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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 r7IS SIGNATURE DATE AGENT pbg, p--AN sOARAMN( ? ? i1f1E ' rn ? z y?` xT ME•R R 5.4A•ffv i'NOry 1 \Z ? yo N CIO) -i \ SC .Row m Q ~ ?C V / 1 F,ng RD DR .ov -S ` 't ' ? : ® r fir.. ,? , •.? . i4 ya yCCII? V N? t-D kPI O-d ? x S i co m ? D = r W O ? O v ? • 10 , . Ati oM m 0.4 ? % a .12N y ` 02 cm . .. O . 41 ! O ?/ V 1 ? p zF aw za "w a a^j rAl ... h i I ? A ? I w I. W' d- aka _? i ? R0. iil, ? a 11 ?l II S ., a vt? •r . ?? I m 101 vi, -? Jam: 'C, , 404 ?. ? WL, a ; mQ -Oj ,?. ?J aoa x OV ?V. ??J as JIiQ L) ?I Q.0 CV) ?N m ° Lt 23121 i W 1 - ? s, / 1k; ° Ii b h 3 j? 04 N 04 N C6 `s. z ?p op p o, ?s os ; 2.! 0 J jz? W II Apo V ?QC< h a v ?Wa Q .o? Z: P ?u o a I: NN Q 0 z cr . O W Cl z iz w w J m H ' ? so . -? 0 ? n o a 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 AGENT AWL _b5A N s0gjZAFvN1 4 9193 DATE r " a ? Fes, ?. y( ? y ?. ; y .. ?b d i n co m 0 2 0 ;? _ ,? yr+ {{++ ?l ? ? ? ` v J L L , m N , - cz c , ?c N j .? :' c y S 1'IRC?TO'OCII \ _. ' ..? i .. r . . . .•? s' M 'r? rn ' . Y m ? ?', ? LAM \ 77- ' . i is ? ,:.•• ? 3`? .u11` 1 . I .. A e t?:=L? , k 4u ? m ?Y, e?G' N O Y: = al 41W?. F A#. . ft?¦1i RQ $$' ? ' ? l og :;? Og co 7.a e M b oo W tv ?o -3a a? co .0.4 ?? b W o COD ?> > tIj e? 1 Qi ®? ?.., e h?Q I Oe IF it- E CrJ Z LI% let r fA O x t' r???iiK d O M ?. 1e W o ?x?toa n .? gm PIP- • ?/?/ •j' fJ1 K " I V1 ? q }M.r , ? ? ? l0 ?. rl I i O U k ' r.Sc? . ? OD j tA I 53 ,o , m 6 ???? N I I , ^ I N: ?? I P4 ems- --,? Itt, 10 a° J 04 Q d p Otu 0 0 - II m O - C,, I l ZNZ w °•rp, CD I jl `?! 6 tit I I I ? ? O li \I Q ? I J 07 ? 114 Q ? 3 0 M 0 ;g N rn N? z O 0 0! 2 W uj V J Z Q Z In Ip J O II LAJ X114 l ? O ro 0 0 ? ?h 4 2 Z Ci o? 2?^ Ewa 0 z w 0 w z a w m d ?- :? C 7 .. -2- 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 -2- 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