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HomeMy WebLinkAbout19970429 Ver 1_Complete File_19970527State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director APPROVAL of 401 Water Quality Certification Mr. Melvin Thomas Ray 5250 Peacock Road Whitesville, NC 28472 Dear Mr. Ray: A T.KMAI �EHNF1 May 27, 1997 Columbus County WQC 401 Project #970429 . You have our approval, in accordance with the attached conditions, to place fill material and flood 0.9 acres of wetlands or waters for the purpose of constructing an irrigation pond, as you described in your application dated 20 May 1997. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3108. This Certification allows you to use Nationwide Permit Number 26 when it is issued by the 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, 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 you may be required to send us a new application. 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 -1786. Sincerely, 1 u es'ton Howard, Jr. P. . Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Fayetteville DWQ Regional Office Mr. John Domey Central Files 970429.1tr 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 Affirmative Action Employer • 50% recycled /10% post consumer paper '9742- 9 IkF.M ID: CORPS AC`T'ION ID: IATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT 4) PRE- CONSTRUCTION NOTIFICATION APPLICATION FOR NATIONWIDE PERMITS THAT REQUIRE: *1 'F 1) NOTIFICATION TO THE CORPS OF ENGINEERS ��02 �� ��G� 2) APPLICATION FOR SECTION 401 CERTIFICATION ~ 3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT�9� SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE YIELD 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. t. OWNERS NAME: Melvin Themas Ray �07 Ion '.. MAILING ADDRESS: 5250 Peacock Rd. SUBDIVISION NAME: 'ITY: Whiteville STATE: NC ZIP CODE: 28472 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM fyAILING ADDRESS ABOVE): Same 3. TELEPHONE NUMBER (HOME): 910 - 642 -4090 (WORK) : 910 - 642 -6037 9. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Same 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: Columbus NEAREST TOWN OR CITY: Whiteville 6. IMPACTED OR NEAREST STREAM /RIVER: White Marsh RIVER BASIN: Lumber River 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 [X] IF YES, EXPLAIN: 7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO [X] 7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAh 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 [X] 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 [ X IF YES, DESCRIBE ANTICIPATED WORK: 9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 82 ac. 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 12 ac. 10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: .4 EXCAVATION: .5 ac. .5 ac. FLOODING: OTHER: DRAINAGE: TOTAL ACRES TO BE IMPACTED: .9 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 EXCAVATION: 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? 29 ac. WHAT IS THE EXPECTED POND SURFACE AREA? 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS ONLY): Trackhoe - Farm Tractor 13. PURPOSE OF PROPOSED WORK: Farm Irrigation Pond. 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS): Best Suited Place 15. YOU ARE REQUIRED TO CONTACT AND /OR NATIONAL MARINE FISHERIES SHEET) REGARDING THE PRESENCE OF LISTING ENDANGERED OR THREATENED AREA THAT MAY BE AFFECTED BY THE THE U.S. FISH AND WILDLIFE SERVICE (USFWS) SERVICE (NMFS) (SEE AGENCY ADDRESSES ANY FEDERALLY LIS'T'ED OR PROPOSED FOR SPECIES OR CRITICAL HABITAT IN THE PERMIT PROPOSED PROJECT. DATE CONTACTED: 5 -12 -97 (ATTACH RESPONSES FROM THESE AGENCIES.) 16. 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: 5 -12 -97 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES (I NO (K] (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 [ j NO W 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, 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 OR FILL MATERIAL INTO WETLANDS: a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 19, 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? Woodland, Cropland f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? N_ A g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE U.S. 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 ENVIRONMENTAL MANAGEMENT (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. 064- 0 )4: �e d OWNER'S /AGENT' S NATURE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED (18g.)) s- X2,9 -1 DATE 7"o , 7m _ %� -/� use '' �! '��•`.�- I 5U43° IB " �' a• A /h J.4lg 1341 1 ti L ,5 17]0 � 1.7 In, 3]9 .� i�Cs tst6 _ s>+ 4,0 G 1506 V 1 242 509 12 I '•` 1312 565 p; _ vg.,. 1]32 .8 O J '� 15s2 ♦ 1 i ' 1614.E 1574 Braswell 525 0 1416 1527 1525 $imp I.3 I., 1 Mt. Moriah FM ♦b 144 1415 T Gists ^ 1514 :b 4 ' 1416 112 ♦° 1t' 1.2 1412 415 41] 1619 1.3 1412 s � 1610 r¢ BPV 349 e 00 .Try .J 1341 >ve l3 s4 13] 1574 LM c*� Western Prong loos B , 6 .d 1 s+6 1709 s 1�4F O � 1 w1 ' 1,2'' Ip 1.2 1709 1007 j •a 1567 1003 1002 1769 A 13 D 149 7 I.I •3 49 517 1317 7 1]30 A 136, O 1131 13 7 A 7 .9 ]29: Roseland 1324 �j o 1.6 A t 1 O � 3Q a '1317 n 4 Oaleadon - 1314 iresldan r—M FOP. 5,565 ,v ♦,1 F �- '+ 0166 /1169 .3 :1 .9 �a7elnbus Counly 1176 y .? 1 u1 Municipal j1' %1t > AllpOrl 1171 .7 � '9 / 11 •I .1,1 1p ^i Harralso1198b '' 1]68 — 4 .4 1.2 .4 1166 y 11 92 i 1165 1206 + 40 17 1162 Pled 13 5 'Z ," 1164 ? 6 Aa/lOd1 Ch Mi. �A• .6 1166 j QI. "P 14 —Lebanon C1 d 1160 't 9 1157 9 ll1 10 a G 3 _ 1161 - 1111 tP 157 ♦6 ;0 0 Word IISQ 6 .7 `., hl S f, ,j %:`• � _ pit y s_ , t �• � i� � it A 7 7a Wt C'1 . WT, LI I IF MI W'4 lop, 17'1�iZvf R4"" Ij • olfeW DATA FORM ROUTINE ,WETLAND DETERMINATION (1.987 COE :Wetlands Delineation Manual) VEGETATION om inant- Plant- Specieo� - Date: Applicant /Owner: rAgQ t 12Qc. � County: , Investigator :'� ' . ( - State: North Carolina - Do Normal Circumstances exist -on the site ?.. VjYes O No ..; ___ Community ID: Isthe site significantly disturbed (Atypical Situation)? ( )Yes fib No Transact ID: Id -the area a potential Problem Area? -. - ()Yes M No ...' Plot ID: Of needed, explain on reverse.) _Water Lines VEGETATION om inant- Plant- Specieo� - ► r- Stratum Indicator 1��t�•�¢�'I' �-1 L; u:dam,l�a� Sf raa �a T + Primary Indicators: OS L .�C'C_ 14 VS ' r'nU 4: _Other N o Recorded Data Available 5. _Water Lines Field Observations: 7. Depth of Surface Water: NDN&(in.) 8. Percent _of. Dominant_ Species that are_OBL, FACW or FAC '(excluding FAC). Depth to Free Water in Pit: (in.) Remarks: IYDROLOGY Data (Describe in Remarks): Wetland Hydrology Indicators: _Recorded Stream, Lake or Tide Gauge Primary Indicators: Aerial Photographs _Inundated Saturated in Upper 12 Inches _Other N o Recorded Data Available Marks _Water Lines Field Observations: _Drift Deposits Depth of Surface Water: NDN&(in.) _Sediment _Drainage Patterns in Wetlands Secondary Indicators (2 or more required): Depth to Free Water in Pit: (in.) _Oxidized Root Channels in Upper 12 Inches Stained Leaves Depth to Saturated Soil: ��(in.) _Water- � Local Soil Surey Data '--* FAC- Neutral Test Other (explain in Remarks:' ,Remarks) �- I.QV4V w�nCV e_ Q(-mss e- 4 DIL5 Map Unit Name TO Drainage Class: (Series and Phase):�Cl Field Observations Ta>�o my (Subgroup) Confirm Mapped Type? (,),.Yes. - . ( No Profile Description Mat Color Mottle Colors Mottle Texture Concretions De 6th inches Horizon Mu sell Moist Munsell Moist Abundance /Gontrast Structures eta �Z­ j _ A &T ell Hydric "Soil Indicators: Histosol Histic Epipedon _Concretions High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor - - -- — _Organic Streaking inSandy.Soils -- Moisture Regime Listed on Local Hydric Soils List _A.quic Reducing Conditions _Listed on National Hydric Soils List 'r Gleyed or Lo- Chroma Colors _Other (Explain in Remarks) Remarks: WETLAND DE T INATION Hydrophytic egetation Present? Yes 7)No (Circle) - -(Circle) Wetland Hydrology Present? Hydric Soils Present? N ) Yes Yes (_) No Is this Sampling Point Within Wetland? �(.,1Yes )No ( Remarks: olC -,a, '02 ;YSTEM LASS SUBCLASS. WATER REGIME D (NON - WETLAND) 47130" NOTES TO THE USER • Wetlands which have been field examined are indicated on the map by an asterisk ( "). • Additions or corrections.to the wetlands information displayed on this map are solicited. Please forward such information to the address indicated. • Subsystems, Classes, Subclasses, and Water Regimes in Italics were developed specifically for NATIONAL WETLANDS INVENTORY mapping. • Some areas designated as R4SB, R4SBW, OR R4SBJ (INTERMITTENT STREAMS) may not meet the defini- tion of wetland. • This map uses the class Unconsolidated Shore (US). On earlier NWI maps that class was designated Beach/ Bar (BB), or Flat (FL). Subclasses remain the same in both VI -G�IA cPFOIA u. P` '0600^m E CHADBOURN NE,