HomeMy WebLinkAbout19930423 Ver 1_COMPLETE FILE_19930524DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
ROLINA 28402-1890
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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.
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+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
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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
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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
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F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
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