20010533 Ver 1_COMPLETE FILE_20010410

O?O? A T ?RQG Michael F. Easley
Governor
?? r William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
0 Kerr T. Stevens
Division of Water Quality
June 5, 2001
DWQ# 01-0533
Cumberland County
Edward C. Van Story
P.O. Box 10
White Oak, NC, 28399
APPROVAL of 401 Water Quality Certification
Dear Mr. Van Story:
You have our approval, in accordance with the attached conditions, to place fill in 0.50 acre of wetlands in order to
construct a single roadway crossings accessing your property in Cumberland County, as described in your application
received by the Division of Water Quality on April 10, 2001. After reviewing your application, we have determined that this
fill is covered by General Water Quality Certification Number 3289. This Certification allows you to use Nationwide Permit
Number 14 when it is issued by the U.S. Army Corps of Engineers. 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. 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 as well as the additional condition listed below:
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,
rr teve
Attachment
cc: Corps of Engineers Wilmington Field Office
Fayetteville DWQ Regional Office
Central Files
File Copy

010533
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
n,n 10, ,-10C /-6---1 n,n - aon-, /{-..\ ?H-.. ?/.. i1 .. ..... ........ .... .../--...-.I .....J..l
Re: Edward Van Story
Subject: Re: Edward Van Story
Date: Tue, 22 May 2001 17:15:57 -0400
From: Ken Averitte <[e-mail]>
Organization: NC Dept. of Environment and Natural Resources
To: Cyndi Karoly <[e-mail]>
Cyndi,
I didn't even think about the IP issue. I think you have the right idea. I
have some doubts about the wetland area (his numbers may be high). It's not
wet all the way from the existing road to the toe of the hill, and I don't
know where he got his numbers. It IS his only way in, though. If he can't
live with a half acre of real wetland fill, he'll just have to go with a
consultant and the IP route. I really don't think a road into this place
would require much elevation, and therefore much of a footprint. If he has
a problem with it, tell him to call me. Otherwise, 1/2 acre should be the
upper limit of the approval. I have a mapping program that shows the entire
length to be about 600 feet (existing DOT road to toe of hill) . If 500
feet are wet, a 40 ft road fill would be <1/2 acre. Did he have a COE
authorization?
If necessary, I can meet him out there again.
thanks
KA
Cyndi Karoly wrote:
> Ken, I wanted to check with you on something. You wanted to limit the
> driveway with on this dude's 401. He didn't provide any decent roadway
> drawings (illustrating the fill area) to begin with. Or a decent
> vicinity map for that matter. But rather than starting another letter
> campaign, especially since you've visited and ok'd already, I was
> wondering if it's ok by you if I write the 401 with an upper limit of
> 0.5 acre of fill. He proposed .75 acre, which would bump it into an IP
> (the limit on NW 14 is .5 acre). So that would get him to minimize his
> impact that way.
1 of 1 5/24/01 4:44 PM
MEMORANDUM
TO: John Dorney Regional Contact: Ken Averitte
Non-Discharge Branch WO Supervisor: Pahl Rawls
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Edward Van Story County Cumberland
Project Number 01 0533 County2
Recvd From APP Region Fayetteville
Received Date 4/10/01 Recvd By Region 4/24/2001
Project Type road crossing
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME_
14 BLH WT-ON F__ 1 S-(26) F-c -_- 30,616. 0.75 F- F_ 0.00

Mitigation Wetland
MitigationType Type Acres Feet

Is Wetland Rating Sheet Attached? Q Y (0 N Did you request more info? Q Y0 N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y pQ N
Is Mitigation required? p Y * N Recommendation: Q Issue0 Issue/Cond O Deny
Provided by Region: Latitude (ddmmss) 345317 Longitude (ddmmss) 784943
Comments:
I met with Mr. VanStory on 2/23/01 to discuss options for access to this land locked property. Advised
him to seek upland alternatives. The site in question is a cut-over wet flat about one-half mile from
the Cape Fear River, on the second terrace. He has since contacted FRO and indicated that he was
unable to secure another way *property and gave reasonable explanations why. The surrounding
land is predominantly forest land. There are no stream impacts. The proposed road would go from
the existing state road straight to the toe of the hill where the family property lies. (He indicates that
this was the only adjacent land owner who would sell him access). Approval should specifically limit
fill to the ROW required for a subdivision access street since it appears that the intentions are to sell
the family tract for potential development. The larger tract is upland,
cc: Regional Office
Central Office Page Number 1
PAYP4FNT
PECrCU
DEM 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 CERTIFICATION
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 SHOULD BE
SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE AGENCY ADDRESSES SHEET).
PLEASE PRINT.
1. OWNERS NAME: E6,,AjPt-1 C, . V QA/ ?r?R4
2. MAILING ADDRESS: R?,?4} /b /QLQ z
SUBDIVISION NAME:
CITY: (_t!61 I T n A yc, STATE: C ZIP CODE: 2-
3 9 c1
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE):
3. TELEPHONE NUMBER (HOME) : S? Ic(a - h 2 ?.? (WORK) : S AA.% E
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL,
ADDRESS, PHONE NUMBER:
5
LUI.:giiUN OF WURK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR
AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: CC C; LA b a ?,. L Q N k NEAREST TOWN OR CITY: L
l A nh ? ? E I-.
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.) A E ` A t?
_?"o'To. AAt Atk^N, - 1N\ aLAa , R y>6, S
6 . IMPACTED OR NEAREST STREAM/RIVER: 6A_t z,\ ?? Y ?r7 C? p Aar R, _;
RIVER BASIN:
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY

(WS-I OR WS-II)? YES [ ] NO (``?] IF YES, EXPLAIN:
7b. IF THE PROJECT IS LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT
ARE OF ENVIRONMENTAL CONCERN (AEC)? YES [ I NO [V']
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 THIS PROPERTY?
YES [ ] NO [L.r IF YES, PROVIDE ACTION I.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 [ ?]' IF YES, DESCRIBE ANTICIPATED WORK:
9A. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: ?1? z ?lt? any
9B. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
10A. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: EXCAVATION:
FLOODING: OTHER:
t
DRAINAGE: TOTAL ACRES TO BE IMPACTED: 314 0,
10B. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE
DISTANCE BOTH BEFORE AND AFTER RELOCATION):
LENGTH BEFORE: FT AFTER: FT
WIDTH BEFORE (based on normal high water contours): FT
WIDTH AFTER: FT
AVERAGE DEPTH BEFORE: FT AFTER: FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL ELEVATION: CONSTRUCTION OF A DAM/FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED 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 (ATTACH PLANS: 834° x 11" DRAWINGS ONLY) : 61ck- )JEC e_s.Se,4h"
(??4,
13. PURPOSE OF PROPOSED WORK: yj A A-t ?
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS): 0,`A?f
04- T'U .R+ d C1. S LC , O.
15. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) (SEE
AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE
PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT.
DATE CONTACTED: -3 '2C'-- 2 c0 (
16. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC
(STATE) LAND? YES [ ) NO [ kj- (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 [ )
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED 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 CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF
ADMINISTRATION, 1302 Marl Service Center, RALEIGH, NORTH CAROLINA 27699-1302,
TELEPHONE [phone].
17. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY
INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS:
a. 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
STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP.
MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH EQUALS 100 FEET OR THEIR
EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT.
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 PROPERTY?
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
9. SIGNED AND DATED BY AGENT AUTHORIZATION LETTER, IF APPLICABLE.
s
NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, AND
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL MANAGEMENT
(WATER QUALITY) CERTIFICATION.
OWNER'S/AGEN S SIGNATURE DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18G.))
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