19930933 Ver 1_COMPLETE FILE_19931105

State of North Carolina
Department of Environment,
Health and Natural Resources • •
Division of Environmental Management
NOV&
James B. Hunt, Governor
? E H N Fl
Jonathan B. Howes, , Secretary
A. Preston Howard, Jr., P.E., Director
November 10, 1993
Woody Owens
c/o Jeff Newbern
P.O. Box 332
Powells Point, N.C. 27966
Dear Mr. Owens:
Subject: Proposed fill in Wetlands or Waters
Pond construction
Currituck County
DEM Project # 93933
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 Albemarle Sound for pond construction located at SR 1104
in Currituck County as described in your submittal dated 2 November
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.
1786.
If you have any questions, please contact John Dorney at 919-733-
Sincerely,
Vo?.ref ' sto Howar Jr. P.E.
93933.1tr
Attachment
cc: Wilmington District C 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
DEM ID: 9t,, ?
?? ACTI
Nationwide Permit Requested (Provide Nationwide Permit #): 18
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTA T
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIR ,
P.O. Box 1890 AND NATURAL RESOURCES
Wilmington, NC 28402-1890 P.O. Box 29535
ATTN: CESAW-CO-E Raleigh, NC 27626-0535 N?V
Telephone [phone] ATTN: MR. JOHN DORNEY
Telephone [phone] WEjEpNDS G?Ot1P
,L it SEC t 1(?I
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT T T1GINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIR ENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: Woody Owens
2. Owners Address: Harbinger
3. Owners Phone Number (Home): 919-491-8103 (Work):
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
Jeff Newbern
P.O. Box 332 Powells Point NC 27966
919-491-8103
5. Location of work (MUST ATTACH MAP). County: Cur r i t uc k
Nearest Town or City: Harbinger
Specific Location (Include road numbers, landmarks, etc.): off SR 1104
6. Name of ClosestStream/River: Albemarle Sound
7. River Basin: Albemarle Sound
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO ?K ]
9. Have any Section 404 permits been previously requested for use on this property?
If yes, explain. i1/A
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
Project Area = 2 -A.res
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
illed: 4,200 sq. ft.
Drained:
YES [ ] NO [X]
Flooded: . 0
Excavated: 0
Total Impacted: 4, 200 s q. f t. @ 1/10 Acre
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
December 13, 1993
IN REPLY REFER TO
Regulatory Branch
Action ID. 199400463 and Nationwide Permit No..-18 (Minor Discharges)
Mr. Woody Owens
Post Office Box 40
Harbinger, North Carolina 27941
Dear Mr. Owens:
DFC 2 21993
Please reference your October 27, 1993, onsite meeting with Mr. Raleigh
Bland of my staff and your subsequent application received November 1, 1993,
for Department of the Army authorization to place fill material in 0.10 acre
of 404 wetlands on your property located off S.R. 1104, adjacent the Albemarle
Sound, Harbinger, Currituck County, North Carolina. The proposed fill will
facilitate construction of a recreational pond on 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 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 (919)
733-1786, 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,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure