19930139 Ver 1_COMPLETE FILE_19930914

State of North Carolina
Department of Environment,
Health and Natural Resources • •
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan.B. Howes, Secretary C
G H
A. Preston Howard, Jr., P,f., Director
October -26, 1993
Robert W. Cowden
P.O. Box 125
Stonewall, N.C. 28583
Dear Mr. Cowden:
Subject: Proposed fill in Wetlands or Waters
Road crossing
Pamlico County
DEM Project # 93139
Upon review of your request for 401 Water Quality Certification
to place fill material in .197 acres of wetlands or waters which are
tributary to Ball and Cabin Creeks for road crossings located at SR
1324 in Pamlico County as described in your submittal dated 24
February 1993, we have determined that the.proposed fill can be
covered by General Water Quality Certification No. 2732. A -copy of
the General Certification is attached. This Certification may be used
in qualifying for coverage under Corps of Engineers' Nationwide Permit
No. 14. An additional condition is that deed restrictions shall be
placed on all lots with wetlands to prevent additional wetland fill,
the restrictions shall run with the land and the state shall be listed
as a beneficiary. No drainfields shall be placed in filled wetlands.
If this Certification is unacceptable to you, you have the right
to an adjudicatory hearing upon written request within thirty (3°0)
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,
reston Howar Jr. P.E.
93139.1tr
Attachment
cc: Wilmington District Corps of Engineers
.Corps of Engineers Washington Field Office
Washington DEM Regional Office
Mr. John Dorney
Central Files
Josh Nobles
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, AAA
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary ID E " N F1
A. Preston Howard, Jr., P.E., Director
October 8, 1993
Mr. Robert W. Cowden
P.O. Box 125
Stonewall, N.C. 28583
Dear Mr. Cowden:
DEM Project # 93139
Pamlico County
On 24 February 1993, you requested a 401 Water Quality
Certification from the Division of Environmental Management for
your project (Cabin Creek Subdivision) located at SR 1324 in
Pamlico County. We wrote to you on 14 April 1993 discussing
concerns that we have regarding the design of the project and
placing it on hold until those concerns are addressed. As'of
today, we have not received a response to our earlier letter.
Unless we receive a written response from you by 29 October 1993,
we will consider that you have withdrawn this application and are
not interested in pursuing the project at this time.
Please call me at 919-733-1786 if you have any questions or
would like to discuss this matter.
Sincerely,
Jo n R. Dorney
Wetlands and Te nical Review Group
93139.wtd
cc: Washington DEM Regional Office
Wilmington District Corps of Engineers
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
FIL E COPY
State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
512 North Salisbury Street 0 Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor April 14, 1993 A. Preston Howard, Jr., P.E.
Jonathan B. Howes, Secretary Director
Mr. Robert W. Cowden
P.O. Box 125
Stonewall, N.C. 28583
Dear Mr. Cowden:
RE: Need for additional information on 401 Application
Cabin Creek Development
DEM # 93139
Pamlico County
The Division of-Environmental Management received your
application for a 401 Water Quality Certification for your Nationwide
14 project on 24 February 1993.. We are una`ple to complete processing
of the Certification because additional information is needed in order
to complete the application. I believe that Ms. Deborah Sawyer of our
Washington Regional Office has discussed the information with Mr. Josh
Nobles but I have listed the required information below as well.
1) A larger scale wetland delineation plat of the entire
proposed development.
2) Verification from the Pamlico County Health Dept. that lots
are suitable for septic tanks and drainfields.
3) Whether there is sufficient high ground on all of the lots to
allow them to be developed without additional wetland fill.
Please have Mr. Nobles respond to Ms. Sawyer with a copy to my
office in order to allow us to complete action on the project. I can
be reached at 919-733-1786 if you have any questions.
Sincerely,
Jo n R. Do nr ey
Wetlands and Te.h ?ical Review Group
93139.mem
cc: Washington DEM Regional Office
Corps of Engineers Washington Field Office
Central Files
Josh Nobles
Regional Offices
Asheville Fayetteville Mooresville Raleigh Washington Wilmington
704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900
Winston-Salem
919/896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
q 3 -•o9 -?z
MEMORANDUM PRINT NAMES:
Reviewer:- 16049
TO: John Dorney WQ Supv.:_
Planning Branch DATE: 3
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) ***
PERMIT YR: 93 PERMIT NO: 0000139 COUNTY: PAMLICO
APPLICANT NAME: ROBERT W. COWDEN
PROJECT TYPE: ROAD CROSSING PERMIT-TYPE: NW14
COE #: DOT_# :
RCD_FROM_CDA: APP DATE_FRM_CDA: 02/24/93
: Rp RIVER--AND-SUB-BASIN-#: IY&FU 1O
REG OFFICE?C"4.
r
XREA?_CLASS : STR_INDEX_NO : a 47
WL_IMPACT?:ON WL_TYPE:
WL REQUESTED : -117a4-' WL_ACR_EST'? : YIN
WL SCORE(#):
HYDRO_CNECT? : CJN
MITIGATION TYPE:

cc:
r
RECOMMENDATION (Circle One): ISSUE ISSUE/COND DENY Qv-?? -4?
WATER IMPACTED BY FILL?: YIN
MITIGATION?: Y0-11/
MITIGATION SIZE:
IS WETLAND RATING SHEET ATTACHED?: YIN

Regional Office
Central Files
4VETI.ANDS GROUP
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Page 1 of 5
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DEM ID: L-3 2 ACTION ID:
NATIONWIDE PERMIT APPLIED FOR (PROVIDE NATIONWIDE PERMIT #): NPW - 14
JOINT APPLICATION FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO CORPS OF ENGINEERS
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 1,890
WILMINGTON, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING o
DIVISION OF ENVIRONMENTAL MA M
NC DEPARTMENT OF ENVIRONI H, O
AND NATURAL RESOU
P.O. BOX 29535 Q
RALEIGH, NC 27626-053 ,'```` pub r
ATTN: MR. JOHN DORNEY
Telephone (9,19) 733-5083
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION
ENVIRONMENTAL.MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME: Robert W. Cowden
2. OWNERS ADDRESS: p.O.Bnx 125
St-nnewa l l . NC 28583
3. OWNERS PHONE NUMBER (HOME): 919-745-4460 (WORK): 919-745-3077
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: Josh Nobles
P. 0. Box 115
Alliance, NC 28509
919-745-5951
5. LOCATION OF PLANNED WORK (ATTACH MAP). COUNTY: Pamlico
NEAREST TOWN OR CITY: Florence
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): North ^f
S.R. 1324, east of Ball Creek, at the junction of the south side of
Bay River and the west side of Cabin Creek
6. NAME OF CLOSEST STREAM/RIVER: Day River and Cabin Creek
7. RIVER BASIN: Bay River
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES [x] :NO [ ]
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ ] NO [X]
IF YES, EXPLAIN.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING
WETLANDS, LOCATED ON PROJECT SITE: 0.197 acre
3/30/92
Faye 2 of
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11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY
THE PROPOSED PROJECT:
FILLED: 0.197 acre
DRAINED:
FLOODED:
EXCAVATED:
TOTAL IMPACTED:
12. DESCRIPTION OF PROPOSED WORK (AT'T'ACH PLANS): 60' road
13. PURPOSE OF PROPOSED WORK: Construction of a road to access eastern
_portion of tract
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. After reviewing wetland delineation, some wetlands would have to
be crossed to gain access to east side of tract. This route impacts
the least amount of wetlands.
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE 919-856-4520
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE
OR ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR T!= ATENED
SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE
PROPOSED PROJECT. HAVE YOU DONE SO? YES [X] NO [ ]DAVID DELL (by phone)
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? 919-733-4763
HAVE YOU DONE SO? YES [y] NO [ ] (by phone)
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? Rural & Conservation I
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
i ndi vi clna i ground absorption
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