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HomeMy WebLinkAbout19920040 Ver 1_COMPLETE FILE_19920101 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 0 P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 3 O? IN REPLY REFER TO Regulatory Branch March 29, 1993 Action ID. 199301539 and Nationwide Permit No. 26 (Headwaters and Isolated Waters) Mr. Henry Winslow 2008 Asbury Drive Elizabeth City, North Carolina 27909 Dear Mr. Winslow: Please reference your August 31, 1992, meeting with Mrs. Laura Fogo of my staff on your property located east of U.S. 17, next to the Seventh Day Adventist Church, adjacent to Knobbs Creek, in Elizabeth City, 'gj County, North Carolina. The purpose of this meeting was to inspect your property for waters and wetlands subject to Department of the Army permitting authority. 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 was provided, pursuant to Section 404 of the Clean Water Act, for discharges of dredged or fill material into headwaters and isolated waters provided: a. the discharge does not cause the loss of more than 10 acres of waters of the United States; b. the permittee notifies the District Engineer if the discharge would cause the loss of waters of the United States greater than one acre in accordance with the "Notification" general condition. For discharges in special aquatic sites, including wetlands, the notification must also include a delineation of affected specific aquatic sites, including wetlands; and c. the discharge, including all attendant features, both temporary and permanent, is part of a single and complete project. You propose to place fill material (stumps and rootballs) on approximately 2,000 square feet (0.05 acre) of 404 wetlands within the northwest corner of an abandoned, naturalized borrow pit. 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, 1 410 .0e s .? -2- 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. As discussed, you should contact the following State agencies to obtain the required State authorizations prior to starting work: Mr. John Dorney, North Carolina Division of Environmental Management, telephone (919) 733-1786, 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, please contact Mrs. Fogo, at the Washington Regulatory Field Office, telephone (919) 975-3609. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure Copies Furnished (without enclosure): Mr. Richard Watts Division of Coastal Management North Carolina Department of Environment, Health, and Natural Resources 1367 U. S. 17 South Elizabeth City, North Carolina 27909 Mr. John Parker North Carolina Department of Environment, Healr-h 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. Richard Peed Division of Land Resources North Carolina Department of Environment Health, and Natural Resources Post Office Box 2188 Washington, North Carolina 27889 tv. uvaaia LviaacY Planning Branch DIVISION OF ENVIRONMENTAL MANAGEMENT CANA MAJOR PERMIT APPLICATION REVIEW WaRO PROJECT REVIEWER: SAWYER PERMIT YR: 92 PERMIT NO.: PROJECT NAME: PROJECT TYPE : 12d a,?, COE #: v DOT#: RCD FROM CDA: DCM WQ SUPERVISOR: THOR E DATE: D.g/ l? ,F ICE TRACKING HO COUNTY Q F PERMIT TYPE: CAMA "REG OFFICE: WaRO RIVER *STREAM OR ADJACENT WATER BODY: CLASS: *OPEN OR CLOSED: DATE FROM AND SUB BAS STREAM INDEX WL IMPACT : #?46 WL TYPE: WL REQUESTED: WL ACR EST: HYDRO CNECT?: WL SCORE: MITIGATION: MITIGATION TYPE: MITIGATION SIZE: RATING SHEET ATTACHED?: RECOMMENDATION: ISSU ISSUE/COND DENY STORMWATER PLAN REQ'D: IF YES, DATE APPROVED: PROJECT DESCRIPTION: P 02-4? WATER QUALITY CERT. (401) CERT. REQ'D: IF YES, TYP : -X-* 1?4 .641-992 /&--- SEWAGE DISPOSAL U- _? 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: quo • IS FILL ELIMINATING A SIGNIFICANT USE? DREDGING IS DREDGING ACTIVITY EXPECTED TO CA S SIGNIFICANT LOSS OF RESOURCE? .IS SPOIL DISPOSAL ADEQUATELY ADD S MARINA ARE THE FOLLOWING ADEQUATELY ADDRESSE SEWAGE DISPOSAL: MARINA SERVIC v/T OXYGENINBASIN: CLOSURE OF SHELLF SHIN WATERS: Page Two N.?"1'K1C1 i(7NS V v . A cc: Central Files Washington Regional Office Files DCM-John Parker Elizabeth City Morehead City Washington COE:Washington Field office ..SVITI 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 William W. Cobey, Jr., Secretary April 30, 1992 Henry Winslow 2008 Ashbury Drive Elizabeth City, North Carolina 27909 Dear Mr. Winslow: Subject: Proposed Fill in Wetlands Road Crossing Pasquotank County DEM Project 92040 George T Everett, Ph.D. Director Upon review of your request for Water Quality Certification. to place fill material in 0.11 acres of wetlands for road crossing located at SR 1169 and Ashbury Drive in Pasquotank County, we have determined that the proposed fill can be covered by General Water Quality Certification No. 2666 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. 14. If you have any questions, please contact John Dorney at 919/733-1786 or 919/733-1787. Sincerely, o ge T. Everett ,7TE : 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 704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-0481 919/395 3(XX) Winston-Salem 919/89('}7007 Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 276260535 Telephone 919-733 701 5 A,, Equal Opp)nunity Altimiat.- Aaiun f-.m p6 rvcr A01 DEM ID: ACTION ID: JOINT APPLICATION FORM FOR e NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE DISTR n? NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION C R D V °` NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CE CATIONt MAR 2 7 1992 WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING _ • CORPS OF ENGINEERS DIVISION OF ENVIRONMENT Mh=-_411T, YSECT DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRO SECIi;_..... P.O. BOX 1890 AND NATURAL RESOURCES - WILMINGTON, NC 28402-1890 P.O. BOX 29535 ATTN: CESAW-CO-E RALEIGH, NC 27626-0535 Telephone (919) 251-4511 ATTN: MR. JOHN DORNEY Telephone (919) 733-5083 ONE (1) COPY OF--CIS COMPLETED APPLICATION SHOULD BE SENT TO THE CO J?f` / C-"ELrRS:-SEVEN (7) COPIES SHOULD BE SEN RPS OF ENVIRONMENTAL MANAGEMENT. PLEASE PRINT, T TO THE N.C. DIVISION OF 99 1. OWNERS NAME: vv- y //J, 2. OWNERS ADDRESS: e f'n L, 3. OWNERS PHONE NUMBER (HOME): 3 3L _ j ( :f ? (WORK): 4. IF APPLICABLE: AGENT'S NAME OR RE PONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: ?/A ?. l 5. LOCATION OF PLANNED WORK (ATTACH MAP). COUNTY: r NEAREST TOWN OR CITY: - - ?? SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, L NDMARKS, ETC 6, NAME OF CLOSEST STREAM/RIVER: 7. RIVER BASIN: e'? Z . 8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW, WS I, OR WS II? YES [ ] NO [ ] 9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [ ] NO [ v1 IF YES, EXPLAIN. 10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: c ? 2/3/92 -2- 11. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT: FILLED: QV da r?. DRAINED: FLOODED: EXCAVATED: TOTAL IMPACTED: 12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): 13. PURPOSE OF PROPOSED WORK: 1'7?hn Yid N, 1 14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS. /110 G P ; , Al , - , i - _ _ _ . 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 [ j NO [ ] RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE ATTACHED. 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 [ j RESPONSE FROM THE SHPO SHOULD BE ATTACHED. 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. C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. D. IF A STOR14WATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH COPY. , Purl a E. WHAT IS LAND USE OF SURROUNDING PROPERTY? P j S /a A r- 4- -rel h AtI ,U F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? e OWNER'S SIGNATURE L%f 13 - ?1 DA INFORMATION SHEET NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE DISTRICT ENGINEER NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION A. NOTIFICATION TO THE CORPS OF ENGINEERS DISTRICT ENGINEER. (REFER TO ITEM B. BELOW FOR DIVISION OF ENVIRONMENTAL MANAGEMENT NOTIFICATION REQUIREMENTS AND SPECIFICALLY NOTE NWP 26 DIFFERENCE.) Certain nationwide permits require notification to the Corps of Engineers before work can proceed. They are as follows: NWP 5 (only for discharges of 10 to 25 cubic yards) NWP 7 NWP 13 (only for stabilization activities in excess of 500 feet in length or greater than an average of one cubic yard per running foot) NWP 14 (only for fills in special aquatic sites, including wetlands, and must include a delineation of affected special aquatic sites) NWP 17 NWP 18 (required when discharge exceeds 10 cubic yards or the discharge is in a special aquatic site and must include a delineation of the affected special aquatic site, including wetlands) NWP 21 (must include a delineation of affected special aquatic sites, including wetlands) NWP 26 (only for greater than 1 acre total impacts and must include a delineation of affected special aquatic sites, including wetlands) NWP 33 (must include a restoration plan of reasonable measures to avoid and minimize impacts to aquatic resources) NWP 37 NWP 38 (must include a delineation of affected special aquatic sites, including wetlands) For activities that may be authorized by the above listed nationwide permits that require notification, the applicant shall not begin work a. Until notified that the work may proceed under the nationwide permit with any special conditions imposed by the District Engineer, or b. If notified that an individual permit may be required, or c. Unless 30 days (calendar) have passed from the time a complete notification is received by the District Engineer and no notice has been received from the District Engineer, and required state approvals have been obtained. Required state approvals include: 1) a Section 401 water quality certification if authorization is requested for a discharge of dredged or fill material, and 2) an approved coastal zone management consistency determination if the activity will affect the coastal area. 2/3/92 1W -2- Use of NWP 12 also requires notification to the District Engineer, but work may not begin until written concurrence is received from the District Engineer. The time periods described above do not apply. Furthermore, requirements to notify the U.S. Fish and Wildlife Service (USFWS), the National Marine Fisheries Service (NMFS), and the State Historic Preservation Office (SHPO), as indicated below and on the notification form, do not apply. B. REQUEST TO DEM FOR NATIONWIDE PERMIT SECTION 401 GENERAL CERTIFICATION CONCURRENCE OR INDIVIDUAL SECTION 401 CERTIFICATION. Certain nationwide permits were denied general 401 certification by the State of North Carolina and, thus, require individual Section 401 water quality certifications. They are NWP 6, NWP 17, NWP 21, and NWP 34. Certain nationwide permits have general certifications, but require concurrence from the N.C. Division of Environmental Management that the general certification applies to a proposed action. They are NWP 7, NWP 12, NWP 13, NWP 14, NWP 15, NWP 16, NWP 18, NWP 26 (if greater than 1/3 acre total impact), NWP 33, NWP 38, and NWP 40. NWP 23 requires only that the applicant notify DEM. C. APPLICATION PROCEDURES. The attached form should be used to obtain approval from the Corps of Engineers and/or the N.C. Division of Environmental Management as specified above. The applicant should make sure that all necessary information is provided in order to avoid delays. One copy of the application is required by the Corps of Engineers and seven copies are required by DEM. Plans must be on 8 1/2 x 11 inch paper. Endangered species requirement: Applicant must notify the U.S. Fish and Wildlife Service and/or the National Marine Fisheries Service regarding the presence of endangered species that may be affected by the proposed project. 66 e Sc r (Ap-Q S U.S. FISH AND"VILDLIFE SERVICE NATIONAL MARINE FISHERIES SERVICE \ 0 RALEIGH FIELD OFFICE HABITAT CONSERV P.O. BOX 26 ATION DIVISION 7 337 PIVERS ISLAND R LEIGH, NC 270,16-3726 BEAUFORT NC r?? r ?19- 9SCo - `?U ? 2 516 _ d Historic resources re 7?g ?g requirement: Applicant must notify the State Historic Preservation Office regarding the presence of historic properties that X may be affected by the proposed project. STATE HISTORIC PRESERVATION OFFICE- N.C. DIVISION OF ARCHIVES AND HISTORY 109 EAST JONES STREET ,133- /171 3 RALEIGH, NC 27601 (919) 733-4763 Information obtained from then cies should be provided with application. PASQIj oTq ??' Nk R??ER N a ?4 ? .r F ? ,, h v oo -A.MAR 2 71992 LLWA=TEWETLANDS GRo,,jp 40 , fl) y h I v V ?_J`CJ?C??' cry! ? 3l / C?c w ? N 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 March 19, 1992 George T. Everett, Ph.D. William W. Cobey, Jr., Secretary Director Mr. & Mrs. Henry Winslow 2008 Asbury Drive Elizabeth City, North Carolina 27909 Dear Mr. & Mrs Winslow: RE: Winslow Road Crossing, Pasquotank County DEM. Project # 92040 On March 17, 1992, I received an application from you for a 401 Water Quality Certification for your project entitled Winslow Road. Crossing at Elizabeth City in Pasquotank County. Our existing regulations (15A NCAC 2H .0501 (a)) require that all applicants for 401 Certifications submit seven complete copies of 401 Applications. These copies must be supplied by the Division of Environmental Management to various state and Federal agencies as specified in the same regulations. Having copies available for simultaneous review by other agencies will reduce the overall processing time for your permit application. In the past, we have not enforced this requirement and have seen processing time slowed significantly. Therefore, please send six additional copies of your 401 Certification application so we can initiate the comprehensive review required by our rules. I am unable to do this copying since there are numerous applications with this problem and our regulations state that the applicant must supply these copies. If you have any questions, please call me at 919/733-1786. Vnc rely yours, vk? R. Dorney JRD/kls cc: Wilmington District Corps of Engineers Corps of Engineers Washington Regional Office Washington DEM Regional Office Division of Coastal Management, Raleigh John R. Dorney REGIONALOFFICES Central Files Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem 704/251-6208 919/486-1541 704/663-1699 919/733-2314 919/946-6481 919/395-3900 919/896-7007 Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer .L N ? _( PgsQLJOTq NK RIVER . 1 a ti b M b^. o 00 ? 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