19920472 Ver 1_COMPLETE FILE_19920915

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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 September 15, 1992 A. Preston Howard, Jr., P.E.
William Jameseyl 7r aesngh aarryy t Acting Director
Box 1001
Stumpy Point, N.C. 27978
Dear Mr. Basnight:
RE: 401 Water Quality Certification for lot fill
DEM #k 92472
Dare County
The Division of Environmental Management has reviewed your
application for fill of about 3/4 acres of wetlands on your lot
on SR 1100 near Mann's Harbor. We cannot complete action on this
application until we receive seven copies of a map showing the
project location and wetlands on the site as well as a
description of the purpose of the fill. Please also show any
high ground on the property on the same map.
Until I receive this additional information, I will have to
consider this application incomplete and place it on
administrative hold. Please call me at 919-733-1786 if you have
any questions.
Sincerely,
qJ "hnR. Dorney
cc: Washington DEM Regional Office
Washington Field Office Corps of E7ineers
Central Files
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/571-4700 9 19/946-648 1 919/395-3900 919/896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
4
22SEPTEMM 1992
DEPT OF ENVIROMENTAL HEALTH AND NATURAL R:ESI
DIVISION OF.ENnIROMENTAL MANAGEMENT
53:2 NORTH SALISBURY STREET
RMAIMI.GH NORTHNGAROLIM 27604
DEAR MR. DORM$
SEP 51992 '
IN TO YOUR. 12TT t HTH SEPTEMBER 15S 1"2,,, I AN ENCLOSING
471 SEVEN I US 'OF A W. OF MY PROMTY AS REQUESTED,, THE AREA :
I WOULD LIKE TO FILL IS MARKED OFF IN THE CENTER OF THE PROPERTY.
AM THE. HIGH. ARM MM LOCATED AND MAREED OFF B Y THE ARMY CORP
9F` MNGI.
T'HIS'IS THIL GNLY PROPERTY I OWN IN STUMPY POINT AND EVENTUALLY
I WOULD, LIKE TO PUT A SMALL TRA B TH .AND LI,U*
I HAU NO INTENTIONS OF DADIIAGING ANZTHING OR BREAKING ANY LM.
I WANT TO.WOM WITH ALL AGENCIES IN TRTING TO BRING THIS MAT
TO A SATISFACTORY SOLUTION,.
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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 INDIVIDUA ION
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 Q Y N DIVISIO MAN
NC DEPA ME ENVIRONMENT,
AND AT
P . 0. BOX 29UALI CTI?NRALEIGH, 6-0535
ATTN: MR. JOHN DORNEY
Telephone [phone]
TH,
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:
2. OWNERS
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3. OWNERS PHONE NUMBER (HOME).7/ - ,3 :$ c (WORK): C6 TIZS,?
4. IF APPLICABLE: AGENT'S E OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
5. LOCATION OF PLANNED WORK (ATTACH MAP). COUNT'.
-
NEAREST TOWN OR CITY: N
SPECIFIC LOCATI,Q1N/QNC1 1)E 0 MBERS, LANDMARKS, ETC :
6. NAME OF CLOSEST STREAM/RIVER:
7. RIVER BASIN: IIV/14
- 71 "?T- S/1//Cr-/T r
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES [ ] NO K
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 THE U.S., INCLUDING
WETLANDS, LOCATED ON PROJECT SITE: 3/30/92

t
-2-
11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY
THE PROPOSED PROJECT:
FILLED:
DRAINED:
FLOODED:
EXCAVATED:
TOTAL IMPACTED:
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT F THE ELINEATION LINE.
D. IF A STORMWATER`MANAGEME PLAN IS REQUIRED FOR THIS PROJECT, ATTACH
COPY. /M „
E. WHAT IS LAND USE OF SURROUNDING PROPERTY? 1?Q5!(YQ??`i/??'
,,S-ED METHOD OF SEWAGE DISPOSAL?
F. IF APPLICABLE, WHAT IS PROYQ
e
QAA i
'S SIGNATURE DATE
'
12. DESC
Fil-L RIPTION OF PROPO$ED RK (ATT CH PLANS)''
h
13. PU1RP9 SE OF ,-PROP SED W RK:
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
ETLAND
CARRIED OUT IN?? TEL DS. AI,SO, OEMSS??h KEG T,0'Pt? IMI?
IMPACTS.
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 [ ]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD E 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 K] NO [ ]
RESPONSE FROM THE SHPO SHOULD BE FORWARDED T ORPS.
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 WETLANDS TO BE IMPACTED BY
PROJECT.

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W40RANDUM
r0: John Dorney
Planning Branch
SUBJECT:
WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (N/A-NOT APPLICABLE)***
PERMIT_YR:
APPLICANT NAME:
PROJECT_TYPE:
COE_#:
RCD_FROM CDA:
G OFFICE:
STREAM-CLASS:,
92
JAMES
FUTUR
APP
WARD
PERMIT NO : 0000472 COUNTY : DARM'''J,
B. BASNIGHT (AGAIN)
E USE PERMIT_TYPE : NW2'61 DOT_#:
DATE_FRM CDA: 08/18/92
RIVER AND_SUB_BASIN # : 14-6 j-/
STR_INDEX NO : 3o- 2. z- $
WL IMPACT? : (Y 'N
WL_REQUESTED:c2
HYDRO CNECV : Y/N
MITIGATION?: Y/N
MITIGATION SIZE:
WL_TYPE:
WL ACR EST?: Y/N
WL_SCORE(#):
MITIGATION TYPE:
IS WETLAND RATING SHEET ATTACHED?: Y/N
RECOMMENDATION ?( Circle One):.,,-CS
/
COMMENTS : '?Wg _-
n n n ?,

cc: Regional Office
Central Files

Department
Highway 1

rtate A ?1N ogrt?i Carwf,? alth
James G. Martin, Governor
William W. Cobey, Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Roger N. Schecter
Director
September 3, 1992
Mr. James B. Basnight
Box 1001
Stumpy Point, NC 27978
REFERENCE: DEM ID 92-472, Nationwide Permit Application for an activity located
in Dare County.
Dear Mr. Basnight:
The N.C. Division of 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.
Specifically, the proposal is inconsistent with the special development standards for the
Conservation Land Class in the 1987 Dare County Land Use Plan. These standards indicate
that:
"Development or alteration of land, including the construction of
single 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 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.
Route 6 Box 203, Flizaheth City, North Carolina 27909 Telephone [phone]
lira
nd Natural Resources
Carolina 27909
An Equal Opportunity Affirmative Action Employer
AV.
Mr. James B. Basnight
September 3, 1992
Page Two
We will be happy to reconsider our position should your proposal be modified such that
the project is no longer inconsistent with the above listed policies. Please feel free to contact
me at [phone] at your earliest convenience to discuss possible modifications or
alternatives.
If you disagree with our finding, you have the right to appeal our decision to the
Secretary, U.S. Department of Commerce, Washington, DC. The appeal must be filed within
30 days of receipt of this letter and must specifically address one of the following findings: that
although the project currently is inconsistent, it may be federally approved because (1) the
Federal Coastal Zone Management Act, or (2) is necessary in the interest of national security.
Mr. Steve Benton of the N.C. Division of Coastal Management in Raleigh is available to discuss
procedures and to provide assistance if needed in filing an appeal. He can be reached at (919)
733-2293.
Sincerely,
David R. Griffin
District Manager
DRG/kw
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
Water Quality Sec iv:xi . ,
NC Division of Environmental Management
VU ER
Received
Due
North Carolina Department of Cultural Resources
James G. Martin, Governor
Patric Dorsey, Secretary
?•a-cr?v?r?
b/S
psi r Ark n
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r;
NATIONWIDE 404 PERMIT REVIEW
APPLICANT:
Mr JB Basnight
Stumpy Point NC 27978 ld?N
Project Location: Dare County/Stumpy Point
Proposed Project: Permit fill dirton ,c. -)zaic- o(- przprr-fq, 59 11co
We have received the application for the above project from the
applicant/Division.of Environmental Management (circle one) and our
comments are noted below.
Additional information is needed (maps,
photographs, other).
No comment.
Signed , - &"'?
Date !o Z 3 Z--
cc: Wayne Wright, ACOE (if info requested)
109 East Jones Street • Raleigh, North Carolina 27601-2807
6 /
? 08 / 92 ? RECEIVED 15 1992
s/
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eNT'OP
QOM:. °. ? _ - TyF
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4RCH 3 ?g
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-37
l Q '
TO: 0'.a r)
?o k (co U
INSTANT REPLY
p?TAfIE ?
PRiD6!"??

?P

W TEA':".S
WATER
Please excuse this form. We thought you would prefer a speedy reply to a
formal letter. This is provided in response to your notification letter to
the U.S. Fish and Wildlife Service concerning Federally-listed endangered
and threatened species. This reply should be forwarded to the Corps of
Engineers Regulatory Branch. L 1, /? /?, /'
Re : F? a? I CJ ?.(m,-k ?,-
Nationwide Permit NuisWer/Proiec Nam
%, /9?11;1)
Date
Based on our records, there are no Federally-listed endangered or
threatened species which may occur within the project impact area.
The attached page(s) list(s) the Federally-listed species which
may occur within the project impact area.
_ If the proposed project will be removing pines greater than or equal
to 30 years of age in pine or pine/hardwood habitat, surveys should
be conducted for active red-cockaded woodpecker cavity trees in
appropriate' habitat within a 1/2 mile radius of project boundaries.
If red-cockaded woodpeckers are observed within the project area or
active cavity trees found, the project has the potential to
adversely affect the red-cockaded woodpecker, and you should contact
this office for further information.
The Service concurs that the proposed project is not likely to
adversely affect Federally-listed endangered or threatened species,
their formally designated critical habitat, or species currently
proposed for Federal listing under the Endangered Species Act, as
amended.
Staffing limitations prevent us from conducting a field inspection
of the project site. Therefore, we are unable to provide you with
site specific recommendations at this time.
Questions regarding the enclosed information should be directed to the Corps
of Engineers' regulatory staff member who is handling this project.
Biologi ate
CONCUR:,
Endangered Spec' s Date
Coordinator
I- W

A - ?e
REMISE) %kY 29, 1992
Dare Count,
Red--octaded woodpecker (Piroides tboreal i s ) - E
Roseate it?rn- Sterna duug
gailii dougallii) - E
(Charadrius melodus) - T
Bald eagle :Haliaeetus leucocephalus) - E
L?atheTi rr,' (Dermochelvs coriacea) - E
.?`--A°^ (Chelonia mvdas) - T
rise e r - 14d ?r+a--t;3r-t-1 e ( Ca r e t t a c a r e t t a) - T
(Lepidochelvs kempii) - E
American alligator (Alli„ato r missi:ssinpiensis) - T S/A+
(Amaranthus pumilus) - PT
Sea turtles when "in the water" and the shcrtnose stur"eon are under the
jurisdiction of the National Marine Fisheries Service and should be
contacted concerning your agency's responsibilities under Section 7 of the
Endangered Species Act. Their address is:
National Marine Fisheries Service
U.S. Lepartment of Commerce
f 9450 Koger Boulevard
J Duval Building
St. Petersburg, Florida 33702
There are species which, although not now listed or officially proposed for
listing as endangered or threatened, are under status review by the Service.
These "Candidate" (C1 and C2) species are not legally protected under the
Act, and are not subject to any of its provisions, including Section 7,
until they are formally proposed or listed as threatened or endangered. We
are providing the below list of candidate species which may occur within the
project area for the purpose of giving you advance notification. These
species may be listed in the future, at which time they will be protected
under the Act. In the meantime, we would appreciate anything you might do
for them.
Dune blue curls (Trichostema sp.) - C2
+Threatened/Similarity of Appearance