HomeMy WebLinkAbout19930626 Ver 1_COMPLETE FILE_19930523DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
September 2, 1993
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Regulatory Branch
Action ID. 199303424 and Nationwide Permit No. 18 (Minor Discharges)
Mr. Olin Finch
9 Sandy Ridge Road
Duck, North Carolina 27949
Dear Mr. Finch:
Reference your application received July 22, 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. 217, Ocean Hill, located off North Beach Access
Road, adjacent the Currituck Sound, Corolla, Currituck County, 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.
-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 may be addressed to Mr. Raleigh Bland, Washington
Regulatory Field Office, Regulatory Branch, telephone (919) 975-3694.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
-3-
Copies Furnished (without enclosure):
Mr. John Parker
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Ral-eigh, North Carolina 27611-7687
'4?Ir . 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
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
Mr. George Wood
Environmental Professionals, Inc.
122 Sir Walter Raleigh Drive
Kill Devil Hills, North Carolina 27948
State of North Carolina
Department of Environment,
Health and Natural Resources A14 tr-ee Division of Environmental Management
WOOM
James B. Hunt, Jr., Governor A
Jonathan B, Howes, , Secretary A. Preston Howard, Jr., RE., Director
September 1, 1993
Mr. Olin Finch
#9 Sandy Ridge Road
Duck, N.C. 27949
Dear Mr. Finch:
Subject: Proposed fill in Wetlands or Waters
Residential fill
Currituck County
DEM Project # 93626
Upon review of your request for 401 Water Quality Certification
to place fill material in 0.099 acres of wetlands or waters which are
tributary to Currituck Sound for residential lot fill located at North
Beach Access Road in Currituck County as described in your submittal
dated 21 July 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. This Certification replaces the
one mailed to you on 8-25-93.
If this Certification is unacceptable to you, you have the right
to an adjudicatory hearing upon written request within thirty (30)
days following receipt of this.Certification. This request must be in
the form of a written petition conforming to Chapter 150B of the North
Carolina General Statutes and filed with the Office of Administrative
Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. Unless such
demands are made, this Certification shall be final and binding.
If you have any questions, please contact John Dorney at 919-733-
1786.
Sincerely,
Jre.' Vston oward, r. P.E.
93626.1tr
Attachment
cc: Wilmington District arps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional Office
Central Files
George Wood; Environmental Professionals
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
State of North Carolina
Department of Environment,
Health and Natural Resources /Y.
Division of Environmental Management 'N
James B. Hunt, Jr., Governor C
Jonathan B. Howes, Secretary E H N F=1
A. Preston Howard, Jr., P.E., Director
August 24, 1993
Mr. Olin Finch
#9 Sandy Ridge Road
Duck, N.C. 27949
Dear Mr. Finch:
Subject: Proposed fill in Wetlands or Waters
Residential fill
Currituck County
DEM Project # 93626
Upon review of your re est for 401 Water Quality Certification
to place fill material in 0.99 acres of wetlands or waters which are
tributary to Currituck Sound for residential lot fill located at North
Beach Access Road in Currituck County as described in your submittal
dated 21 July 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 this Certification is unacceptable to you, you have the right
to an adjudicatory hearing upon written request within thirty (30)
days following receipt of this Certification. This request must be in
the form of a written petition conforming to Chapter 150B of the North
Carolina General Statutes and filed with the Office of Administrative
Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447.. Unless such
demands are made, this Certification shall be final and binding.
1786.
If you have any questions, please contact John Dorney at 919-733-
Sincerely,
P.Pston oward, J P.E.
93626.1tr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Offic
Washington DEM Regional Office
Central Files
George Wood; Environmental Professionals
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
q 3-a(e; ?,2?7
ME'<U DUM PRINT NAMES:
Reviewer: /_
TO: John Dorney WQ Supv.:- _K
Planning Branch DATE :
SUBJECT: WETLAND STAFF REPORT AND RECOMMFNDATIONS
***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) ***
PERMIT YR: 93 PERMIT NO: 0000626 COUNTY: CUP.RITUCK
APPLICANT NAME: OLIN FINCH
PROJECT-TYPE: RESIDENTIAL FILL PERMIT-TYPE: NS-118
COE_#: . DOT #:
RCD_FROM_CDA:
Ef7 F F I C E :
STREAM-CLASS: APP
;TARO
-,-- /3 DATE_FRM_CDA: 7//93\
RIVER-AND-SUB-BASIN-
STR_INDEX_NO: 5-7
WL_IMPACT?:6_y WL_TYPE:
bdL REQUESTED: / `6en, WL ACR EST? : YIN
WL SCORE(#): WATER IMPACTED BY FILL?: YIN
HYDRO CNECT?: YIN MITIGATION?: YIN
MITIGATION TYPE: MITIGATION SIZE:
IS WETLAND RATING SHEET ATTACHED?: YIN
RECOMMENDATION (Ci cle One) • ?SSUE/COND DENY
COMMENTS :
190
i.
cc,: Regional Office
Central Files
tate of North Carolina
epartment of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
July 27, 1993
Mr. Olin Finch
#9 Sandy Ridge Road
Duck, NC 27949
EJ E
-INR
JUL 2 8 1993
,; L WETLANDS GROUP
V/aTCO AN IAI ITV nrnr,nu C
RE: Action 1D#199303424, Nationwide Permit Application for an activity located in
Currituck County.
Dear Mr. Finch:
The North Carolina Division of Coastal Management has reviewed the above referenced application
for a Nationwide Permit dated July 17, 1993 pursuant to Section 307 of the Coastal Zone Manage-
ment Act of 1972 as amended. Based upon our review, we have determined that the proposed
activity is consistent with the North Carolina Coastal Management Program provided the following
conditions are met:
1. The activity described in the above referenced application qualifies to receive one of
the Nationwide Permits described in 33 CFR Part 330 with the exception of Numbers
17, 21, 24, and 34 which were found inconsistent with the North Carolina Coastal
Management Program.
2.
A 401 Water Quality Certification is received, where required, from the North
Carolina Division of Environmental Management.
3
The US Army Corps of Engineers will permit the proposed fill of an inland wetland as
characterized in the Currituck County land use plan.
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 (AX 919-733-1495
An Equal opportunity Affirmative Action Employer 60% recycled/ 10% post-consurner paper
r ..%
Page 2
Finch
This letter does not relieve you of the responsibility to insure that all other State authorization and/or
permit requirements are met prior to implementation of the project. Please feel free to contact me at
(919) 264-3901 if you have any questions or need further assistance.
---Sincerely,
David R. Griffin
DRG/dc District Manager
cc: Preston P. Pate, Jr.
Steve Benton, Consistency Coordinator
Wilmington District Engineer; ATTN: CESAW-CO-E
Raleigh Bland, Corps of Engineers Washington Office
i
DEM ID: 93/v % ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT fl : -?
JOINT FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFfCATION TO THE CORPS OF ENGINEERS
NATIONWIDE PERMITS THAT REQUIRE APPLICATION FOR 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
4
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,..
AND NATURAL RESOD
P.O. BOX 29535
RALEIGH, NC 27626-05
ATTN. MR. JOHN DORN
Telephone (919) 733- ?`U 2 1'?1993
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. D
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME: 0,1IyL 4- if L./l..
2. OWNERS ADDRESS:
d
3. OWNERS PHONE NUMBER ( HOME) : ?g?? I -8T IO (WORK) t
4. IF APPLICABLEt AGENT'S NAME
PHONE NUMBER: ?KViYertr»1,e
SIBLE CORPORATE OFFICIAL, ADDRESS,
5. LOCATION OF WORK (MUST ATTACH MAP). COUNTY: ` u ??%'??t
NEAREST TOWN OR CITY:
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS,--LANDMARKS, ETC.)t
6. NAME OF CLOSEST STREAM/RIVER: tO!
7. RIVER BASIN: WA
8. IS THIS PROJECT LOCATED IN A WATERS7 CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES ( J NO (
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS ..
PROPERTY? YES ( ) NO
IF YES, EXPLAIN.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING
WETLANDS, LOCATED ON PROJECT SITE: d,ra
1/14/93
-2-
,S
11. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT:
FILLED: DRAINED:
FLOODED:
EXCAVATED:
TOTAL IMPACTED: .6 4'q Atlrt
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS) :
oF,T ry? vr?M 1-44k- Cilc/IM S;
3R' 13. PURPOSE OF PROPOSED WORK: yG Si res i alr t
?l e.*e 1.-omgm, 6
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND"
IMPACTS. 1adds 'g re Sg?; G?.h?dt- of r'itz, }.....• .?.,..,?: -
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING'THE PRESENCE
OR ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED.-
SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY.THE .
PROPOSED PROJECT. HAVE YOU DONE SO? YES [?r NO [ )
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE ATTACHED.''
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA'WHICH
MAY BE AFFECTED BY THE PROPOSED PROJECT?
HAVE YOU DONE SO? YES [?r NO [ ]
RESPONSE FROM THE SHPO SHOULD BE ATTACHED.
17. ADDITIONAL INFORMATION REQUIRED BY DEM:
A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND LAKES ON
THE PROPERTY. - " ' . ° , .
B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PROJECT.
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA.SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT., ATTACH
COPY. 11 1
E. WHAT IS LAND USE OF SURROUNDING PROPERTY? RXS:dG.tL:?tl .mod
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?```'
. .?,.?,? , ??--7//7/_3
OWNER'S GNATURE DATE
WETLAND I)I:TI;RMINATION FOIZ14
COORDI:NA'1'UR:_6,S, j 'CLME: DATL: /f COUNTY:
---
NE.ARE:ST TOWN: WATERWAY:
QUAD:` LOCATION: ,---..._.._._ -------
PRUPGR'IY OWNI:K: (NAI11:/ADDItI:SS) t'ARTY 1)U1NC!WORK: ((NAME/ADDRESS)
l?llUN1::
O'IHE.R LNDIV.IDUALS ----
IS PROPERTY UNIFORM --? OR SP,PARATE DISCRETE VEGETATIVE UNITS
VEGH'TATLUN: (IN ORDER O DOMINANCE, DRAW LINE ABOVE NUN-DOMINANT SPECIES)
TREES: SPECLISS---% COVER---INDICATOR GROUND COVER: SPECLES % COVER-INDICATOR
2.-?`auardvS VliyltVltu/?--.Z?av (?(, I-AA rptiow spp
3. Q11I Md/d?G r'tt brC ? i ?. y lc,?tt k- S?o?v
3.
4. 4.
5. 5.
SAPL L_NGS/SHRUBS : 6
1. jot rS_ . ION ?.%, fcw 7
3• WOODY VINES:
4. 1 • Sn?: I wt- 4"- fwz
5. 2. rZA" ruh tjWt.
% OF DOMINANT SPEC.O. S (OBL.- LAC. )-L fAUTI•iliR INDICATORS:
HYDROPHYTIC VEGETATION: YES NO ,/- BASIS:
TYPICAL: /(COMPLETE; BELOW) ATYPICAL: i-(COMPLE'.1'I BACK)
SOIL:
ON HYDRIC SOILS LIST: YES NO
MOTI'LED: YES NO - 7 MATRIX COLOR: Q HYDRIC SOILS: YES NO-y/
HYDROLOGY:
INUNDATED: YES NU _/ _ DLPT i OF WATHlt: N !_?
SATURATED SOILS _YES _NO_?_ urii 'co SATURAT.[ON/WATER TA13LE
OTHER INDICATORS:
WETLAND HYDROLOGY: YE.S NO`-- BASIS: ATYPICAL SITUATION: YES NO / NORMAL CONDITIONS: YES?NO_-r
WETLAND DETERMINATION: WETLAND: NON-14ETLAND:
PHOTOS TAKEN: YES NO / AUTHORITY: 10 404 10/404 NONE
JURISDICTION: ABOVE HEADWATERS ISOLATED ADJACENT NWP ?l
DETERMINED BY:a?"?(??? I??t-?----
WB'1'LAND UP,TE MINATION FOR14
COORDINATOR:_6Qend TIML:: k2_:61 DATE: j_6,1._L?_1_f3COUNTY:
NEAREST TOWN: -? WATE'RWAY & _--
QUAD: ____ __DDLOCATION:
PROP?:R''Y OWNER: (NAI11'/ARSS) - -- 1.'AR'I'Y DOING WORK: (NAME/ADDRESS) -
?n?c?r_?d?e,e??-lss>!•??i.?,aarzl?_?-?--
-It
-?z?,le-
---?->J1[ I.___
I110Nl:: %Joe > ? - ?Y?14_..------- ---- _.?.PHONl.: 3?-----------
OT'HER LNDIV.LDUALS I?RLS1;N'C:_?IJQY_?5?--.-.--------------------- ------
IS 11R01?ERTY UNIFORM -? OR SP.PARATE DISCRETE VEGETATIVE UNITS
VLGETA'1LON: (1N O1(DER OF DOMINANCL:, DRAW LINE ABOVE NUN-DOMINANT SPECIES)
rl(LE.S: SPECL!'S---% COVER--INDICATOR GROUND COVER: SPECIE'S-% COVER-INDICATOR
i• J r a•? z ?-o?o F
_i • A4cr'rakr^*r%_
z .9441y 4; yra- 520 06L 2 ?p ? erns I o1v 1:0
3. 3•
4. 4.
5. S.
SAPLINGS/SHRUBS: U•
1 • J-vA- • frrmd e v mS /DA, F 7.
2. 8.
3. WOODY VINES:
4. 1 • Sw?: bona- Kd.? F
5. 2.
% O DOMINANT ;I?I'CI'L5 (011L.- FAG.' 74 UTHLiR INDICATORS: -i_-- --_--
HYDROPHYT'IC VEGE'T'ATION: YES;1NO - BASIS:
TYL'LCAL: COMPLETE' 13BLOW) ATYPICAL:-_(COMPLETl;" BACK)
SOIL:
SERIES: HYDRIC SOILS LIST: YES /NO
MOTTLED: YES 1_NO MATRIX COLOR: HYDRIC SOILS: YES NO
BASIS:
__!i--------------- ------ ------------- ---
HYDROLOGY:
INUNDATL'D: YES NO /_ DEPTH Of WATER: NIA
SATURATED SOILS , YL:SZ_NO _ DEPTH TO SA RATION/WATER TABLE- Z jp a _
OTHER INDICATORS:
WETLAND HYDROLOGY: Y1,9N?__ BASIS:
ATYPICAL SITUATION: YES NO ? NORMAL CONDITIONS: YESZNO
WETLAND DETERMINATION: WETLAND: NUN-WETLAND:
11I10TOS TAKEN: YES_ _NO / AUTHORITY: 10 404 10/404 NONE
JURISDICTION: ABOVE HEADWATERS ISOLATED ADJACL'NT NWP /
DETERMINED BY:
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L. CROSS SECTION
KT,S,
FILL FOR LOT W OCEAN FILL
-UCK, NORTH CAROLINA
:D BY FINCH AND TWIDDY
.Y 15, 1993
V='M
ENVIRONMENTAL PROFESSIONALS, INC,
Planning for a better environment
(919) 441-0239
122 SIR WALTER RALEIGH DRIVE • KILL DEVIL HILLS, NORTH CAROLINA 2 1948
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