19930664 Ver 1_COMPLETE FILE_19930805

State of North Carolina
Department of Environment, FFMAI
Health and Natural Resources A 4 •
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, , Secretary
C
A. Preston Howard, Jr., P.E., Director
October 12, 1993
Mr. Ralph Bray
c/o Mr. Charlie Hollis
138 Green Forest Drive
Wilmington, N.C. 28409
Dear Mr. Bray:
Subject: Proposed fill in Wetlands or Waters
Residential lot fill
Currituck County
DEM Project # 93835
Upon review of your request for 401 Water Quality Certification
to place fill material in 0.37 acres of wetlands or waters which are
tributary to Currituck Sound for development located at SR 1111 in
Currituck County as described in your submittal dated 4 August 1993,
we have determined that the proposed fill can be covered by General
Water Quality Certification No. 2671. A copy of the General
Certification is attached. This Certification may be used in
qualifying for coverage under Corps of Engineers' Nationwide Permit
No. 26. If the ultimate land use of the property is commercial or
industrial, written approval must be obtained from DEM for a
stormwater management plan to include a wet detention pond.
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 eston Howard, J . P.E.
93835.1tr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional Office
Mr. John Dorney
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources A[4*e
Division of Environmental Management
James B. Hunt, Jr., Governor p H N F1
Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director
October 12, 1993
Mr. Ralph Bray
c/o Mr. Charlie Hollis
138 Green Forest Drive
Wilmington, N.C. 28409
Dear Mr. Bray:
Subject: Proposed fill in Wetlands or Waters
Residential lot fill
Currituck County
DEM Project # 93835
Upon review of your request for 401 Water Quality Certification
to place fill material in 0.37 acres of wetlands or waters which are
tributary to Currituck Sound for development located at SR 1111 in
Currituck County as described in your submittal dated 4 August 1993,
we have determined that the proposed fill can be covered by General
Water Quality Certification No. 2671. A copy of the General
Certification is attached. This Certification may be used in
qualifying for coverage under Corps of Engineers' Nationwide Permit
No. 26. If the ultimate land use of the property is commercial or
industrial, written approval must be obtained from DEM for a
stormwater management plan to include a wet detention pond.
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 eston Howard, J P.E.
93835.1tr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional Office
Mr. John Dorney
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
0 ?? _
dJ'MEMORANDUM PRINT NAMES:
Reviewer:
?G-r---?-
TO : Johr. Derney frdO Supv. __--
Planning Branch DATE: OZ
SI'BJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLIC:ABT,E )
PERI'VIT YR• 93 PERMIT NO: 00006114 C0TJNTY: '.? ?'RRT11.tf
-
APPLI CAITT NAM ' : RALr-1H B1:1 -\1
PROJECT TYPE: COMMERCIAL FILL ? PERMIT TYPE:
COE 199303428 TV-T #
R.CD FROM
CDA : APP I)ATE FRM CPA : 08/04/93
_
R.EG -)I F i CE : . WA 'D p n _
RIVER L Z T N I N
# : PAS Sr'?
lilT J? ?i-?^d? _
STRE.AIM-CLASS : SC?- STR_INDE: _NO: 30
WL_IMPACI' ? : 01J, WT --TYPE
WL_REQUES ED : ' 3l0c WL,_ ACR_EST? : `J!I
fnzL SCORE (# ). fnzATEP. IMPACTED EY FILL ? . Y./N
HYDROCNECT? : Y, : MITIGATION':. Y/lli
MITIGATTON 'H'YPE:
MITIGATION? SIZE:
!E! WETLAND RATING ."EEE.I` ATTACHED? : Y/P:
RECC?NL:EPTDA'T ON (Circle- One): C---DF IC `UE/Ct'T3L` UE)1`
COTv;?v'E?NTS

CC : Region,=-).l Office
Central File
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
August 10, 1993
Mr. Ralph Bray
c/o Charlie Hollis
138 Green Forest Drive
Wilmington, NC 28409
?EHNR

RE: DEM ID# 93664, Nationwide Permit Application for an activity located in Currituck
County.
Dear Mr. Bray:
The North Carolina Division of Coastal Management has reviewed the above referenced application
for a Nationwide Permit dated July 31, 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:
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 issues a permit authorizing the fill as proposed.
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 the at
[phone] if you have any questions or need further assistance.
Sincerely,
David R. Griffin
DRG/dc District Manager
cc: Preston P. Pate, Jr. Wilmington District Engineer; ATTN: CESAW-CO-E
1367 6t6Yf7§8W9E6aY8Wfl ', k8A(ft is 2 R 6rQ§WN*b1 FAX [phone]
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 5
WILMINGTON, NORTH CAROLINA 28402-1890 `
July 27, 1993 _ ?rx
IN REPLY HFFEF1 70
Regulatory Branch
Action ID. 199303428 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
Mr. Ralph Bray
c/o Mr. Charlie Hollis
138 Green Forest Drive
Wilmington, North Carolina 28409
Dear Mr. Bray:
Please reference the onsite meeting on April 10, 1593, between Mr. Raleigh
Bland of my staff and your Regulatory Consultant, Mr. Charlie Hollis, and your
subsequent request of July 1, 1993, for Department of the Army authorization
to place fill material within 0.-37 acre of 404 wetlands located above the
Headwaters on your property located off the east side of U.S. Highway 158,
adjacent an unnamed tributary to the Currituck Sound, Powells Point, Currituck
County, North Carolina. The proposed fill will facilitate commercial
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 was provided, pursuant to Section 404 of the Clean Water Act,
for discharges of dredged or fill material into headwaters and isolated waters
provided:
a. The discharge does not cause the loss of more than 10 acres of waters
of the United States;
b. -The permittee notifies the District Engineer if the discharge would
cause the loss of waters of the United States greater than one acre in
accordance with the "Notification" general condition. For discharges in
special aquatic sites, including wetlands, the notification must also include
a delineation of affected specific aquatic sites, including wetlands; and
c. The discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project.
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.
?T
-2-
r
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 with Mr, Hollis onsite, 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 [phone], and Mr. Steve Benton, North Carolina Division of
Coastal Management, telephone [phone].
Thank you for your time and cooperation. Questions or comments may be
addressed to Mr. Raleigh Bland, Washington Field Office, Regulatory Branch,
telephone [phone].
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
Mr. 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
.ic, R,.r r wv\?c 's f rP4J ., •.?- 41' u *, l l e,9 a Nc o?
N,.V- "e- Lkot"L ?t4\?,
DEM ID: ACTION ID: 0 ?Sj Q4
Nationwide Permit Requested (Provide Nationwide Permit #): s
JOINT FORM FOR J?rWal?
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certcat on
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
ATM: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL
NC DEPARTMENT OF ENVIROND
AND NATURAL RESOURCES
P.O. Box 29535
Raleigh, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone]
- 4 ,1s 3
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE C b?p???O?F E (5, ERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: Y2 Q4LP+4 FRiq
2. Owners Address: `-/O
3. Owners Phone Number (Home):
4. If Applicable: Agent's name or i
CMG! ?
W-Nff" E /101-0
LL/ 5 / $CG fJG?O W
(Work):
corporate official, address, phone number:
S
W ILrw N T-
?? ?KI ojg?yo
5. Location of work (MUST ATTACH MAP). County: - Cv Kee i -rve-«
Nearest Town or City: fro w Ez? 5 PO 1,A!
Specific Location (Include road numbers, landmarks, etc.):-_ (n ASV - S7 /p45
S
k4o y /S8
?o v y-r1 7 ? SPo T ?o ??D ? 1 / I I
6. Name of Closest Stream/River:
7. River Basin: /,Invse?i7z?c?c
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS -H? YES [ J NO
9. Have any Section 404 permits been previously requested for use on this property? YES [ J NO [tom'
If yes, explain.
10. Estimated total number of acres of waters of tthee?U.S., including wetlands, located on project site:
(37 o-c-v-e s
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 3 czores
Drained:
Flooded:
Excavated:
Total Impacted: t 3 Ot- GV-P- 5
s- I
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only):
13. Purpose of proposed work:
14. State reasons why the applicant believes
taken to minimize wetland impacts.
must be carried out in wetlands. Also, q measures
m a l l ahee?? o Cc u V" ?Vt i d,d l e-
15. You are required to contact the U.S. FA and Wildlife Service (USFWS) and/or National Marine Fisheries Service
(NMFS) regarding the presence or any Federally listed or proposed for listing endangered orthreatened species or critical
habitat in the permit area that may be affected by the proposed project. Have you done so? YES[ ] NO[
J
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 [ ) 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 sheets relevant to the placement of the
delineation line.
D. If a stormwater management plan is required for rolect, attach copy.
E. What is land use of surrounding property? - "a
F. If applicable, what is proposed method of sewage disposal?
O?L- La:. 'Owner's Signature Date
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