation SA Vs) or other wetlands.' ---. Yes -_- `() Highground excavation in cubic vards Boat basin Boat rdmr) Rock groin Rock breakwater Other (Excluding shorrlim I I - 4D fi ? 100 A?? 1,C) A?E +3,0 stabilization) +04- Flu, 4W V; ?ka? i<) '_. DISPOSAL OF EXCAVATED MATERIAL .i. Location of disposal area b. Dimensions of disposal arcs c. Do you claim title to disposal area'? Yes No If no, attach a lener granting permission from the owner. d. Will a disposal area be available for future maintenance'? Yes No If yes, where? 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 Revised 031" S. SHORELINE STABILIZATION Type f shoreline stabilization Bulkhead Riprap Length Z 7 S Average ctictancx wacerward Pf lVI `. n or NW L Maximum distance wate and of MHW or NWj / 2,- + Shoreline erosion)uring preceding 12 months t I . o0 ,,S Tcr ,i uuurnsauun, ?JTIIMATIpti b. Will fill material be placed in coastal wetlands (marsh , SAVs or other wetlands? Yes No If yes, 1 (1) Dimensions of fill area -t 6a0 X 110 CEE SAeeT t or 3 Pt=wL_) (2) Purpose of till f7tt-a- 4.04- WET LA+up wRtr NA-toN wlps Parn?r I4 5. GENERAL a. How will excavated or till material be kept on site and erosion controlled? AU_ DiSTu 2t3?p A¢eAS f?tLA_ Vxe- YkZZAkEED A4j0 ::5i LT Fc?okxCS LOLL- tSE LlweO A S U ' D Wt LL- i Al SHEET FO_ Zy" 00 CDLV_p?UTtt D CNAtt hd--), What type of constrscuon equipment will De used Type of buikneau or rip rap tuatcrtai -54 LT TQytT?O . for exampic, dra-tine. backhoe, or avdrauiic Luwn??- srcdgc. Amount of fill in cubic yards to be placed below water Icvc (1) Riprap i'_) Bulkhead backtill _ Type cr till material Suarez of fill material ALBFJ ELF aw T/44V trCe-C BILE . OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) Will till material be brought to site'? V Yes No If yes, (1) Amount of material to be placed in the water . (2) Dimensions of fi 1 area $ S cJatc. ?1pS . SA C AS (3 (2j) ABOVE (3) Purpose of till SACL-- ELt- gcALIL W-AP Will wcdands be crossed in trap ring cuutpment to project site! 1'es _2C- No if yes, explain stews that will tic Lai = to lessen environmentai unpac:s. EP f4 Zr,? NA F-7 Appikant or Project Name Signature '3?t? ?t1O Date ;erised 03/95 Form DCM-MP-4 STRUCTURES (Construction within Public Trust Areas) 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 which relate to this proposed project. Dock(s) and )r Pie s) '/ (1) _ Commercial -Community !' Private (2) Number (3) Length OCR (4) Width (o (5) Finger Piers Yes ? No i Number (ii) Length (iii) Width (6) Platform(s) ? Yes No (i) Number 1 (ii) Length Zc?) (iii) Width (7) Number of slips proposed (8) Proximity of structure to adjacent riparian property lines f 51 (9) Width of water bodv GOC (10) Water depth at waterward end of pier at MLW or NWL t 4.00 b. athouse (including co=----S lift(1) Co Privat e (2) Len 'idth c. Gfokje.g. wood, sheetp .) (1) Nu (2) (s) d. &4#water (e.g. wood, sheetp (1) -b th (2) Avera i e from MNW, NWL or wetl (3) aximum distance HW, NWL or 11-1 wetlands e. ring buoys (1) Commercial n?ty _ Private (2) Numbe (3) Descr* ' no 0 or, inscription, stz , chor, etc.) (4) W( water (5) Distance s1 w be placed beyond ine Mooring structure (boatlift oorin ilings c.) (1) _ Commercial -Community private (2) Number z (3) Length ZO (4) Width I 4P f g. Other (Gw cornp4u dercrymm) Jo s F-P-1 Q - 9Cc)?M E Appikant or Project Name O. signal 3 ? 3 ao Date r- ReAwd 03195 DWQ ID: CORPS ACTION ID: NATIONWIDE 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). SEVEN (7) COPIES MUST BE SENT TO THE NC DIVISION OF WATER QUALITY. ATTN: JOFPi DOR-N-EY. 4401 REEDY CREEK ROAD. RALEIGH. NC 27607. PLEASE PRINT OR TYPE. 1. OWNER'S NAME: JbsEAq A. RAE 2. Ntka-I G ADD,RE/S/S: /`?/NQ OzL 34 ?= CX-? /V 4: 27944 SUBDIVISION NAME A4&eF'V9e167 ??A/4r41M1 CITY: !1? TAn-W ST ATE: ?f l- ?f • ZIP CODE: Z 794-4 PROJEC", LOCATION ADDRESS, -rNCLUDLNG SUBD571SION NAME t`IF DIFFERENT FROM MAILING ADDRESS ABOVE): LOT 40 6EC770A1 Z AL.BFJI?4P.LE ?A4lT???? 3. TELEPHONE NUMBER (HOME) ZSZ- 4710- l3cfWORK) 4. IF APPLICABLE: AGENTS NAME OR RESPONSIBLE CORPORATE OFFICIAL. ADDRESS. PHONE NUMBER: r T E.T- MMW ? {JIUcp F-C) C - goy z I i4 zsz - s - -Z C) ?uZ4?T? Cn-1, Q-C - Z79? 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): '' II COUNTY: fiQQ VIMRu 5 - NEAREST TOWN: PeZTF0- 4o _1LCetY A?_LE RA0TAll0rJ COMMWIT\1 SPECIFIC LOCATION (INCLUDE R, D NUMBERS, LANDMARKS, ECT.) loT p S?GTio?J ?( AQL?. t wTATroA) SbF- A-Tu .Nrp i _A7 IMPACTED OR NEAREST STRI :.,.NVRIVER: RIVER BASIN: p1 m 7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA), HIGH QUALITY WATERS (HQW), C? ?STANDING RESOURSE WATERS (ORW), WATER SUPPLY (WS-I OR WS-II)? YES ( j NO ( ? IF YES, EXPLAIN: CLASS SC 7b. IS THE PROJECT LOCATED ItTi rZN A NORTH CAROLINA DIVISI OF COASTAL MANAGEMENT AREA OF ENVIRONaN7AL CONCERN (AEC)? YES (V ) NO ( ) 7c. IF THE PROJECT IS LOCATED ?kTi HIN A COASTAL COUNTY (SEEPAGE 7 FOR LIST OF COASTAL COUNTIES), WHAT IS -rHZ- LAND USE PLAN (LUP) DESIGNATION? A L- 8a. HAVE ANY SECTION 404 PER?IITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROJECT? YES ( ) NO ( V) IF Y: S, PROVIDE ACTION I-D. NUMBER OF PREVIOUS PERMIT AIND ANY ADDITIONAL 2-FORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): 8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES (V) NO ( ) IF YES. DESCRIBE ANTICIPATED WORK: E- CAm10- Fpm tt' Dm- m Pt- A RR-VATloAJ - M P Z FILL- ?Bac? Fic.?. ?cxa) DcM- M P4 Ft ER. 9a. ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: 1, SO AUF- `,? 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: ©, Co7 ACAZ S 10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: 0.08 EXCAVATION: X FLOODING. r \ OTHER : Y, DRAINAGE : TOTAL ACRES TO BE IMPACTED: O. OB b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF REL . PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION: / LENGTH BEFORE: IU WIDTH BEFORE (based on normal hi AVERAGE DEPTH BEFORE: Z) STREAM CHANNEL IIv OPEN C.tiANNEL. rT T:ON VA -LION 11. DRALNLNG TO THE POND ACE AREA? A POND IS PROPOSED, OF THE WATERSHED WHAT IS THE EXPECTED 12. OISCI'IPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED? (ATTACH PLANS; 811'1 BY 11 DRAWINGS ONLY) To f1L_L We-LAND Fac.CL:T 0,06 AC.ZE W rrl+ 'rruccCO Itit FILE fdATE 1AL( Sg?Lu+Qom!M 1<) AM0 &Ce- F14,,- -TO ;%9660 ,8u o A rr y O-! D AC- OF k45 6 Gw Z-Crr Iviu- P6'"AMJ omols'TJea-w-v 13. PURPOSE OF PROPOSED WORK: STA S1 VZe S+IoQE L Je WE* SOCY fll t_ VIIETLAK)M f!6-[W EEk) 14k&H690 MCI t' FUC- - LAIJO SCAPE .4- SEED sT??t AZGAS 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS (INCLUDE ANY MEASURES TAKEN TO MR41N ZE WETLAND IMPACTS) TO Et.1.lo'? p, OEj -rarz use of F?xpezrINVOLVeD AfJD '[b Y1??E1uT E-eoStOtJ OF S44or-eU AJC contours): FT FT WILL RESULT FROM: ( ALL THAT APPLY) ?LAMMFT1T OF PIPE IN CIiANIv 000NSTRUC7ION OF A DAMIFLOODING: QUIRED TO CONTACT THE US FISH AND WILD NATIONAL PRESENCE OF ANY FEDERALY LISTED OR PROPOSED F ENDANG l CRITICAL THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED DATE CONTACTED; 16. YO STATE HIcMil Tr' r"' ATION OFFICER TO CONTACT 7PR (SHPO) REGARDING ORIC PROPERTIES IN THE PERMIT AREA WHICH MAY $ BY THE POS rnirr , r-,?,, 17. DOES THE PROJECT INVOLVE AN EXPENDITL OF PUBLIC FUNDS OT THE USE OF PUBLIC (STATE) LAND? YES( ) NO (V) (IF NO, GO TO-ii?rf $ a. IF YES. DOES THE PROJECT REQUIRE 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 REFIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES ( ) NO ( ) IF ANSWER 17b IS YES. THEN SUBMIT APPROPRIATE DOCTUNENTATIONFROM 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, RAT UGH, :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. a. WETLAND DELINEATION MAP SHOWING ALI: WETLANDS, STREAMS, LAKES, AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 18, 21.26, 29, AND 38). ALL STREAM (INTERMITTENT AND PERMANEM? ON THE PROPERTY 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 IIvIPACTED 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. c. WHAT IS LAND USE OF SURROUNDING PROPOERTY? IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? C eNTRA l_ isc_-w EQ- S I-I STe^ 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 MANAGEMMNT STATING THE PROPOSED ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM. v-- a",,, s 19 1 Lm 0 'S/A N7 S SIGNATURE OA 1 (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED). r w e :J o? r 1-:1'. I ? d ^ M \ T_- - 17 1 11 ' i+ I IJ2 YII H HI .... 1? fill lipill 1 1 111pi , ; 1 .....?..... s? T I co • m V Ip In m o co t!! ? -4 0 GO A C) tY>>4 ?`? ?3Z 4- ' . SHEET 1 OF 3 C.A.M.A. AND 404 PERMIT FOR c JOSEPH A. ROOME AND WIFE MARY E. ROOME BETHEL TOWNSHIP VICINITY MAP PERQUIMANS COUNTY, NORTH CAROLINA SCALE 1' - 60' REVISED : MARCH 213. 92000 BEING ALL OF LOT 40, ALBEMARLE PLANTATION, SECTION X, AS RECORDED IN P.C. 2. SL. 57. FRANKS CREEK L/NE TABLE LINE DIRE 700 STAN L 1 S 05195 06 W J6. J9 L? S 11 U12J £ 4.185 J S 4029'X- W 14.00- 14 171871, t S 45'4031- W it. L6 440 J? W ? L7 E N 41W 1 L W xl;T7 20' x 20' DOCA' 500 00' r0 ?• rAR 9'D£ OIc CREEK DOCKING PJL /LAG „ I 10000' 14 A. I 2 i PROPOSED 12' CAI£BO ?I iB LJ CC 15 L S 117527" W 125-00'-" AA EIP. ? CROSS .SECnCW C C 1 6.0 ' PIER J CROSS SMAIM A A v%.- L6 A --,.--%17 PROPOSED 1 L 8 N£w BUL KNEAD 1 OD 8.67''-- PROPOSED FILL AREA 008 AMS , A C. O. £ AREA ?/- J?? cu YDS. FILL 44M PW NOT Td , J q / ' VIL.1 rp Pt C / M / l or t I : 4' 411 .4. I . tor JB ?• `^ 1 hA? ?`?%?p All G P£1£R GOECK£ N - ,fib % ? 1? all v VI : to n E/P,•? t? O ? A 107 41 ' GALE POLLARD sip OQ?- £. I. P. (L NOrE V PROPOSED BL/LKH£AD FROM AA' ro 'aB S / P. 46" J' ABOVE NOPMAL WA IM L EWI Lot - PROPOSED BULKWAD rROW '9B' r0 CC' 39 ?I O 4' A190W NORMAL WAI£R LEVEL PROPOSED BUMHEAD rRCW 'CC' to "Do' 5' ABOVE' NORMAL WA MR LEVEL I, EDWARD T. HYMAN, JR. CERTIFY THAT THIS PLAT WAS DRAWN FROM AN ACTUAL FIELD LAND SURVEY MADE ? UNDER MY SUPERVISION; THAT THE DEED DESCRIPTION FOR SAID PROPERTY IS RECORDED IN D. B. P. THAT THE ERROR OF CLDSURE IS 1:10.000+ ; THAT THIS MAP WAS PREPARED IN ACCORDANCE WITH BOAS,?I?,,," 6 RULES, WITNESS MY ORIGINAL SIGNATURE, REC. NUMBER AND SEAL THIS 13 DAY OF MARCH, 2000. CA Ap NOTE: THIS PROPERTY IS LOCATED IN FLOOD HAZARD ZONE SEE MAP EDWARD T LAYMAN, JR. R.L. .:L- 'j'9 9 t1r LOWEST FLOOR ELEVATION - N/A N.C.V 0 PO BOX 2174 = SEAL r CRADE ELEVATION - N/A N C V 0 ELIZABETH CITY, N C. 27906-3Gtr-(9t%j?" 291 $' Nk d V i w 3,2"d N/ OION 01 03J?SIO 7708 ONV 36OV1171 000* IV 0-717ddV 39 77YH6 H.77nn 3 M011 VO17ddY 01 MOW o.7N ;AgnOd .78 Ol SY38V .3,7Y111nS O 3d1lnO3d/ S1 S31 7105 SV 80 .180le/A7 0001 ld .7/V8 V IV 03/7ddv 38 o1 fin' /7 J 4137/W d/3J S/S< 7YNY O l - O l -O l /u sM 1 J OS 0001/111 1W . A0 J/ VH V / r U I// 7/1,Y i ? N ) lYl6 0-70.73S 38 01 r38 r e d131Ynns -MOV187 01 13771/1' NY/Yd/3J 'S Sl d VPv-Sl 190 l J os 0004187 S 3n,7S3d 'f Of' MY - l0 Aviv 1 / OS 0001187 t S.5' YN9 V017AY38 ACHA1100 C 77V.{/9N18dS ..780V/87 00, Nlvbo 3(d d s'11a0-sl 9nY 10 AY/Y -S/ d/rIY 13 os 1001/87 g 3n,9S3J 77V1 If A)lJfUN3,V '1 31 VO ON/l NV 7d *Ynnll c/0 71 Vey 3dlnl X/7Y 11/)(,7311JS ON101-jS NOISOd13 . I"IN//Y Ol 378/SSOd SV A U.200 Sr SV7dV OJISWUS/0 71V 3I/711d/3! ONY 033S A UNYMWd S NV71d A49 NNOA6 SV 0j9-My9 ONV AWO 831d lgnwSA O '+ NY 7d AKI AMONS SV 7VAd/31 M 31 VkYOY /dV Hl M 771J X0 VS r 0188VJ 1131 7/J 77V1 SN/ ONY S)0V9 3U 'OV3HJr7n8 1.9ndlI SN00 l S1 /IYd13d 378K717didV dl3H10 ONV 7YAONddY NY7d N/Y160 I -7 7nG3HJS N011.gn6uSNOj - , AVJJ 08 X33W _ ..._ •- 73437 d/3L rM- 1111111111111 In IBM m 7VnbVN milillill 73137 831 YAI 73137 d131 VAI 7VnbVN 31O8V,00 C 7M&ON 3108V ,00 * OY3/Ui17n8 YO dW OY.7/4.V 7n8 JO dOl I Lli !ImLUN?!! III U W w IMO1106 a133d1.0 73137 dl3l YM lie 7Y/WN 73137 AW YM 7YIYWN 3109V .00 I 7,3137 &n YA1 OV3H.WWW -40 cVJ 7YIYdbN .3100V .00 t OMW 7n8 -io dt01 31VOS V Ol NMV8U ION 13383 SHNV!!! MONJ 03M31A SV QY3H)nne Q3SOdM H013AS 1Id130 3W008 'V Hd3SOf C 30 9 133HS j ? I o I _LT, ,? -LH I ~I? ? pv ? W ? III ? ? I n fY ? I , x J "?? fi !-LH g t W -H I O0 - M a?? I IQ III ID Iii ?g?g ? ? , I I g LU z z ml it -II n L1J O 1. U L?J Ln O I ' bl b ' i W - i ?/ Y?3 (if ?',? o l]) v r' 1.. 4 Z O O LiJ O V) and = CY_ Cl- U 0 LAJ (n O z O m Q U °m ti ?f ,??, _ - _ ?=1I1=111 1_111_11 111=1Ii- El lLE-tl - _III-III- I-1 I i-1 111111 IA I 1=11I III 111 e = _ = = I-t I I-I I IEIE _ -11 I-I ? I- I_-1II-11 _I ? I-I I i- - ?? - - - ----?- =111=11 :I I i=1 11= I=III=11 -III=1 11= 1=1 I 1=1 I _ E I1= h W E=1 11=.11I - 111=111= Q I I1=11I E El I 1=1 I - `° I I 1=1 11= e - 1 I I 1 11 _ _ .III_IIi_ 11 E 111 --- - _ F -I 1=1 I 111_1 I- I I I I i l1 _ _ - ? ? I--1 I I-I t _ _I I I-I I I- 1=1I I-1 1I - _ - 2 I---1I I_I I 111_1 I I- 1-l I 1=1 I I-I I I_ I_I I I-1 I _I i I_I I I- I_I I1_1I III_iII- I-I I I-I I 11-I I I- 1=1 11_1 I 111=11111 1_11 I-I I -1I I_I I I_ I-Ill-I 111=111_ _I=I 11-1 I -III-111 -i I I-I 11_1 I I- '? ? 111111 poo 7q/ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY arA% • A • REGION 4 Sam Nunn Atlanta Federal Center b1 Forsyth Street, S.W. Atlanta, Georgia 30303 - 8960 -? f 0 2000 WR GROUP °'-?--- W U ITY SECTION ,wn so moo Colonel James W. DeLony District Engineer ATTN: Mr. Raleigh Bland Washington Regulatory Field Office Wilmington District, Corps of Engineers P.O. Box 1000 Washington, North Carolina 27889 SUBJ: Joseph A. Roome Action I.D. No. 200011214 Dear Colonel DeLony: This is in response to the above referenced State Field Investigation Report (Report), dated June 19, 2000. According to the Report, the permit application is for the proposed construction of a pier and gazebo platform, bulkhead shoreline stabilization and filling of 0.08 acres. The project area is along Franks Creek, Perquimans County, North Carolina. No mitigation is proposed. The U.S. Environmental Protection Agency (EPA) has reviewed this proposal and sees no evidence that there was any attempt to avoid or minimize the impact generated by the project. Prior to a discharge of fill material into waters of the United States, the 404(b)(1) Guidelines of the Clean Water Act require a sequential evaluation and reduction in impact. By Memorandum of Agreement (MOA) between the U.S. Army Corps of Engineers (Corps) and EPA dated February 6, 1990, this sequencing may be circumvented when the Corps and EPA agree that the proposed discharge is either necessary to avoid environmental harm, or can be reasonably expected to result in environmental gain or insignificant environmental loss. At this point in time, we have not agreed that this project meets these requirements. It appears that there may be other project designs which will not cause such a significant impact to wetlands and waters of the U.S. It is the opinion of EPA that this project, as proposed, may result in substantial and unacceptable impacts to aquatic resources of national importance. This design does not avoid, minimize or compensate for the proposed impacts, and therefore appears contrary to the 404(b)(1) Guidelines of the Clean Water Act (Guidelines). The water classification in the project area is SC, but is closed to shellfishing. Also, the area is determined to be a spawning area for anadromous fishes. These areas and their functions 1v..'Ir 2 are extremely important to North Carolina in terms of water quality, water quantity, commercial and recreational fin- and shellfish production, sediment stabilization, and wildlife habitat and food chain maintenance. EPA is concerned about the potential significant secondary impacts to water quality from this project and the cumulative impacts of docks and other hardened structures along waterways, especially those classified as spawning area. The adjacent properties do not have hardened structures, and EPA has concerns that the authorization of a bulkhead on the subject property may cause erosion on adjacent shorelines and/or encourage adjacent property owners to also request authorization for a bulkhead. EPA does not object to the authorization of a pier and platform, however, we recommend denial of authorization for the bulkhead and fill in wetlands. Further, EPA believes that the - proposed gazebo is not a water-dependent structure, and should not be permitted. Thank you for the opportunity to comment on this project. If you have any questions or comments, please contact Kathy Matthews, of my staff, at (404) 562-9373. Sincerely, William L. Cox, Chief Wetlands Section cc: NCDWQ/DENR, Raleigh NCDCM, Elizabeth City NMFS, Beaufort USFWS, Raleigh v 007q / DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS Washington Regulatory Field Office P.O. Box 1000 Washington, North Carolina 27889-1000 IN REPLY REFER TO June 26, 2000 Regulatory Division Action ID No. 200011214 Joseph A. Roome Marina Villa 3A Hertford, North Carolina 27944 Dear Mr. Roome: On August 5, 1996, we renewed General Permit No. 198000291 (copy enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received June 14, 2000, for Department of the Army (DA) authorization to place fill material within freshwater wetlands and construct a bulkhead and a pier, on property located at Lot 40 of the Albemarle Plantation Subdivision, at the terminus of Yeopim Creek Drive, adjacent to Franks Creek and Yeopim Creek, in Perquimans County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State-Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. Only after receiving such confirmation should you begin work. Your application, pursuant to Section 10 of the River and Harbor Act and Section 404 of the Clean Water Act, has been assigned Action ID No. 200011214 and will be coordinated by -2- Jl!fY Z t ;%Ch iii J WATER UALITY SECT '. W,- Mr. Raleigh Bland in our Washington Regulatory Field Office. Mr. Bland is available at telephone (252) 975-1616, extension 23. Sincerely, "&4 Raleigh Bland, P.W.S. Regulatory Project Manager Enclosure Copies Furnished (without enclosure): Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638 John Dorney W ter Quality Section ? -V ision of Environmental Management North Carolina Department of Environment and Natural Resources 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Mr. Garland B. Pardue U. S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 -3- Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. William L. Cox, Chief Wetlands Section-Region IV Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Ted Sampson, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 U.S. 17 South Elizabeth City, North Carolina 27909 rl? d 79!, / DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS _ Washington Regulatory Field Office P.O. BOX 1000 Washington, North Carolina 27889-1000 IN REPLY REFER TO June 26, 2000 Regulatory Division Action ID No. 200011214 Mr. John Dorney Division of Environmental Management North Carolina Department of Environment and Natural Resources 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Dear Mr. Dorney: y CJUN 2 8 2000 WETLVDS G .,U"'? WATER UALITY Sf G ? . Please reference the application of Joseph A. Roome for Department of the Army (DA) authorization and a State Water Quality Certification to place fill material within freshwater wetlands and construct a bulkhead and a pier, on property located at Lot 40 of the Albemarle Plantation Subdivision, adjacent to Franks Creek and Yeopim Creek, in Perquimans 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 August 28, 2000, the District Engineer will deem that waiver has occurred. -2- Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, Regulatory Division, telephone (252) 975-1616, extension 23. Sincerely, 4"- q*A Raleigh Bland, P.W.S. Regulatory Project Manager Copies Furnished: Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638