Loading...
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 w ntru ntrtn ?v 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: 1 (Joins lower right) 01-0 i BN r_ 2 Dt iC Du Sir ^- BN NhC Du Corolla,, (Joins sheet 17) C r8 • I ( I ? NeC G 5000 CZE Gt c C eSS i 1 ? S?v S Paves p re ?o cc4,9 lalx Ci/vu ? ? £s4. Sgm Ocea,- /?,'Jl 14 1l d; Oe ewt- 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 Arlene, aossi6 T alked with Date 7?fTf?3 Time ?• ?? p.m. l Of _ NU?ir?,cal l?'lar],1G ?]<(?cy„tt? Phone No. 7a?-S"D?Ib (Company) Re Firt(? u 'placed call Party called My message f-] reply 'e, N•W Party's message F1 reply n. Action or follow-up necessary Ide Refer to File Signed Fo,m OA 33 'Copyright 1970 Laurel Office Aids. Inc.. Bronxville. N.Y. PHON-E GONVERSATI.ON , RECORD I a.m. Talked with 00W; J, ov, Il Date -70Z/9 /!q 3 Time?K a-V p.m. Of •S• FiS at_ ??? ld ?i>L0L Phone No. rsac?i ??.?? (Company) Re -5 Ji N (-/ " ED", placed call F]Party called My message o reply /Vi) ?• ?; e?.t i??-- ncr N. ?A? Party's n message Er( reply 01 - Action or follow-up necessary N0V,,- Refer to EFile Signed