19920361 Ver 1_COMPLETE FILE_19920812

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO August 12, 1992
n
Regulatory Branch WER4IDS Gl?'I'
y WATE?UALI [Y_?';'.
Action ID. 199202712 and Nationwide Permit No. 18 (Minor Discharges)
Mr. Bill Meredith
Post Office Box 1134
Nags Head, North Carolina 27959
Dear Mr. Meredith:
Reference your application of July 8, 1992, for Department of the Army
authorization to excavate a 0.003 acre wildlife pond within a small wetland
area on your property located adjacent to the Roanoke Sound, south of U.S.
264/64, east of Muddy Channel, in Nags Head, Dare County, North Carolina.
Resultant spoil material is to be placed on adjacent high ground. No
excavated and/or fill material is proposed to be placed within wetlands on
your property.
You expressed concern over the possibility of spoil material being
inadvertently placed within wetlands during the pond construction. For the
purposes of the U.S. Army Corps of Engineers' Regulatory Program, Title 33,
Code of Federal Regulations (CFR), Part 330.6, published in the Federal
Register on November 22, 1991, lists nationwide permits. Authorization,
pursuant to Section 10 of the Rivers and Harbors Act and Section 404 of the
Clean Water Act, was provided for discharges of dredged or fill material into
all waters of the United States provided:
a. The discharge does not exceed 25 cubic yards;
b. The discharge will not cause the loss of more than 1/10 acre of a
special aquatic site, including wetlands. For the purposes of this nationwide
permit, the acreage limitation includes the filled area plus special aquatic
sites that are adversely affected by flooding and special aquatic sites that
are drained so that they would no longer be a water of the United States as a
result of the project;
C. If the discharge exceeds 10 cubic yards or the discharge is in a
special aquatic site, including wetlands, the permittee notifies the District
Engineer in accordance with the "Notification" general condition. For
discharges in special aquatic sites, including wetlands, the notification must
also include a delineation of affected special aquatic sites, including
wetlands' and;
d. The discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project and is not placed for the
purpose of stream diversion.
-2-
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions. This
nationwide permit does not relieve you of the responsibility to obtain any
required State or local approval.
This verification will be valid for 2 years from the date of this letter
unless the nationwide authorization is modified, reissued, or revoked. Also,
this verification will remain valid for the 2 years if, during that period,
the nationwide permit authorization is reissued without modification or the
activity complies with any subsequent modification of the nationwide permit
authorization. If during the 2 years, the nationwide permit authorization
expires or is suspended or revoked, or is modified, such that the activity
would no longer comply with the terms and conditions of the nationwide permit,
activities which have commenced (i.e., are under construction) or are under
contract to commence in reliance upon the nationwide permit will remain
authorized provided the activity is completed within 12 months of the date of
the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify,
suspend, or revoke the authorization.
You should contact the following State agencies to obtain the required
State authorizations prior to starting work: Mr. John Dorney, North Carolina
Divisions of Environmental Management, telephone [phone], and Mr. Steve
Benton, North Carolina Division Of Coastal Management, telephone (919)
733-2293.
Thank you for your time and cooperation. If you have any questions about
this, or any related matter, please do not hesitate to contact Mr. Mitchell at
the Washington Regulatory Field Office, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
-3-
Copies Furnished (without enclosure):
Mr. John Parker
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
/Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. David Griffin, District Manager
North Carolina Division of
Coastal Management
North Carolina Department of Environment
Health, and Natural Resources
1367 U.S. 17 South
Elizabeth City, North Carolina 28557
Mr. Jim Poteat
275 Red Fox Trail
Hampstead, North Carolina 28443
W. Merle Meekins Jr.and Associates
Post Office Box 1998
Nags Head, North Carolina 27959
7

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. Mai-tin, Governor august 13, 1992 A. Preston Howard, Jr., P.E.
William W. Cobey, Jr., Secretary Acting Director
Mr. Bill Meredith
PO Box 1134
Nags Head, NC 27959
Dear Mr. Meredith:
Subject: Proposed Fill in Headwaters or Isolated Wetlands
Pond Construction
Dare County
DEM Project 92361
upon review of your request for Water Quality Certification
to place fill material in 144 square feet of wetlands for pond
construction located in Dare County, we have determined that the
proposed fill can be covered by General Water Quality
Certification No. 2733 issued May 1, 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. 18.
If you have any questions, please contact John Dorney at
919/733-1786 or 919/733-1787.
Sincerely,
. Preston Howard, Jr. P.E.
APH: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 Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704 /25 1 -6208 919/4x6-1S41 104/663- 1099 919/571 -4700 9 19/946 -64 81 919/395-3900 919/896-7007
Pollution Prevention Pays
P.O. [lox 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity A(rirTnative Action Flnployu
t
To: John Dorney
Planning Branch
DIVISION OF ENVIRONMENTAL MANAGEMENT
CAMA MAJOR PERMIT APPLICATION REVIEW
WaRO PROJECT # 9OZ -0 5-3
REVIEWER: SAWYER
WQ SUPERVISOR: THOR E
DATE : 3 O." f 9p2,
WETLAND INFORMATION FOR CENTRAL OF ICE TRACKING /?
PERMIT YR: 92 P WT N COUNTY:Lc?o
PROJECT NAME: /Y1 ??? ,?,? 7
PROJECT TYPE: ;i PERMIT TYPE: CAMA/&i)
COE #: DOT#:
RCD FROM CDA: DCM DATE FROM CDA:
REG OFFICE: WaRO RIVER AND S B SIN#:
*STREAM OR ADJACENT WATER BODY:20a.,"
CLASS: 51l- STREAM INDEX #:
*OPEN OR CLOSED:
WL IMPACT: lqq WL TYPE:
WL REQUESTED:, WL ACR EST:
HYDRO CNECT?: WL SCORE:
MITIGATION: MITIGATION TYPE:
MITIGATION SIZE: RATING SHEET ATTACHED?:
RECOMMENDATION: LiiSU ISSUE/COND DENY
•9? d 7e) S
?1'$s s-/

STORMWATER PLAN REQ'D:
IF YES, DATE APPRO D.
P OJEC ES PT ION:
WATER QUALITY CERT. 401
CERT. REQ'D:
IF YES, TYPE: /g
SEWAGE DISPOSAL
TYPE OF DISPOSAL PROPOSED:
(EXISTING, PROPOSED, SEPTIC TANK ETC.)
TO BE PERMITTED BY:
(DEM, DHS, COUNTY)
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE:
WATER/WETLAND FILL
AREA OF FILL: WATER: WETLAND: lVq
IS FILL ELIMINATING A SIGNIFICANT USE?
DREDGING
IS DREDGING ACTIVITY EXPECTED TO CAUS SIGNIFICANT LOSS
OF RESOURCE?
IS SPOIL DISPOSAL ADEQUATELY ADDR
MARINA
ARE THE FOLLOWING ADEQUATELY ADDRESSED? -
SEWAGE DISPOSAL: MARINA SERVICES:
OXYGENINBASIN: CLOSURE OF SHELLFISHING A ERS:
Page Two
RECOMMENDED CONDITIONS OR PERMIT RESTRICTIONS:
cc: Central Files
Washington Regional Office Files
DCM-John Parker
Elizabeth City
Morehead City
Washington
COE:Washington Field Office

:_?
_y
A rJ,0 * /8 IV ATERJAL S 1A1Z1 a V7-,4 Z . 9v
DEM ID:' 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
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. BOX 1890
WILMINGTON, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCE
P.O. BOX 29535
RALEIGH, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone] .Alld

n ?qq7
ONE;(1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO TH C
ENGINEERS. SEVEN' (7) COPIES SHOULD BE SENT TO THE N.C..DIVISIO 0 WATER liAlHY '.
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT. ,/
1.'' OWNERS NAME : ' 9/L L A&ee : D/7H
?a X //3 y
2. `OWNERS ADDRESS : -;;:9z)
3. OWNERS PHONE NUMBER (HOME): 011- RS 7-,?' (WORK): uyl go ?-5
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIA , ADDRE S,
PHONE NUMBER: M606n/S /-IGEn/T
. d. Sox 1998
An(7.-D ? Al. C. 27?--I'
l Y- Y73 - 2L ?2.6 4 E/ ,91?/6 ,4
5. LOCATION OF PLANNED WORK (ATTACH . COUNTY: -V4?2 t?
NEAREST TOWN OR CITY: A1,'5 rAL7
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.),:
-rRAIL- fdAGS l/fA?
U !
6. NAME OF CLOSEST STREAM/RIVER : ?lPDAn?a.(?E' Sec.
;? a'
7. RIVER BASIN: IJ14
8. IS THIS PROJECT LOCATED IN A WATERSHED CUASSIFIED AS TROUT, SA, HQW, ORW,
W3 S I, OR WS II? YES [ J NO [V J
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ J NO [+/]
IF YES, EXPLAIN.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING
' WETLANDS, LOCATED ON PROJECT SITE: O. /_9AC. a2 8 LlSSq, F'>
..3/30/92
r
v
-2-
11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY
THE PROPOSED PROJECT: ?A??QjAL A&A06 li- rZ Ty/E
FILLED: fYCA?Arfa ?aF Y/1E /th a?PiOP.t?6S Foe.n 8u cke7T )
DRAINED: n/
FLOODED: /A
EXCAVATED: /4/'/ SQ ?.
TOTAL IMPACTED: /0/ S40 __ Y
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): 79 -D16 au 7- oc' (,?6
AA/ /?i/FR aF 12' t411X Z'ti k /nom 23/ 2' -DE60 rva A A,1ArZwo,L
TiSIiS ovo k/// / 9r -6,r c?zz rn ?•?/.rt/ Alm .QCft? 42 o nVelz /yW-"
?A? IAI A •/
13 . PURPOSE OF PROPOSED WORK: / a R A/yu/I.4G P n/D A&- U?IL n &.X C
P/I.-?SE,QI/e U147- tI-awL V A Z/GA7Z'_je.
llk~x?
& A/0
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. 770?-- /-s?L,oy?D ?????s Aetc- /Z7E??/iI.AL 71 7%4-
'VAC_< /1?ES A72//lAL_ ASi>,uY. 7 Z- ?477W,4 'PAVo k/144- Z3? Du?IEL? IAA
T
A> ALL 7il! ?S.
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'ENDANGUED OR THREATENED
SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA AT MA'Y BE AFFECTED BY THE
PROPOSED PROJECT. HAVE YOU DONE SO? YES [V] NO [ 1$5 qL- Ae6V33kM,6',V " ?A
2? '40, NAOlr4,- k/U dir«. 7V,,
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FOWARDE TO CORPS. WETLR?DS P[ePosE,
Fa/L T//E d/Aru/tAL J.?D /S SEPARA;r Fite.•l v'//,c
Soa??D
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESEP:',grION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH
MAY BE AFFECTED BY THE PROPOSED PROJECT?
HAVE YOU DONE SO? YES [V] ;!O
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. ADDITIONAL INFORMATION REQUIRED BY DEM:
A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND LAKES ON
THE PROPERTY.
B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLAND$ 'lO BE%IMPACTED BY
PROJECT. '
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEME T OF THE DELINEATION LINE.
D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH
COPY.

E. WHAT IS LAND USE OF SURROUNDING PROPERTY? ?!? A'??E.?u.o L_
F. IF APPLIOA BLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
/
y
OWNER S SIGNA URE ATE
tz
4
Q

i.
b?
NI
I
b?
`i) II
J
a
1
i2• ? Ir I
*%k
?N 1b oZ?

Z4, 36,
"e;I - -, Q
8, JLIX

10
a
i.
0.
?
k
kk-, V 0

n?
r
\ ? l
dy ?+ ?
?o A9'
"c?I
?I .
I i
I
?I
II 4
I
I w
I•
I
i k
1
I
I
so'
' I 12' 4'
O
t.?
as
S 2V° 3D' 119.IS'
?O
Q
? I
I
o (?
o.
? o v 4ti
M
I
? nawss L aaab
r
"11b
QQ ?0 y?° „ 4 ?s p
At
r ?
o
I a ?
Jo \
? I
12?1.In' ? 31A'?
b I
S 24 16' E
I
I
I .?
? h
mii,.

F
? 3i 3+'

r•
ti
JUL 2 81992
State of North Carolina
Department of Environment, Health and Natural Resources
l )ivision of (:oastal Management
I lighway 17')oUth • Elizabeth City, North Carolina 27909
James G. Martin, ( ;overnor
William W. Cobey, Ir., Secretary
July 22, 1992
Roger N. Schecter
Director
Attachment 2
Mr I I Merr,j i th
P. O. Pox 11 34
NagC; 1lratj, fir 279511
REFFREIIcr DE.M 11) 92-361, Nationwide Permit Application for
an activity located in Dare County.
Dear Mi . Mered i t1 l:
The NC Division of Coastal Management has reviewed the above
referenced application for a Nationwide Permit dated June 18,
1992. Bagel upon our review, we have determined that the
proposed activity is located within an Area of Environmental
Concern (AEC).
Therefore, before you are eligible to receive a Nationwide
Permit from the Army Corps of Engineers, you must receive a CAMA
Permit from the North Carolina Division of Coastal Management for
the proposed activity. The State position on consistency of the
proposal with the North Carolina Coastal Management Program is
provided by the Division's CAMA Permit decision.
Please contact me or Ed Harrell at 1367 US 17 South,
Elizabeth City, NC 27909 or phone [phone] for information
and assistance with
R,nnr (, 8,,x ?m 1 1, •.11+rth ( itv, North (atulina )7100 1c1cphlmr 910 N;4 3901
An 1 11-11 Oi,r,Om1nity Affirmative Al tiom rmplnyrt
4
r
Mr. Bill Meredith
July 22, 1992
Page Two
applying for the required permit. Thank you for your
consideration.
Sincerely,
1156-
R • A,t44
David R. Griffin
District Manager
DRG/dc
cc: Steve Benton, Consistency Coordinator
NC Division of Coastal Management
Wilmington Dist:-ict Engineer
ATTN : CESAW•-CO-E
".Ohn Dorney, Water Quality Section
NC Division of Environmental Management
I
A
-31992
0
WETLANDS GROUP
WATER QUALITY SECTION
0 North Carolina Wildlife Resources Commission 0
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
TO: John R. Dorney,
Department of Environment, Health, and Natural Resources,
Division of Environmental Management
FROM: Richard B. Hamilton
Assistant Director
DATE: July 22, 1992
SUBJECT: Section 401 Water Quality Certification review, 92361, Mr.
Bill Meredith, Virginia Dare Trail, Head, Dare County.
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.G. 466 et seq.). The applicant has applied for a Nationwide Permit
under Section 404 and proposes to excavate a 12' x 6' x -2' pond in
wetlands for waterfowl. Approximately 144 square feet will be impacted
through excavation.
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 Policies and Guidelines for
Conservation of Wetlands and Aquatic Habitats, officially adopted by
the North Carolina Wildlife Resources Commission. A part of this
policy states that the NCWRC opposes any projects which individually or
cumulatively, result in degradation of the productivity of existing
fish and wildlife ecosystems. There is also suitable pond habitat
areas in the vicinity and loss of the type of wetlands proposed to be
dredged is not supported by this agency.
Thank you for the opportunity to review and comment on this
application. If we can provide further assistance please call on us.
cc: David Rowe, District 1 Wildlife Biologist