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
? I
Ato
?'?--
C?c
0
w ?
N
0