HomeMy WebLinkAbout19930500 Ver 1_COMPLETE FILE_19930611State of North Carolina
Department of Environment,
Health and Natural Resources XT•
•
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, , Secretary
1:3 E F1
A. Preston Howard, Jr., P.E., Director
June 18, 1993
Iniz M. Hammer & Juanita R. Trogden
c/o Dennis Margnardt, Atty.
P.O. Drawer 189
1007 Shepard Street
Morehead City, N.C. 28557
Dear Ms. Hammer & Trogden:
Subject: Proposed fill in Wetlands or Waters
Minor road crossing
Carteret County
DEM Project # 93500
Upon review of your request for 401 Water Quality Certification to place fill material in
0.1 acres of wetlands or waters which are tributary to Sandy Huss Creek for road crossing for
a subdivision located at SR 1321 in Carteret County, as described in your submittal dated 8
June 1993, we have determined that the proposed fill can be covered by General Water
Quality Certification No. 2732 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. An additional conditional is that deed restrictions shall
be placed in all lots in the Hidden Harbor Subdivision with jurisdictional wetlands to prevent
additional fill. The State of N.C. shall be listed as a beneficiary of the restrictions which shall
run with the property.
If you have any questions, please contact John Dorney at 919-733-1786.
Sincerely,
93500.Itr
Attachment
Howard, Jr.
1600"Y""
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
Mr. John Dorney
Central Files
Ronald Cullipher; Stroud Engineering
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Branch
July 9, 1993
Action ID. 199302839 and Nationwide Permit No. 14 (Road Crossing)
Inez M. Hammer &
Juanita R. Trogden
c/o Mr. Dennis Marguardt, Atty.
Post Office Drawer 189
Morehead City, North Carolina 28557
Dear Ms. Hammer & Ms. Trogden:
Gtfvu?'
Y 5EU 10
Reference your application of June 14, 1993, for Department of the Army
(DA) authorization to place fill material in wetlands of Sandy Huss
Creek/Adams Creek to construct an 85 feet long by 50 feet wide street crossing
to gain access to a new parking lot at your property located off 4-H Road (SR
1321) 1.8 miles NW of the intersection of SR 1321 and SR 1318 near Merrimon,
-Carteret County,' North Carolina.
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 of 1899
and Section 404 of the Clean Water Act, was provided for fills for roads
crossing waters of the United States (including wetlands and other special
aquatic sites) provided:
a. The width of the fill is limited to the minimum necessary for the
actual crossing;
b. The fill placed in waters of the United States is limited to a filled
area of no more than one-third acre. Furthermore, no more than a total of 200
linear feet of the fill for the roadway can occur in special aquatic sites,
including wetlands;
c. The crossing is culverted, bridged or otherwise designed to prevent
the restriction of, and to withstand, expected highflows and the movement of
aquatic organisms;
d. The crossing, including all attendant features, both temporary and
permanent, is part of a single and complete project for crossing of a water of
the United States; and
e. For fills in special aquatic sites, including wetlands, the permittee
notifies the District Engineer (DE) in accordance with the "Notification"
general condition.
-2-
Your work is authorized by this nationwide permit provided it is accomplished
in strict accordance with the enclosed conditions and provided you receive a
Section 401 water quality certification from the North Carolina Division of
Environmental Management (NCDEM) and, in the coastal area, a consistency
determination from the North Carolina Division of Coastal Management (NCDCM).
You should contact Mr. John Dorney, telephone (919) 733-1786, regarding water
quality certification, and Mr. Steve Benton, telephone (919) 733-2293,
regarding consistency determination. This nationwide permit does not relieve
you of the responsibility to obtain other required State or local approval.
This verification will be valid for two years from the date of this
letter unless the nationwide authorization is modified, reissued or revoked.
Also, this verification will remain valid for the two 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 two 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 twelve 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.
Questions or comments may be addressed to Mr. Scott McLendon, Wilmington
Area Field office, Regulatory Branch, telephone (919) 251-4725.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
-3-
Copies Furnished (without enclosure):
Mr. Steve Benton
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
!,Mf . 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. Charles Jones
Morehead City Regional Office
North Carolina Division
of Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Mr. Jim Gregson
North Carolina Division of
Environmental Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
"Tz a
State of North Carolina
4t2 319
Department of Environment, Health, and Natural Resources
Division of Coastal Management
3441 Arendell Street 0 Morehead City, North Carolina 28557
June 22, 1993
James B. Hunt, Jr., Governor Roger N. Schecter
Jonathan B. Howes, Secretary Director
Carolina Land, Inc.
Attn: Dean Scarafoni
P.O. Box 6055
Wilmington, N.C. 28403
RE: COE ID #199302839, Nationwide Permit Application for an activity located
adjacent to Sandy Huss Creek near the community of Merrimon in Carteret County (Iniz
Hammer & Juanita Trogden property).
Dear Mr. Scarafoni:
The North Carolina Division of Coastal Management has reviewed the above referenced application for
a Nationwide Permit dated 6/9/93. Based upon our review, we have determined that a portion of the
proposed development for this tract of land 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 at the Division of Coastal Management, P. O. Box 769, Morehead City, NC 28557,
Telephone (919) 726-7021, Ext. 263, for information and assistance with applying for the required
permit. Thank you for your consideration.
Sincerely,
C
Charles S. Jones
District Manager
CSJ/dh
cc: Preston Pate
David Noble
Scott McLendon, COE
Ron Cullipher, Stroud Engineering
Dennis Marquardt, Atty.
John Dorney, DEM
P.O. Box 769 Morehead City, N.C. 28557 • Telephone 919-726-70210 Fax 919-247-3330
An Equal Opportunity Affirmative Action Employer
INFORMATION SHEET
NATIONWIDE PERMITS TEAT REQUIRE NOTIFICATION TO T8E CORPS OF ENGINEERS ?
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
' NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
I
A. NOTIFICATION TO THE CORPS OF ENGINEERS DISTRICT ENGINEER.I (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 Corp
before work can proceed.. They are as follows (? n
NWP 5 (only for discharges of 10 to 25 cubic yards) D L5 U ?U?i
JUN U 19W, NWP 7
NWP 13 (only for stabilization activities in excess of 00 ND GRO
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'aiiist include a delineation of the affected
special aquatic site, including wetlands)
NWP 21 (must include'a delineation of affected special aquatic sites, ,
including wetlands) ?I
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 restorationlplan 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 in individual permit.. may0.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.
3/30/92
-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 17, NWP 21, and NWP 34.
Certain nationwide permits have general•certificitions, but require
concurrence from the N.C. Division of Environmental Management, that the
general certification applies to a proposed action.. They'lare NWP 6, NWP 7,
NWP 12, FW? 13, NWP 14, NWP 15y 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: For Corps of Engineers notifications only,
applicants 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.
U.S. FISH AND WILDLIFE SERVICE NATIONAL MARINE FISHERIES SERVICE
RAUIGH FIELD OFFICE HABITAT CONSERVATION DIVISION tl
P.O. BOX 33726 FIVERS ISLAND
RALEIGH, NC 27636-3726 BEAUFORT, NC -28516...
,Telephone (919) 856-4520 Telephone (919) 728-5090
Historic resources requirement: For orps of Engineers notifications only,
applicants must notify the State Historic Preservation,Office regarding. the
presence of historic properties that-may be affected by the proposed project.
STATE HISTORIC PRESERVATION OFFICE
N.C. DIVISION OF ARCHIVES AND HISTORY
109 EAST JONES'STREET
RALEIGH, NC 27601
(919) 733-4763
Information obtained from these agencies should be forwarded to the Corps.
a
DEM ID:
ACTION ID:
NATIONWIDE PERMIT APPLIED FOR (PROVIDE NATIONWIDE PERMIT #):
h„
JOINT APPLrcATION 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 (919) 251-4511
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
C DEPARTMENT OF ENVIRONMENT, HEAtTH,
r AND NATURAL RESOURCES
P.O. BOX 29535
RALEIGH, NC" 2'75261-6 s
ATTN: MR. JOHN DORNEY
Telephone (919) 733-5083
ONE (1) COPY OF THIS COMPLETED, APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD Bk_SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT. -.-
1. OWNERS NAME: Iniz M. Hammer & Juanita R. Trogden
.2. OWNERS ADDRESS: c/o Dennis Marquardt, Atty.
P.O. Drawer 189, 1007 Shepard Street
Morehead City, North Carolina 28557
3. OWNERS PHONE NUMBER (HOME): (WORK): (919) 726-41
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL,, ADDRESS,.
PHONE NUMBER: Carolina Land, Inc.
Attn: Dean Scarafoni
P.O. Box 6055
Wilmington North Carolina 2840 1-800-497-526'1
5. LOCATION OF PLANNED WORK (ATTACH MAP). COUNTY: Carteret
NEAREST TOWN OR CITY: Merrimon
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): 4-H Road'(SR
1321) 1.8 miles NW of intersection of SR 1321 and SR' 18
6. NAME OF CLOSEST STREAM/RIVER: Sandy Huss Creek/Adams Creek
T. RIVER BASIN: Neuse kiver
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES [X] NO
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES
IF YES, EXPLAIN.,
10.' ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING
WETLANDS, LOCATED ON'PROJECT SITE: 4.88 AC Iq
3/30/92
?r
-2-
11. NUMBER OF ACRES OF. WATERS . OF THE ,..IXOLV.OI)?Ca „WETLANDS, IMPACTED BY
THE PROPOSED PROJECT: ?.,,.
FILLED: 0.10 acres
DRAINED:
FLOODED:
EXCAVATED : IIII
TOTAL IMPACTED: 0.10 acres
12. DESCRIPTION OF PROPOSED WORK' (ATTACH PLANS):. Street crossing (85 linear.
feet x 50 feet wide) requested..
13. PURPOSE OF PROPOSED WORK: Gain access throught wetlands to uplands:-
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE'WETLAND
IMPACTS. Need to cross isolated w_etlands'wocket to Provide parking for
adiacent common access lot
1S. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE I?
(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? I YES" (X J NO [ ]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD 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 [X] NO [ ]
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 WETLANDS TO BE IMPACTED BY
PROJECT.
i
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT,.INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT 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? Rural.
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
Individual septic system permits for 27 lots
.. .? 4 91 3
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93500
/5\ STROUD ENGINEERING, P.A.
HESTRON PLAZA ONE June 8, 1993
SUITE 102
MOREHEAD CITY, NORTH CAROLINA 28557
(919) 247-7479
Mr. John Dorney
N.C. Division of Environmental Management
N.C. Dept, of Environment, Health, & Natural Resources
P.O. Box 29535
Raleigh, North Carolina 27626-0535
Mr. Scott McClendon
Corps of Engineers
Department of the Army " I U 1yjw
P.O. Box 1890
Wilmington, North Carolina 28402-1890
RE: NWP 14
Hidden Harbor Subdivision
Merrimon, Carteret County
Dear Gentlemen,
Please find enclosed street crossing request for your review .
andproc.ess.i,ng. If I can provide any additional information
please let me know. ...
Sincerely,
Ronald D. Cullipher, P.E.
RDC/kw
cc: Dave Adkins, Wilmington Regional Office
P.O. BOX 2697
107 COMMERCE ST. HESTRON PLAZA ONE 2400 N. CROATAN HWY.
SUITE B SUITE 102 SUITE B
GREENVILLE, NC 27858 MOREHEAD CITY, NC 28557 KILL DEVIL HILLS, NC 27948,
(919) 756-9352 (919) 247-7479 (919) 441-4081
STROUD ENGINEERING, P.A.
HESTRON PLAZA ONE
SUITE 102
MOREHEAD CITY, NORTH CAROLINA 28557
(919) 247-7479
U.S. Fish and wildlife Service
Raleigh Field Office
P.O. Box 33726
Raleigh, North Carolina 27636-3726
NMFS
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
N.C. Division of Archives and History
State Historic Preservation Office
109 East Jones Street
Raleigh, North Carolina 27601
RE: NWP 14 Request
Hidden Harbor Subdivision
Merrimon, Carteret County
Dear Agencies,
In accordance with applicable
this letter as notification of our
Engineers to construct a 85 linear
road crossing through wetlands.
A copy of our application pac
information. If I can provide any
let me know.
June 8, 1993
JUN 0 1993
WETLANDS GROUP
WATER UAQ LITY SECTION
requirements please utilize
request to NCDEM and Corps of
feet x 50 feet maximum width
kage is enclosed for your
additional information please
Sincerely,
C Jllr'?
Ronald D. Cullipher, P.E.
RDC/kw
cc: John Dorney, NCDEM ... ?,
Scott McClendon, U.S. Army Corps of Engineers
107 COMMERCE ST.
SUITE B
GREENVILLE, NC 27858
(919) 756-9352
HESTRON PLAZA ONE
SUITE 102
MOREHEAD CITY, NC 28557
(919) 247-7479
P.O: BOX 2697
2400 N. CROATAN HWY.
SUITE B
KILL DEVIL HILLS, NC 27948
(919) 441-4081
r
s
INFORMATION SHEET
NATIONWIDE PERMITS THAT, REQUIRE NOTIFICATION TO 1;10 CORPS OF ENGINEERS
NATIONWIDE PERMITS WHAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS TEAT REQUIRE INDIVIDUAL sa' ION 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 Cor
before work can proceed.. They are as follows J
NWP 5 (only for discharges of 10 to 25 cubic yards) Qply
UN 1 01993
NWP 7 J
L
NWP 13 (only for stab'ilization' activities in excess o Sf O WETLANDS GROUP
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 aniet 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 restorationfplan of reasonable measures to avoid
and minimize impacts to aquatic resources)
NWP 3 7
NWP 38 (must include a delineation of affected special aquatic sites,
including wetlands)
z._
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 pay 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 j.'.
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.
3/30/92
, - e
-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,, w .
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 17, NWP 21, and NWP 34.
Certain nationwide permits have general•certifications, but require` "
concurrence from the N.C. Division of Environmental Managen)ent•that the
general certification applies to a proposed action. They'1are NWP 6, NWP 7,
NWP 12, FWP 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: For Corps of Engineers notifications only,
applicants must notify the U.S. Fie4,and Wildlife Service and/or the National
Marine Fisheries Service regarding the presence of endangered species that may
be affected by the proposed project.
U.S. FISH AND WILDLIFE SERVICE NATIONAL MARINE FISHERIES SERVICE
RALE.IGH-FIELD OFFICE HABITAT CONSERVATION DIVISION
P.O. BOX 33726 PIVERS ISLAND
RALEIGH, NC 27636-3726 BEAUFORT, NC 28,516
,,r,
,Telephone (919) 856-4520 Telephone (919) 728-5090
Historic resources requirement: For orps of Engineers notifications only,
applicants must notify the State Historic Preservation,Office regarding the
presence of historic properties that--may be affected by the proposed project.
STATE HISTORIC PRESERVATION OFFICE
N.C. DIVISION OF ARCHIVES AND HISTORY
109 EAST JONES STREET
RALEIGH, NC 27601
(919) 733-4763
Information obtained from these agencies should be forwarded to the Corps.
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
h
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF THE ARMY C DEPARTMENT OF ENVIRO at -ffijj
r
P:O. BOX 1890
. AND NATURAL RESOURC
WILMINGTON, NC' 28402-1890 P.O. BOX 29535 Q
ATTN: CESAW-CO-E RALEIGH, NC =27626-0535
Telephone (919) 251-4511 ATTN: MR. JOHN DORNEY 1 0 199
Li
Telephone (919) 733-508
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO E' WETLANDS GROUP
cft ITY SECTION
1
ENGINEERS. SEVEN (7) COPIES SHOULD
Bk..,SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME: Iniz M. Hammer & Juanita R. Trogden
.2. OWNERS ADDRESS: c/o Dennis Marquardt, Atty.
P.O. Drawer 189, 1007 Shepard Street ?. 1
Morehead City, North Carolina 28557
3. OWNERS PHONE NUMBER (HOME): (WORK): (919) 726-4114
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: _Carolina Land, Inc.
Attn: Dean Scarafoni
P.O. Box 6055
Wilmington North Carolina 2840 1-800-497-5263
5. LOCATION OF PLANNED WORK (ATTACH MAP). COUNTY: Carteret
NEAREST TOWN -01k
CITY: Merrimon -.. . ,:.. ,..
.
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): 4-H Road '(SR
1321) 1.8 miles NW of intersection of SR 1321 and R'1318,
6. NAME OF CLOSEST STREAM/RIVER: _ Sandy Huss Creek/Adams Creek
7. RIVER BASIN: Neuse River
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT,''SA; HQW,-ORW,
WS I, OR WS II? YES [XI NO [ j
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ j NO [XI ?I
IF YES, EXPLAIN.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING
WETLANDS, LOCATED ON PROJECT SITE: 4.88 AC 111!1,
3/30/92
I ? ,
-2-
11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY
THE PROPOSED PROJECT:
FILLED: 0.10 acres
DRAINED:
FLOODED:
EXCAVATED : ?Nl I 1
TOTAL IMPACTED: 0.10 acres
12. DESCRIPTION OF PROPOSED WORK'(ATTACH PLANS): Street crossing (85 linear.
,.feet x 50 feet wide)_reguested
13. PURPOSE OF PROPOSED WORK: Gain access throught wetlands to uplands''
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED" OUT '.IN WETLANDS.. ALSO, NOTE MEASURES. TAKEN -TO, MINIM ZE ' WETLAND
IMPACTS. Need to cross isolated wetlands Docket to provide parking for
adiacent common access lot
1S. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE , III PRESENCE
OR ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED
SPECIES OR CRITICAL HABITAT IN THE,PE IT AREA THAT.MAY BE.AFFECTED BY THE
PROPOSED PROJECT. HAVE YOU DONE SO? YES [X ]' NO [ ]
RESPONSES FROM THE USFWS AND-/01C S SHOULD 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 [X] NO [ )
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 WETLANDS TO BE IMPACTED BY
PROJECT.
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT,. INCLUDE ALL DATA,$HEETS
RELEVANT TO THE PLACEMENT 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? Rural.
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
Individual septic system permits for 7 1otG. "
'S SIGNATURE
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Copies Furnished:
John Dorney
/Water Quality Section
Division of Environmental
Management
North Carolina Department of
Environment, Health, and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
No. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726-
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section - Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division
of Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO October 1, 1993
Regulatory Branch
Action ID No. 199304695
Ms. Inez M. Hammer
and Ms. Juanita R. Trogden
c/o Mr. Dennis Marquardt
Post Office Drawer 189
1007 Shepard Street
Morehead City, North Carolina 28557
Dear Ms. Hammer and Ms. Trogden:
On February 11, 1991, we renewed general permit No. CESAW-C080-N-000-0291
(copy enclosed), which provides Federal authorization for construction
activities that receive authorization from the State of North Carolina.
A review of your application received September 21, 1993, for Department
of the Army authorization to construct a ten (10) boatslip community dock on
Sandy Huss Creek, Hidden Harbor Subdivision, Merrimon, 'Yet County, North
Carolina, indicates it to be a candidate for Federal authorization under this
general permit. Accordingly, the administrative processing of your
application will be accomplished by the North Carolina Division of Coastal
Management. Comments from Federal review agencies will be furnished to the
State.
If your application must be withdrawn from this general permit process for
any reason, you will be informed regarding its further management. If there
are no unresolved differences in State-Federal positions or policies, the
final action taken on your application by the State will result in your
receiving written notice from us that your application is consistent with the
general permit and you may commence your activity. Only after receiving such
confirmation should you becrin work.
Your application, pursuant to Section 10, has been assigned Action ID No.
199304695 and will be coordinated by Mr. Scott McLendon in our Wilmington
Field Office. He is available at telephone (919) 251-4725.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
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Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
415" John Dorney
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Mr. Thomas Welborn, Chief
U.S. Environmental Protection
Agency - Region IV
Wetlands Section
Water Quality Branch
345 Courtland Street
Atlanta, Georgia 30365
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division
of Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
October 27, 1993
IN REPLY REI-EK (U
Regulatory Branch
Action ID No. 199304695
Mr. John Parker
Division of Coastal Management
North Carolina Department of Environment,
Health, and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Parker:
NOV - 31993
Reference the application of Ms. Inez M. Hammer and Ms. Juanita R.
Trogden for a Department of the Army permit to construct a ten (10) boatslip
community dock on Sandy Huss Creek, Hidden Harbor Subdivision, Merrimon,
Carteret County, North Carolina. .
The Federal agencies have completed review of the proposal as presented
by the application and your field investigation report.
We recommend that the following conditions be included in the State
authorization:
a. All work authorized by this permit must be performed in strict
compliance with the permit plans.
b. No attempt will be made by the permittee to prevent the full and free
use by the public of all navigable waters at or adjacent to the authorized
work. Use of the permitted activity must not interfere with the public's
right to free navigation on all navigable waters of the United States.
c. The permittee must install and maintain, at his expense, any signal
lights and signals prescribed by the U.S. Coast Guard, through regulations or
otherwise, on authorized facilities.
d. The permittee will maintain the authorized work in good condition and
in conformance with the terms and conditions of this permit. The permittee is
not relieved of this requirement if he abandons the permitted activity without
having it transferred to a third party.
e. This Department of the Army permit does not obviate the need to
obtain other Federal, State, or local authorizations required by law.
f. This permit does not grant any property rights or exclusive
privileges.
Questions or comments may be addressed to Mr. Scott McLendon, Wilmington
Field Office, Regulatory Branch, telephone (919) 251-4725.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch