HomeMy WebLinkAbout19990421 Ver 1_Complete File_19990428State 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
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NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
May 7, 1999
Camden County
DWQ Project # 990421
APPROVAL of 401 Water Quality Certification
NC DOT
Randall Turner
PO Box 850
Edenton, NC 27932
Dear Mr. Turner:
You have our approval, in accordance with the attached conditions, to place fill material in 0.07 acres of wetlands or
waters for the purpose of widening SR 1137, as you described in your application dated April 30, 1999. After reviewing
your application, we have decided that this fill is covered by General Water Quality Certification Number 18. This
Certification allows you to use Nationwide Permit Number 3106 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 Watershed regulations. Also 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. If you change your
project, you must notify us and 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). For this approval to be valid, you must follow the conditions listed in the attached certification. This
approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General
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 Domey at 919-733-1786.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Mr. John Domey
Central Files
prr y,Stevens
990421.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd, Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959
An Equal Opportunity Aff irmative Action Employer 9 50% recycled/10% post consumer paper
DEM ID:
ACTION ID:
Natiom;ide Perm:: Requested (Provide Nationwide Permit #): NW P- l ,CIO' ,?--r-.
TT55
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT
DE?ARTM- EN : OF THE ARNfY NC DEPARTMENT OF ENVIRONMENT, HEALTH,
P.O. Box 1890 AND NATURAL RESOURCES
Wilmington, NC 28402-1:90 P.O. Box 29535
AT7.N: CESA -V-CCU-E Raleigh, NC 27626-0535 PAYMENT
Tel-phone: (919) 251-451: ATTN: MR. JOHN DORNEY RECEIVED
Telephone: (919) 733-5083
ONE (1- COPY OF THIS CON(PLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS.
SEVEN ?7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: N C DOT - M . R)4yUtl l 7-0eAJ69
2. Owners Address: P. O. ,&W X QZ401 E-?OAJAV , /UC
a 7? 77
3. Owners Phone Number (Hcme): (Work): CAS
4. If Applicable: Agent's nacre or responsible corporate official, address, phone number:
'T'uI@,t. )e A Seyio,E+ ?iulPi Q?Zf-CAV
P O..40x- 8-Go, /VC a713Q-
5. Locadon of wori ('14 STATTACH NLNP). County: CA/' a')
Nearest Town or C'.-V: CAM d ev
Specific Location (laclude road numbers.:andmarks, etc.): --5R ! (-3/
6. Narne of Closes: Stream/R:- er: 14 M.-, Je US e C,ece4j, 'Pogotiel wok R/U?
7. Rive: Basin: PASQ UCIPAW kt U eP- 2eAZ/-;V
8. Is th, project hated in a -stershed c:assified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO [}d
9. Hav.: any Secdcn 404 pe=ts been prr,iously requested for use on this property? YES W NO [ ]
If yes, explain. M WP" 1a
10. Esrmated total auml>er of acres of wavers of the U.S., including wetlands, located on project site:
11. Number of acres of waters )f U.S., inc:uding wetlands, impacted by the proposed project:
Filled: o • C 7
Drai: ed:
Flooded:
Exca•, ated:
Total :mpacted: 6-07
r
12. Description of proposed work Attach PLANS-31/2° X 11, dra,l -ngs only): Mew
?lrmr'Qde/rae.c?.s 1!? X -S?'G•?t'O•U C?C U11?0?4dE?' SECCL1Jdsft?? ??ilC ?,
luclul,.u4 ,a9v?N4 ? ,???
13. Purpose of proposed work: I/noro ye &A0Mr&1 495lA"ft •ezp*7
14. State reasons why the applicant believes mat this ac=-•iry trntst_frMcarrri_eed oL_ in wetland/;. Also, note measures taken
to minimize wetland impacts. F?i??Yi(14 /'bllJ !.•S I/7JYJJ?'/l1/ /Xd? I?
T
15. You are required to contact the U.S. Fish and W ildlifz Ser%-ice (,. SF"WS) an-4'or National Marine Fisheries Service
(I NIEFS) regarding the presence of any Fede:_dy listed :dangered cr threatene-: species or critical habitat in the permit
area that may be affected by the proP4sed prciect. Have -. ou done s: ? YES [ NO [X]
NO S Uf M60 /d1 l ar 41-60
RESPONSES FROM 1 HE USFWS AN-,-D/OR NINIFS SEOULD BE FORWARDED TO CCRPS.
16. You are required to contact the State Hismric Preser ation Office (SHPO) -toard ng the presence of historic
properties in the permit area which may be ayected by =e proposed project Have you doge so'? YES [ ] NO (Xj
RESPONSE FROM THE SHPO SHOL-L.D BE FORW A-DED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, yearns, and takes on the property.
B. If available, representative photograph of wetlands to be in=acted by project.
C. If delineation was performed by a consultant, in::ude all dan sheets re'..-vant to the placement of the
delineation line.
D. If a stormwater management plan is 7quired for -his =Oiec_ attach cop:.
E. What is land use of surrounding propztry .44,r! 4-1J L.w e
F. If applicable, what is proposed methcd of sewaz° disposal Nf ?}
Ova-rr's Signa=e
Date
L?A;?Dooo U.S. ARMY CORPS OF ENGINEERS
31 'booo WILMINGTON DISTRICT
Action Id. agglo 7 County L4nlr?
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner
Address
0. 810 X eso
4
7
Telephone No. 6a5?1 ?46-2 -797 J
Size and Location of project (water body, road name/number, town, etc.)?,s? loco a e4S?- yf
Description of Activity t'i It D. () `7 f.-PS 0f bedow k 1.A"_ IJU
Applicable Law: X_Section 404 (Clean Water Act, 33 U.S.C. 1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: Regional General Permit Number.
NW P 19 Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished
in strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section
404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401 water
quality certification from the N.C. Division of Environmental Management, telephone (919) 733-1786. For any
activity within the twenty coastal counties, before beginning work you must contact the N.C. Division of Coastal
Management, telephone (919) 733-2293.
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions
of the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or
appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain
any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State
and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide
Permit, please contact the Corps Regulatory Official specified below.
Date 1 -A-? -W
Corps Regulatory Official z422. r Telephone No. S(OExpiration Date of Verification q DO
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST
BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
CESAW Form 591
Revised July 1995
1 ,
GENERAL CONDITIONS
1. Navigation. No activity may cause more than a minimal adverse effect on navigation.
2. Proper Maintenance. Any structure or fill authorized shall be properly maintained, including maintenance to ensure pt
safety.
3. Erosion and Siltation Controls. Appropriate erosion and siltation controls must be used and maintained in effec
operating condition during construction, and all exposed soil and other fills must be permanently stabilized at the ear
practicable date.
4. Aquatic Life Movements. No activity may substantially disrupt the movement of those species of aquatic life indiger
to the waterbody, including those species which normally migrate through the area, unless the activity's primary purpose
impound water.
5. Equipment. Heavy equipment working in wetlands must be placed on mats or other measures must be taken to minir
soil disturbance.
6. Regional and Case-by-case Conditions. The activity must comply with any regional conditions which may have t
added by the Division Engineer and any case specific conditions added by the Corps.
7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System; or
river officially designated by Congress as a "study river" for possible inclusion in the system, while the river is in an oft
study status. Information on Wild and Scenic Rivers may be obtained from the National Park Service and the U.S. Fc
Service.
8. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved A
rights and treaty fishing and hunting rights.
9. Water Quality Certification. In certain states, an individual state water quality certification must be obtained or wai
10. Coastal Zone Management. In certain states, an individual state coastal zone management consistency concurrf
must be obtained or waived.
11. Endangered Species. No activity is authorized under any NWP which is likely to jeopardize the continued existenc
a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endang
Species Act, or which is likely to destroy or adversely modify the critical habitat of such species. Non-Federal permittees :
notify the District Engineer if any listed species or critical habitat might be affected or is in the vicinity of the project and
not begin work on the activity until notified by the District Engineer that the requirements of the Endangered Species Act h
been satisfied and that the activity is authorized. Information on the location of threatened and endangered species ca
obtained from the U.S. Fish and Wildlife Service and National Marine Fisheries Service.
12. Historic Properties. No activity which may affect Historic Properties listed, or eligible for listing, in the National Reg
of Historic Places is authorized, until the District Engineer has complied with the provisions of 33 CFR 325, Appendix C.
prospective permittee must notify the District Engineer if the authorized activity may affect any historic properties li;
determined to be eligible, or which the prospective permittee has reason to believe may be eligible for listing on the Nati
Register of Historic Places, and shall not begin the activity until notified by the District Engineer that the requirements o
National Historic Preservation Act have been satisfied and that the activity is authorized. Information on the location
existence of historic resources can be obtained from the State Historic Preservation Office and the National Register of His
Places (see 33 CFR 330.4(g)).
13. Water Supply Intakes. No discharge of dredged or fill material may occur in the proximity of a public water supply in
except where the discharge is repair of the public water supply intake structures or adjacent bank stabilization.
14. Shellfish Production. No discharge of dredged or fill material may occur in areas of concentrated shellfish produc
unless the discharge is directly related to a shellfish harvest activity authorized by nationwide permit.
15. Suitable Material. No discharge of dredged or fill material may consist of unsuitable material (e.g., trash, debris
bodies, etc.) and material discharged must be free from toxic pollutants in toxic amounts.
16. Mitigation. Discharges of dredged or fill material into waters of the United States must be minimized or avoided tc
maximum extent practicable at the project site (i.e., on-site), unless the District Engineer has approved a compens,
mitigation plan for the specific regulated activity.
17. Spawning Areas. Discharges in spawning areas during spawning seasons must be avoided to the maximum e)
practicable.
18. Obstructions of High Fiows. To the maximum extent practicable, discharges must not permanently restrict or imr
the passage of normal or expected high flows or cause the relocation of the water (unless the primary purpose of the fill
impound waters).
19. Adverse Impacts from Impoundments. If the discharge creates an impoundment of water, adverse impacts or
aquatic system caused by the accelerated passage of water and/or the restriction of its flow shall be minimized to the maxir
extent practicable.
20. Waterfowl Breeding Areas. Discharges into breeding areas for migratory waterfowl must be avoided to the maxir
extent practicable.
21. Removal of Temporary Fills. Any temporary fills must be removed in their entirety and the affected areas returnc
their preexisting elevation.
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CAMDEN COUNTY.
NORTH CAROLINA
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