HomeMy WebLinkAbout19970540 Ver 1_Complete File_19970709State 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. Jeffrey Lilly
9R Old Tulls Creek Road
Moyock, NC 27958
Dear Mr. Lilly:
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July 9, 1997
Currituck County
WQC 401 Project #970540
You have our approval, in accordance with the attached conditions, to fill in 0.05 acres of wetlands or
waters for the purpose of flood prevention at 9R Old Tulls Creek Road, as you described in your application
dated 18 June 1997. After reviewing your application, we have decided that this fill is covered by General
Water Quality Certification Number 3106. This Certification allows you to use Nationwide Permit Number
18 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 211 .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,
A. Pre Howard, Jr. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Mr. John Domey
Central Files
970540.1tr
Division of Water Quality - Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919 -733 -1786 FAX # 733 -9959
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970540
DEM ID: ACTION ID: 5
Nationwide Permit Requested (Provide Nationwide Permit ft M i'» y r
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers m
Nationwide permits that require application for Section 401 certification o.
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OWILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING cp
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, HEALTH, n
P.O. Box 44% 6 AND NATURAL RESOURCES n
ZO-FUZ-101 P.O. Box 29535 N
, T CESAW -CO -E Raleigh, NC 27626 -0535
Telephone (919) 251 -4511 ATTN: MR. JOHN DORNEY
u) a 5 4, n y to n We 'I n ig Telephone (919) 733 -5083
ONE (1) COPY OF THIS COMPLETED 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: t/' --Q � r e ,r hl D r L
2. Owners Address: g R O Ld/) 71, l l s G re C' K 9 �' G
3. Owners Phone Number (Home): 3 a - 3 � -J" .2
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
y 'j
5. Location of work (MUST ATTACH MAP). County: .G
Nearest Town or City: .02 Z) Rye— K
Specific Location (Include road numbers, landmarks, etc.): S ?Ole,
Y�CIs Gr «K
6. Name of Closest Stream/River: �' is l S �. ✓' r !�;
7. River Basin:
8. 'Is this project located in a- watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO W
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO [X]
If yes, explain. n)119
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
y- C f / el
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 00 a. -�Oe4
Drained:
Flooded:
Excavated:
Total Impacted: �2 _ f ; Av ;t
12. Description of proposed work (Attach PLANS -8 1/2" X 11" drawings only): P 1 a c e
r L m G tc l -2/ i1 7- d
13. Purpose of proposed work: To 2 ri n t L ao 1l' -i1 f o4:
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. F ,` L I c, vc r
C, r' 'en, '/ -r - � s; 4
11 15. You are required to contact the U.S. Fish and Wildlife Service ( USFWS) and/or National Marine Fisheries Service
(NMFS) regarding the presence or any Federally listed or proposed for listing endangered or threatened species or critical
habitat in the permit area that may be affected by the proposed project. Have you done so? YES [ ] NO k]
RESPONSES FROM THE USFWS AND /OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic
properties in the permit area which may be affected by the proposed project? Have you done so? YES [ J NO
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property. e0! A5
B. If available, representative photograph of wetlands to be impacted by project. « %,4-
C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the
delineation line. r o fP S d e L' n e- a t'-° n
D. If a stormwater management plan is required for -this. project, attach copy. P,
E. What is land use of surrounding property? r f'S
F. If applicable, what is proposed method of sewage disposal? e x fA e0p -•, ' e. ,ill& /i, jam_