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HomeMy WebLinkAbout19930423 Ver 1_COMPLETE FILE_19930524DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 ROLINA 28402-1890 ?VV ?°YVt o ??A tf I s ,1993 IN REPLY Khl-hH } W ?) I r, ` Regulatory Branch 9%, - y19 J, Action ID No. 199302506 Mr. Karl Hutchings Post Office Box 100 Alberta, Virginia 23821 Dear Mr. Hutchings: de.-Permit No. -14 (Road crossing) r^ Reference your application of August 25, 1993, for Department of the Army (DA) authorization to place fill material in 0.04 acre of wetlands adjacent to the Atlantic Ocean, Section 1, Lot No. 42, North Swan Beach, Corolla, (Turrituck County, North Carolina. For the purposes of the 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- +1 ` 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 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 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 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. Questions or comments may be addressed to Mr. Mickey Sugg, Washington Field Office, Regulatory Branch, telephone (919) 975-3609. 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 .Me---John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 29535 Raleigh, North Carolina 27626-0535 Mr. David Griffin Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 U.S. Highway 17 South Elizabeth City, North Carolina 27909 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 6, 1993 1 4 1993 in •. r -1:7? i Action ID. 199302506 and Nationwide Permit No. 18 (Minor Discharges) Mr. Karl Hutchings Post Office Box 100 Alberta, Virginia 23821 Dear Mr. Hutchings: Reference your application received May 17, 1993, for Department of the Army authorization to place fill material in 0.09 acre of 404 wetlands on your property identified as Lot No. 42, Section 1, North Swan Beach, located off Ocean Pearl Road, adjacent the Atlantic Ocean, Corolla, North Carolina. The proposed fill will facilitate residential development of the property. 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 (NWP). Authorization, pursuant to Section 10 of the Rivers and Harbors Act and Section 404-of the Clean Water Act, was provided for discharges of dredged or fill material into all waters-of the United States provided: a. The discharge does not exceed 25 cubic yards; b. The discharge will not cause the loss of more than 1/10 acre of a special aquatic site, including wetlands. For the purposes of this NWP, the acreage limitation includes the filled area plus special aquatic sites that are adversely affected by flooding and special aquatic sites that are drained so that they would no longer be a water of the United States as a result of the project; C. If the discharge exceeds 10 cubic yards or the discharge is in a special aquatic site, including wetlands, the permittee notifies the District Engineer in accordance with the "Notification" general condition. For discharges in special aquatic sites, including wetlands, the notification must also include a delineation of affected special aquatic sites, including wetlands' and; d. The discharge, including all attendant features, both temporary and permanent, is part of a single and complete project and is not placed for the purpose of stream diversion. r e -2- Your work is authorized by this NWP provided it is accomplished in strict accordance with the enclosed conditions. This NWP 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, the NWP authorization is reissued without modification or the activity complies with any subsequent modification of the NWP authorization. If during the 2 years, the NWP 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 NWP, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the NWP will remain authorized provided the activity is completed within 12 months of the date of the NWP'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. Questions or comments maybe addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, Regulatory Branch, telephone (919) 975-3694. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure Copies Furnished (without enclosure): Mr. John Parker North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. David Griffin, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 U.S. 17 South Elizabeth City, North Carolina 27909 "ohn 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 State of North Carolina Department of Environment, Health and Natural Resources • • Division of Environmental Management James B. -Hunt, Jr., Governor A dft a. Mdsft I Jonathan B. Howes, Secretary ID E" N A. Preston Howard, Jr., P.E., Director May 24, 1993 Mr. Karl Hutchings Post Office Box 100 Alberta, VA. 23821 Dear Mr. Hutchings: Subject: Proposed fill in Wetlands or Waters Residential lot fill Currituck County DEM Project # 93423 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 Atlantic Ocean for residential lot fill located at LOt 42, North Swan Beach in Currituck County, as described in your submittal dated 18 May, 1993, we have determined that the proposed fill can be covered by General Water Quality Certification No. 2733 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. 18. If you have any questions, please contact John Dorney at 919-733-1786. Sincerely, VL? reston Howard, Jr. P.E 93423.Itr Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington Regional Office Mr. John Dorney Central Files 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 -2- 11. NUMBER OF ACRES OF WATERS OF THE U.S., ING WETLANDS, IMPACTED BY PHE PROPOSED PROJECTS I FILLED: ? G. D RAINED: FLOODED: EXCAVATED: l TOTAL IMPACTED: t/?Q 2. DESCR T N PROPOSED WORK (ATTACH PLANS-8 1/2° 1" RAWINGS ONLY): Zl_ 3. PURPOSE F PRp kOSED WORK: t6r p:e paYa:koyN ?6yyj ? -t'io Y1 I. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE ,RRIED OUT IN W LA DS ALSO, NOTE M 5 %4 ASUR T N TO MINIMIZE WETLAND iPACTS. Mole Cla. 1'1 a -. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE 'SFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE ANY FEDERALLY LISTED OR PROPOSED FOR LISTING-ENDANGERED OR THREATENED ECIES OR CRITICAL HABITAT IN THE PERMIT AREA ?T?T MAY BE AFFECT D BY E-y?G -'),243 OPOSED PROJECT. HAVE YOU DONE SO? YES [V) NO [ ) f/r " RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO COR S. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER HPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH Y BE AFFECTED BY THE PROPOSED PROJECT? 43 HAVE YOU DONE SO? YES [villo NO [ ) 6? fDlj6yYt 12 RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS. r 5 a w ?1 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 STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH COPY. E. WHAT IS LAND USE OF SURROUNDING PROPERTY? 16. e?1aQ b e- Al I F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? loli l?? 9 3 OWNER'S SI NATURE DATE I GAROVq B ' NORTj? E4CH 1 V ??eEq?H :U I :a VICINITY OT 3 r i DO' TO R/W IEMONE ST. LOT 2 LOT 1 20' DRAINAGE EASEMENT N 06'00'00" W 100.00' 0 0 0 3 \?O LOT to 3 O -Poo 0?oy 41 o 0° to ?a c^ 15.000 S.F. 0. co 0 0\ `a; o o \ co 100.00' S 06'00'00" E OCEAN PEARL R( (UNIMPROVED) 100' R/W -nnn-nnal-nnni AO 1 LOT 19.130S .F. 11 e.ea' • . 21t6.98;f1/ ? I ?`Q,Zt1 FARO( Iloi, a 0 SEA! •; _ !•2677 r • I I ,IIIIfIfIfN11??, Z r. 0 0 LL do I W I z0 0 o ? 0 I f V