19930217 Ver 1_Complete File_19930524

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
April 26, 1993
IN Ht-FLY HthtH IU
Regulatory Branch
MAY J
Action ID. 199301779 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
Mr. Bernie I. Hall
Route 1, Box 170
Powells Point, North Carolina 27966
Dear Mr. Hall:
Please reference your February 9, 1993, onsite meeting with Mr. Raleigh
Bland of my staff, Mr. Charlie Hollis, your wetlands consultant, and
Messrs. Gary Lucks and Bud Brown of United Turf, and your subsequent request
of March 15, 1993, to undertake excavation and filling activities within
31,200 square feet (0.71 AC) of wetlands located above the headwaters onsite
your property located off the south side of S.R. 1111 (Spot Road),
approximately 1,500 linear feet east of the intersection of S.R. 1111 and U.S.
Highway 158, adjacent to an unnamed tributary to the Currituck Sound, Powells
Point, Currituck County, North Carolina. The purpose of the proposed project
is to relocate an existing ditch on the property and to block and abandon the
old ditch.
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.
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This verification will be valid for 2 years from the date of this letter
unless the NWP 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. Bland 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].
Enclosure
Copies Furnished (without enclosure):
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
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
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
Mr. Charlie Hollis
Regulatory Consultant
138 Green Forest Drive
Wilmington, North Carolina 28409
State of North Carolina
Department of Environment,
Health and Natural Resources • •
Division of Environmental Management
James B. Hunt; Jr., Governor O F= u F1
Jonathan B. Howes, , Secretary
A. Preston Howard, Jr., P.E., Director
June 1, 1993
Mr. Bernie Hall
Rt. 1, Box 170
Powell's Point, N.C. 27966
Dear Mr. Hall:
Subject: Proposed fill in Wetlands or Waters
Drainage ditch relocation
Currituck County
DEM Project # 93217
Upon review of your request for 401 Water Quality Certification to place fill
material in 0.71 acres of wetlands or waters which are tributary to Currituck Sound for
drainage ditch relocation located at SR 1111 in Currituck County, as described in your
submittal dated 15 March 1993, we have determined that the proposed fill can be
covered by General Water Quality Certification No. 2671 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' General Permit No. 26.
If you have any questions, please contact John Dorney at 919-733-1786.
Sincerelyl?,
A
1Preston Howard, Jr. E.
93217.Itr'.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional Office
Mr. John Dorney
Central Files
Charlie Hollis
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
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DEM ID: 9 32) 7 ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): 2 Co
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
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
ATTN: CESA,'-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONA
AND NATURAL RESOURCES P.O. Box 29535 Q
Raleigh, NC 27626-0535 i
ATTN: MR. JOHN DORNEY MR 15 1993 U
Telephone [phone] i
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO S.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIROIx"'N EN1 RMANA
PLEASE PRINT.
1. Owners Name: /1??2. 4?nr/? T fd?GG
2. Owners Address: 1<'6V7 / ;66X / 70 fa iv J--co 's PIP 1A,7 2 7 9G.
3. Owners Phone Number (Home): (Work): - 9/9 - y9/- kSG
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
L/S 1<74PGL/f
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b?//Lms?GiTIJN r(/C' 2flyD? 9/9'-392-??33
5. Location of work (MUST ATTACH MAP). County: (.3 tTVc iG
Nearest Town or City: owa-z(- is piiYf
Specific Location (Include road numbers, landmarks, etc.): v`"-ov r/f OF POT {?CGraD lS- ////?
6. Name of Closest Stream/River: Gy/?n iTV?ic ww0
7. River Basin:
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS H? YES [ ] NO [VJ-
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] ' NO [qIf yes, explain.

10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
Z D ,Q c rl ?'S
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 05y a-cve. (2 5/, 000 sq ;?f }
Drained:
Flooded:
Excavated: • /? a ?e 7, Z d o sq
Total Impacted: • 7/ ?t c rt-
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): P&vPei-es
?Lpc?4T? Exrs7 %??G 17RA/N?dGF DiYc/d ?yaAU?G -T? PeoP&-re-7-r1 I
141
La- /ZsVvfle-z 7,VVAI
1W0Q1Ny'41N /7" /N /TS =--X1517NG GOGI?77v/V Ngk/ D/TG/,/ ?QPl?/?OX /200 FEAT [oNG
13. Purpose of proposed work: /?7,g /?/va2/n/ DR?7?N/9G?" - /2EGO G ?T? D /7 cif iQ Lan/G S /D"
?I2o12T?/ L-! NE
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. ?"xI ST/sVG A1Tc/d oqVP P2a/ osSD V 17-6.Ad 04RE- /A/
-_/y?w D/TGK COJ?f5?2UGT1oN //77PA?G7"S -SSe7 nge-[-1 iyeazp &-4UA?L
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 speci or critical
habitat in the permit area that may be affected by the proposed project. Have you done so? YES [V? NO [ ]
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 f historic
properties in the permit area which may be affected by the proposed project? Have you done so? YES [VT 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 this project, attach copy.
E. What is land use of surrounding property? g P ny? va ern
F. If applicable, what is proposed method of sewage disposal? A
Owmer's Signature Date
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NATIONWIDE PERMIT NO. 26
PROPOSED DITCH RELOCATION
MR. BERNIE I. HALL
UNITED TURF
ROUTE 1, BOX 170
POWELL'S POINT NC 27966
MARCH 1993
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State of North Carolina ----- ;?
Department of Environment, lAealth, and Natural Resources
512 North Salisbury Street * Raleigh, North Carolina 27604
Jarnes R I-Iunt, Jr., Governor April 1, 1993 Jonathan B. Howes, Secretary
Mr. Bernie Hall
Route 1, Box 170
Powell's Point, NC 27966
RE: DEM ID# 93217, Nationwide Permit Application for an activity located in Currituck
County.
Dear Mr Hall:
The North Carolina Division of Coastal Management has reviewed the above referenced application
for a Nationwide Permit dated March 12, 1993 pursuant to Section 307 of the Coastal Zone Manage-
ment Act of 1972 as amended. Based upon our review, we have determined that so long as the
proposed activity is permitted by the U.S. Army Corps of Engineers it will be consistent with the
Currituck County land use plan and thus 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.
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
[phone] if you have any questions or need further assistance.
/--Sincerely, E
David R. Griffin
District Manager
DRG/dc
cc: Preston P. Pate, Jr.
Steve Benton, Consistency Coordinator
WilmiRgtcti?XDxttBpi?t?iFt tg rfi?TTl?z?Gi 1? tt nl???is?;??Jit yin WirtypR 444/Raleigh
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