19930756 Ver 1_COMPLETE FILE_19930909

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS NOV 9
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
WETLANDS GROUP
IN REPLY REFER TO November 1, 1993 WATER IiALIIYSEI?TION
Regulatory Branch
Action ID. 199304482 and Nationwide Permit No. 18 (Minor Discharges)
Mr. Jim C. Johnson, Refuge Manager
Alligator River National Wildlife Refuge
Post Office Box 1969
Manteo, North Carolina 27954
Dear Mr. Johnson:
Reference your application received September 2, 1993, for Department of
the Army authorization to place fill material in 0.02 acre of 404 wetlands on
property owned by the Alligator River National Wildlife Refuge, located near
the intersection of Milltail Road and U.S. Highway 64, adjacent a roadside
canal and Milltail Creek, in the community of East Lake, Dare County, North
Carolina. The proposed fill will facilitate construction of a parking area for
refuge visitors.
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 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 nationwide
permit, 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.
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions. This
nationwide permit does not relieve you of the responsibility to obtain any
required State or local approval.
• 4 %!`..
P
DEPARTMENT OF THE ARMY U WILMINGTON DISTRICT, CORPS OF ENGINEERS NOV 9 l9Q
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
WETLANDS GROUP
IN REPLY REFER TO November 1, 1993
Regulatory Branch
Action ID. 199304482 and Nationwide Permit No. 18 (Minor Discharges)
Mr. Jim C. Johnson, Refuge Manager
Alligator River National Wildlife Refuge
Post Office Box 1969
Manteo, North Carolina 27954
Dear Mr. Johnson:
Reference your application received September 2, 1993, for Department of
the Army authorization to place fill material in 0.02 acre of 404 wetlands on
property owned by the Alligator River National Wildlife Refuge, located near
the intersection of Milltail Road and U.S. Highway 64, adjacent a roadside
canal and Milltail Creek, in the community of East Lake, Dare County, North
Carolina. The proposed fill will facilitate construction of a r
refuge visitors.
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 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 nationwide
permit, 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.
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions. This
nationwide permit does not relieve you of the responsibility to obtain any
required State or local approval.
-2-
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 nationwide permit authorization is reissued without modification or the
activity complies with any subsequent modification of the nationwide permit
authorization. If during the 2 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.
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 [phone],
and Mr. Steve Benton, North Carolina Division of Coastal Management, telephone
[phone].
Questions or comments may be addressed to Mr. Raleigh Bland, Washington
Regulatory Field Office, Regulatory Branch, telephone [phone].
Sincerely,
0. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
Mr. John Parker Mr. David Griffin, District Manager
North Carolina Department of Elizabeth City Regional Office
Environment, Health and North Carolina Division of
Natural Resources Coastal Management
Post Office Box 27687 1367 U.S. 17 South
Raleigh, North Carolina 27611-7687 Elizabeth City, North Carolina 27909
m l• 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
State of North Carolina
Department of Environment, RIFFMA,
Health and Natural Resources • •
4W
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, , Secretary
ID E H N F?
A. Preston Howard, Jr., P.E., Director
September 9, 1993
Jim Johnson, Refuge Manager
Alligator River NWR
P.O. Box 1969
Manteo, N.C. 27954
Dear Mr. Johnson:
Subject: Proposed fill in Wetlands or Waters
Parking lot construction
Dare County
DEM Project # 93756
Upon review of your request for 401 Water Quality Certification
to place fill material in 0.02 acres of wetlands or waters which are
tributary to Milltail Creek for parking lot construction located at
Milltail Road and US 64 in Dare County as described in your submittal
dated 3 September 1993, we have determined that the proposed fill can
be covered by General Water Quality Certification No. 2733. 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.
If you have any questions, please contact John Dorney at 919-733-
1786.
Sincerely,
A. reston Ho?, r P.E.
93756.1tr
Attachment
cc: Wilmington District orps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional, Office
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

DEM ID: 0 6
40 1ASA
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT f): f
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 [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMEN
NC DEPARTMENT OF ENVIR N7
AND NATURAL RESOUR
P.O. BOX 29535
RALEIGH, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone]
T
•
1993
SEP -3
W Tl?iNDS GROtI?
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4
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME : iqL b6 ,q T D)Z P-? y e rL N W P -
2. OWNERS ADDRESS: V. O
3. OWNERS PHONE NUMBER (HOME): (WORK):
% ?? T 7 3 " 13
4. IF APPLICABLE: ZIGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: =M 77D I1 AlSad_)_?i'fA4//`NIQeS:E-Ae
5. LOCATION OF WORK (MUST ATTACH MAP). COUNTY:
NEAREST TOWN OR CITY: -V-'M-57 L)+F <E
SPECIFIC LOCATION (INCLUQE ROAD NUMBERS, LANDMARKS, EIC.):
6. NAME OF CLOSEST STREAM/RIVER: Xi lllk Z ef-cel r
7. RIVER BASIN: f-f LLII'f Tex- fJ'r,
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES' [ ) NO [ ]
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES (. NO ( ) I
IF YES, EXPLAIN. 10 g'rl.- n -a
ww?{,? ( c' ale-/
10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING
WETLANDS, LOCATED ON PROJECT SITE: i fR-e
1/14/93

-2-
11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY
THE PROPOSED PROJECTS
FILLED:
DRAINED:
FLOODED:
EXCAVATED:
TOTAL IMPACTED:
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS-8 1/2" X 11" DRAWINGS ONLY):
- CC A/ 5'fQ L4 n+ Q n.a.7? ji- . . , ? ^ - n
13.
PURPOSE OF PROPOSED Wnnw.
ivy
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. 7/_ w ,e iy? p n,a ti "&/f

1S. 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 NO [ I
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 (V1 NO ( j
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. w of 1`}N? GQ f° f lea f Dv? I?DIJ? 10,
L?C? 2 per,
B. IF AVAILABLD, REPRESENTATIVE PHOTOGRAPH OF WEETLANDS TO BE IMPACTED BY
PROJECT. No-t ?y?gj?ifL?e
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. ?N? by C? rp S .
D. IF A STORMWATER MANAGEME T PLAN IS REQUIRED FOR THIS PROJECT, ATTACH
COPY. A/0 7 X +e, a-i rca
E. WHAT IS LAND USE OF SURROUNDING PROPERTY? C_ONSer 9;oW1' c
-OAJ
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
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