19920301 Ver 1_COMPLETE FILE_19920812

1 R?
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor August 12, 1992 A. Preston Howard, Jr., P.E.
William W. Cobey, Jr., Secretary Acting Director
Mr. James B. Basnight
Box 1001
Stumpy Point, N.C. 27978
Dear Mr. Basnight:
Subject: Proposed Fill in Headwaters or Isolated Wetlands
House and septic tank construction
Dare County
DEM Project #92301
Upon review of your request for Water Quality Certification
to place fill material in 0.33 acres of wetlands for
house and septic tank construction located at SR 1100 in Dare
County, we have determined that the proposed fill can be covered
by General Water Quality Certification No. 2671 issued January
21, 1992. A copy of the General Certification is attached. This
Certification may be used in qualifying for coverage under Corps
of Engineers' Nationwide Permit No. 26. If the applicant wants
install a drain field and the total fill is greater than 0.33
acres, then a separate Certification will be required. This
Certification is not unlikely to be approved unless the applicant
can demonstrate that no surface water contamination will occur.
I also understand that the Division of Coastal Management has
denied consistency for this project. This issue must be resolved
before wetland filling occurs.
If you have any questions, please contact John Dorney
at 919/733-1786.
i ely,
. Pr ston Howard, Jr. P E.
GTE:JD
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Regional Office
Washington DEM Regional Office
Mr. John Dorney
Central Files REGIONAL OFFICES
Asheville DivIaMil6millof CftSt -EF1llVana nt RaVe4?Tffiton Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 19/571-4700 919/T46-6481 919/395-3900 9 19/896 -7007
Pollution Prevention PAys
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
To: John Dorney
Planning Branch D 15 l5 d n
7
DIVISION OF ENVIRONMENTAL MANAGEMENT II II ?c?9?
t CA/M?A MAJOR PERMIT APPLICATION REVIEW
WaRO PROJECT # 7 v? -d rl WETLANDS GROUP
REVIEWER: SAWYER WATER UALITY SECii^,^
WQ SUPERVISOR: THOR E
DATE: .2 ' /'y
(y <y
WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING
PERMIT YR: 92 PERMIT NO.: () / COUNTY:
PROJECT NAME:
PROJECT TYPE: "MIT TYPE: CAMA COE
COE #: DOT#:
RCD FROM CDA: DCM DATE FROM CDA: 2-0 6
REG OFFICE: WaRO RIVER AND SUS . B%IN# :
*STREAM O ADJACENT WATER BODY: (6
CLASS: Sw S R AM INDEX:
*OPEN OR CLOSED:
WL IMPACT : O- 3S ac- WL TYPE:
WL REQUESTED: 0,33a,_ WL ACR EST: 0-33a-it-
HYDRO CNECT?: WL SCORE:
MITIGATION: MITIGATION TYPE:
MITIGATION SIZE: RAT S MT ATTACHED?:
RECOMMENDATION: ISSUE SSUE'/-C-O?> DENY
STORMWATER PLAN REQ'D: -{
IF YES, DATE APPR ED: Cam-`
14-
PROJECT. D SCRIPTION•
WATER QUALITY CERT. 401
CERT. REQID:
IF YES, TYPE: Z?
SEWAGE DISPOSAL
TYPE OF DISPOSAL PROPOSED:
(EXISTING, PROPOSED, TT--TANK ET .)
TO BE PERMITTED BY:
(DEM, DHS, ?Ty
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE:
WATER/WETLAND FILL
AREA OF FILL: WATER: WETLAND: ?,3,3 oc--
IS FILL ELIMINATING A SIGNIFICANT USE?
/y
DREDGING
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIG T LOSS
OF RESOURCE?
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED?
MARINA
ARE THE FOLLOWING ADEQUATELY ADDRESSED?
SEWAGE DISPOSAL: MARINA SERVICES:
OXYGENINBASIN: CLOSURE OF SHELLFISHING A E S:
Page Two
9.2 -os/-
RECOMMENDED CONDITIONS OR PERMIT RESTRICTIONS:
cc: Central Files
Washington Regional Office Files
DCM-John Parker
Elizabeth City
Morehead City
Washington
COE:Washington Field Office
6--'-?10-7

DEM ID: L.3 o / ACTION ID:
NATIONWIDE PERMIT APPLIED FOR (PROVIDE NATIONWIDE PERMIT #):
JOINT APPLICATION FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO CORPS OF ENGINEERS
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
3+»5883 ? r. W
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 : os???? <
2. OWWS ADDRESS:-,P
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING -.--
? ( rl
CORPS OF ENGINEERS DIVISION OF ENVIRONMENT r
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRO P.O.
BOX 1890 AND NATURAL RESOURC
WILMINGTON, NC 28402-1890 P.O. BOX 29535 5 1992
ATTN: CESAW-CO-E RALEIGH, NC 27626-0535
Telephone [phone] ATTN: MR. JOHN DORNEY w
-T RK) : e (3
3. OWNERS PHONE NUMBER (HOME): -
?_-: ? S? W 0
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: d
5. LOCATION OF PLANNED WO.
NEAREST TOWN OR CITY:
SPECIFIC LOCATIQNi(INCI
O?Q -;?Al. C'
ETC.):
6. NAME OF CLOSEST STREAM/RIVER: t/m t Olt / t
t
7. RIVER BASIN:
s
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES [ ] NO [A
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ ] NO
IF YES, EXPLAIN.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF TH? U S, INCLLUNG
WETLANDS, LOCATED ON PROJECT SITE:
3/30/92-
r•
-2-
11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPAC D Y
THE PROPOSED PROJECT : FILLED :
DRAINED:
FLOODED:
EXCAVATED: _
TOTAL IMPACTED: 1l?+J ?C1C` 1-/
12.
13.
1 . StCttREASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST
CAR;
IMPACTS.
BE
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 ARE T T MAY BE AFFECTED BY THE
PROPOSED PROJECT. HAVE YOU DONE SO? YES NO [
RESPONSES FROM THE USFWS AND/OR NMFS SHOUL 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`', NO [ ]
RESPONSE FROM THE SHPO SHOULD BE FORWARDE TO CORPS.
17. ADDITIONAL INFORMATION REQUIRED BY DEM:
A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND AKE ON t
THE PROPERTY. / T D f ? > . „S I-AIC.2 ?? 10
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 D NEATION LINE.
D. IF A RMWATER MANAGEMENT PL'A IS REQUIRED FOR THIS PROJECT, ATTACH
COPY. I lf
E. WHAT IS LAND USE OF SURROUNDING PROPERTY?
F./ PLICAB QpOSE k,OF I?
,2,
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srntI
JUL 2 81992
State of North Carolina M-4?-"
Department of Environment, Health and Natural Resources
Division of Coastal Management
Highway 17 itnith • Fli7aheth City, North (;arolina 27909
James G. Martin, Governor
William W. Cohey, Jr., Secretary
CERTIFIED MAIL
_-...... ----- -- ------
RI-FUR_N RECEI_P'1'_REQUESTED
July 22, 1.992
Roger N. Schecter
Director
Attachment 4
Mr. James B. Basnight
Box 1001
Stumpy Point, NC 27978
REFERENCE: DF.M 11) 92-301, Nationwide Permit Application for
an activity located in Dare County.
Dear Mr. Basnight:
The NC Division (If Coastal Management has reviewed the above
referenced application for a Nationwide Permit pursuant to
Section 307 of the Coastal Zone Management Act of 1972 as
amended. Based upon our review, we have determined that the
proposed activity is inconsistent with the North Carolina Coastal
Management. Program.
St--c i f i ca 1 l y, the proposal is inconsistent with the special
developnir-nt :-tandar.t -, for the Conservation Land Class in the 1987
Dare County Land Use Man. These standards indicate that:
"Develorment () r alteration of land, including the
construction of s.i.ngle family residences on suitable land,
is appropriate within conservation areas where it can be
shown that "the proposed development will not destroy or
irretrievably alter (a) wetlands..."".
The activity proposed in this permit application (wetlands fill
and no mitigation) is clearly inconsistent with the County's land
use plan as noted above, and is therefore inconsistent with the
North Carolina Coastal Management Program. It should be noted
that a house built on piling over the 404 wetland would meet the
Rcmtr t; Rod( ;ioi. I Ii .rhr th ( it N" North ( 'arolina 279X09 I rlri)lumf- 919 264 3901
An I riual Opportunity Affirmative Action Emplovrr
sF • ?'
Mr. James B. Basnight
July 22, 1992
Page Two
Dare County land use plan requirements and that other wetland
fills appropriately mitigated have previously been found to be
consistent with the Dare County Land Use Plan.
We will be harpy to reconsider our position should your
proposal be modif.i?cl such that the project is no longer
inconsistent with tho above listed policies. Please feel free to
contar,t me at [phone] at your earliest convenience to
discuss passible modifications or alternatives.
If you disagree with our finding, you have the right to
appe,i I )UV decd ,ion to the Secretary, U. S. Department of
COMM(,,-(-(- , FJnF,h i ngton, DC. The appeal must be filed within 30
days of receipt of this letter and must specifically address one
of the f allowing findings: that although the project currently
is inconsistent, it may be federally approved because (1) the
activity is consistent with the objectives or purposes of the
Federal. Coastal Zone Management Act, or (2) is necessary in the
interest of national security. Mr. Steve Benton of the NC
Division of Coastal Management in Raleigh is available to discuss
procedures and to provide assistance if needed in filing an
appeal. tie can be reached at [phone].
Sincerely, pc_
David R. Griffin
District Manager
DRG/dc
cc: Roger N. Schecter, Director
NC Division of Coastal Management
Preston P. Pate, Assistant Director
NC Division of Coastal Management
Steve Benton, Consistency Coordinator
NC Division of Coastal Management
Wilmington District Engineer (CERTIFIED)
ATTN: CESAW-CO-E
Ms. Trudy Coxe, Director (CERTIFIED)
US Department of Commerce, OCRM
Washington, DC 20235
L,,J"ohn Dor.ney, Water Quality Section
NC Division of Environmental Management

0 North Carolina Wildlife Resources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John R. Dorney
Water Quality Planning, DEHNR
FROM: Richard B. Hamilton ?L?? -.t{1 p,
Assistant Director
DATE: July 16, 1992
SUBJECT: Section 401 Water Quality Certification review, James B. Basnight, Stumpy
Point, Dare County, DEM ID 92301.
Biologists on our staff have reviewed this Section 401 Water Quality certification
request. Our comments are provided in accordance with provisions of Sections 401 and
404 of the Clean Water Act 33 U.S.C. 466 et seq.). The applicant has applied for a
Nationwide Permit under Section 404 and proposes to fill approximately 0.33 acres of
wetlands in order to "satisfy health department requirements' for a septic tank field and
mobile home.
Wetlands provide functions which benefit the public as well as fish and wildlife.
Wetlands retain and purify stormwater runoff and provide valuable habitat for numerous
species of fish and wildlife. Wetlands such as these play a major role in the overall
biological productivity of adjacent waters.
The proposed work is inconsistent with EPA's Section 404(b)(1) guidelines in that
the project does not constitute a water dependent activity. Destruction of this wetlands
area is also inconsistent with our Policies and Guidelines for Conservation of Wetlands and
Aquatic Habitats officially adopted by the North Carolina Wildlife Resources Commission
and we request denial of the water quality certification.
RBH/lp
cc: Pete Komegay, District 1 Fisheries Biologist
4v
DEM ID: t30/ ACTION ID:
NATIONWIDE PERMIT APPLIED FOR (PROVIDE NATIONWIDE PERMIT #):
JOINT APPLICATION FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO CORPS OF ENGINEERS
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRO
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVI
P.O. BOX 1890 AND NATURAL RESO
WILMINGTON, NC 28402-1890 P.O. BOX 29535
ATTN: CESAW-CO-E RALEIGH, NC 27626-0
Telephone [phone] ATTN: MR. JOHN DO
77. 34-
MANAGEMENT
JUN - i 1.99
I L. Q,
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME: ./?-???1(! l?
2.

3. OWNERS PHONE NUMBER (HOME) :
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
5. LOCATION OF PLANNED WO':
NEAREST TOWN OR CITY:
6. NAME OF CLOSEST STREAM/RIVER: t. v?y ! T 4K
7. RIVER BASIN:
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES [ J NO Pq
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ J NO j?
IF YES, EXPLAIN.

10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF TH? U S. INCLUDING
WETLANDS, LOCATED ON PROJECT SITE:
3/30/92