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HomeMy WebLinkAbout19930572 Ver 1_COMPLETE FILE_19930707DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 October 15, 1993 IN REPLY REFER TO Regulatory Branch WIT OF2 21993 Action ID No. 199302692 and Nationwide Permit No. 26 (Headwaters and Isolated Waters) Mr. Sanford M. Wooten Route 2, Box 261 NB Wallace, North Carolina 28466 Dear Mr. Wooten: Reference your application dated June 21, 1993, for Department of the Army (DA) authorization to place fill material in one acre of wetlands located in the headwaters of a tributary of Cypress Creek, off SR 1828, near the Cypress Creek community in Duplin County, North Carolina. 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. Your work is authorized by this nationwide permit provided it is accomplished in strict accordance with the enclosed conditions and provided you receive a Section 401 water quality certification from the North Carolina Division of Environmental Management (NCDEM). You should contact Mr. John Dorney, telephone (919) 733-1786, regarding this water quality certification. This NWP does not relieve you of the responsibility to obtain other 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 nationwide permit authorization is reissued without modification or the activity complies with any subsequent modification of the NWP authorization. If during the two 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. L -2- Questions or comments may be addressed to Mr. Jeff Richter, Wilmington Field Office, Regulatory Branch, telephone (919) 251-4636. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure Copies Furnished (without enclosure): Mr. Steve Benton North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 J Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 29535 Raleigh, North Carolina 27626-0535 Mr. Michael Sugg District Conservationist Duplin County Soil - Conservation Service Post Office Box 277 Kenansville, North Carolina 28349 Mr. Jim Gregson North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 DEPARTMENT OF THE ARMY `?? ?J~ !f WILMINGTON DISTRICT, CORPS OF ENGINEERS 1993 P.O. Box 1890 ! 1 sf WILMINGTON, NORTH CAROLINA 28402-1890 August 24, 1993 IN REPLY REFER TO i. . Regulatory Branch Action ID No. 199302692 and Nationwide Permit No. 26 (Headwaters and Isolated Waters) Mr. Sanford M. Wooten Route 2, Box 261 Wallace, North Carolina 28466 Dear Mr. Wooten: Reference your application, received in this office July 1, 1993, for Department of the Army (DA) authorization to fill one acre of wetlands adjacent the head waters of Cypress Creek, for access to a high ground business site off S.R. 1828 near the Cypress Creek community in Duplin County, North Carolina. 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. Your work is authorized by this NWP provided it is accomplished in strict accordance with the enclosed conditions and provided you receive a Section 401 water quality certification from the North Carolina Division of Environmental Management (NCDEM). You should contact Mr. John Dorney, telephone (919) 733-1786, regarding this water quality certification. This NWP does not relieve you of the responsibility to obtain other 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. -2- Questions or comments may be addressed to Mr. Jeff Richter, Wilmington Field Office, Regulatory Branch, telephone (919) 251-4636. Sincerely, G. Wayne Wright Chief, Regulatory Branch Copies Furnished (without enclosure): Mr. Steve Benton North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr 'John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 29535 Raleigh, North Carolina 27626-0535 Mr. Jim Gregson North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 Mr. Michael Sugg District Conservationist Duplin County Soil Conservation Service Post Office Box 277 Kenansville, North Carolina 28349 IMPORTANT Date Time WHILE YOU WERE OUT M of Phone - AREA CODE _ _____ NUMBER EXTENSION Message Signed TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL N.C. Dept. of Environment, Health, and Natural Resources ?v ? Printed on Recycled Paper State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B, Hunt, Jr., Governor Jonathan B. Howes, Secretary A, Preston Howard, Jr., P.E., Director July 8, 1993 Mr. Sanford Moore Wooten Rt. 2 Box 261NB Wallace, N.C. 28466 Dear Mr. Wooten: L7EHNR Subject: Proposed fill in Wetlands or Waters Road access for hog facilities Duplin County DEM Project # 93572 Upon review of your request for 401 Water Quality Certification to place fill material in 1.0 acres of wetlands or waters which are tributary to Nine Mile Creek for road access for hog facilities located at SR 1828 in Duplin County as described in your submittal dated 15 June 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' Nationwide Permit No. 26. 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. Sin erely, Freston Howarc?/"Jr . P . E . 93572.1tr Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DEM Regional Office Mr. John Dorney Central Files 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 1,0 1 1?3 DEN ID: ACTION I 4U Vkj JOINT APPLICATION FORM FOR NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE DISTRICT ENGINEER NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL 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 WATER QUALITY PLANNING DIVISION OF ENVIRONMENTAL MANAGEMENT NC DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES P.O. BOX 29535 RALEIGH, NC 27626-0535 ATTN: MR. JOHN DORNEY Telephone (919) 733-5083 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 : Sq nfd r d1 `X ayXi6' GJ ?, 2. OWNERS ADDRESS : //- L Aw ce ,J B AV 3. OWNERS PHONE NUMBER (HOME): 2 8'S' 73741 (WORK) : 2-5-9- L/ 7 L S- 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: 5. LOCATION OF P ANNED WORK (ATTACH MAP). COUNTY : ""b"', NEAREST TOWN OR CITY: SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): 6. NAME OF CLOSEST STREAM/RIVER: 7. RIVER BASIN: No YA c- cl gel, 8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW, WS I, OR WS II? YES [ ] NO PQ 9. HAVE ANY SECTION 404 PERMITS BEEN PR VIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [ ] NO [ IF YES, EXPLAIN. 10. ESTIMA D TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 0,9crL_S 2/3/92 -2- 11. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT: FILLED: l Q c?G DRAINED: FLOODED: EXCAVATED: TOTAL IMPACTED : 12. DESCRIPTION 0ol PROPOSED WORK (ATTACH PLANS):( c0 1 r rva i t 1 V? U11 y- b ec « VjRC. 1 i I QIS a A --.k 40 r L a C V o k..1. ? 13. PURPOSE OF PROPOSED WORK : ?-v Q I ( o w ct c ey s -?-v s J 1 C+ 14. STATE REASONS WHY THE APPLICANT :BELIEVES THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS. 0.,-t" w ^.,, cr - a ct os c 'Li c i i-c. 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 TIjAT MAY BE AFFECTED BY THE PROPOSED PROJECT. HAVE YOU DONE SO? YES I-1 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 [vf 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. E. WHAT IS LAND USE OF SURROUNDING PROPERTY? fL) oocY Ia.ti F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? OWNER'S SI ATURE DATE ????? ,..: ?:. ;r-- .. • ?, ?? .., ?. ?. ?: i `1??? ''? y _`t?? jd ;?? fT'f ``?'~ **J •,i ? 1\` :?? ?. ?'. t ?I1Y ..?^N ???? ,? K?= 1? ?. S (L1? .t , ? :? ?-.. _„? ?t?? ?? ,r? '? L',? } " ?, .? `. `1 , v A is .. ?b± ;ti ?:• ;? .?` ,,., i, . - r . y'Y?Y '*.? ? ? ,h ?. .,? / ? K y - Wes , T .1 ? ? ?r b 1Zt! ?• v ? ? . a \,r x 119! lz9t \ * ` tIS 1111 \ a Y lzld • .) S 4 t :? l"n A 14 li a 33'00• 189 i1 133! Y IA CS: 1ZW • V J14! 1LN 1. 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