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HomeMy WebLinkAbout19930627 Ver 1_COMPLETE FILE_19930722? SU1TE c??? r?w.wnv? Department of James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary August 23, 1993 Mr. Lyman Patrick Usher P. O. Box 1059 Carolina Beach, NC 28428 RE: Action ID #199302505, N Inlet Acres Drive/New Ha Dear Mr. Usher: State of North Carolina 'A'?'' kvironment, Health, and Natural Resources Division of Coastal Management Wilmington Regional Office ide Permit Application County Roger N. Schecter Director The North Carolina Division of Coa4tall Management has reviewed the above referenced application for a Nationwide Permit dated August 5, 1993 pursu t to Section 307 of the Coastal Zone Management Act of 1972 as amended. Based upon our review, we have de rmined that the proposed activity is consistent with the North Carolina Coastal Management Program provided the ollowing conditions are met: 1. The activity described in thabove-referenced application qualifies to receive one of the Nationwide Permits described in 33 CFWZ Part 330 with the exception of Numbers 17, 21, 24, and 34 which were found inconsistent wi the North Carolina Coastal Management Program. 2. A 401 Water Quality Certi cation is received, where required, from the North Carolina Division of Environmental Manaeem Int. This letter does not relieve you o the responsibility to insure that all other State authorization and/or permit requirements are met prior to imple entation of the project. Please feel free to contact me at (919) 395-3900 if you have any questions or need further isistance. Sincerely, C. Robert Stroud, Jr. District Manager CRS/jmr cc: Preston P. Pate, Jr.,DCM Steve Benton, Consistency Coordinator Wilmington District Engine r; ATTN: CESAW-CO-E John Dorney, DEM/Raleig 127 Cardinal Drive Extensio#, Wilmington, N.C. 28405-3845 • Telephone 919-395-3900 • Fax 919-350-2004 Equal Opportunity Affirmative Action Employer DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 r WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO Regulatory Branch Action ID. 199302505 June 15, 1993 ItoU?? .... WETLANnC con.... Nationwide Permit No. 26 (Headwaters and Isolated Waters) Mr. Lyman P. Usher 4 511 Inlet Acres Drive I Wilmington, North Carolina 28405 Dear Mr. Usher: Reference your application of May 17, 1993, for Department of the Army (DA) authorization to place ill material in isolated wetlands of the Cape Fear River on your property locat d off US Highway 421 near Snow's Cut of the Atlantic Intracoastal Waterway i New Hanover County,. North Carolina. 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 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 autho ized by this nationwide permit provided it is accomplished in strict ccordance with the enclosed conditions and provided you receive a Section 401 w ter quality certification from the North Carolina Division of Environment 1 Management (NCDEM) and, in the coastal area, a consistency determinati n from the North Carolina Division of Coastal Management (NCDCM). You should co tact Mr. John Dorney, telephone (919) 733-1786, regarding water quality certification, and Mr. Steve Benton, telephone (919) 733-2293, regarding con istency determination. This nationwide permit does not relieve you of the resp nsibility to obtain other required State or local approval. This verification ill be valid for two years from the date of this letter unless the nationwide a thorization is modified, reissued or revoked. Also, this verification will emain valid for the two years if, during that period, the nationwide permit a thorization is reissued without modification or the activity complies with ny subsequent modification of the nationwide permit authorization. If during the two 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 twelve months of the date of the nationwide permi 's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend, or revoke the authorization. Questions or comme is may be addressed to Mr. Jeffrey Richter, Wilmington Area Field Office, Regu atory Branch, telephone (919) 251-4636. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure -2- Copies Furnished (withclut enclosure): Mr. Steve Benton tt North Carolina Departmt of Environment, Health c-ind Natural Resources Post Office Box 27687 Raleigh, North Caroling 27611-7687 John Dorney Water Quality Section Division of Environment 1 Management North Carolina Departm t of Environment, Health c4nd Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. Bob Stroud Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extsion Wilmington, North Carolina 28405 \l C o-f D N O ? cn 3 r ? 3 r H H-G Z Z 3 G?rD -imZ O --i z c zCD)= O ?U m ;a rrn;a -I to C-) D O r H z D N co O ` -o o M Z ?0 0 o C, O ? x 0 n N 3 w o 77 0 = w m - m n > > 3 w a (D N ? Z I ID 3 w o 0 7 W C U) 0 C ((D 11 State of North Carolln Department of Enviroi Health and Natural RE Division of Environmental James B, Hunt, Jr_ Govern, Jonathan B. Howes, Secre, A. Preston Howard, Jr., P.E. Mr. Lyman Usher 511 Inlet Acres Wilmington, N.C. 28401 Dear Mr. Usher: Subject: Proposed fill Garden develol New Hanover Cc DEM Project # Upon review of your to place fill material i site located at US 421 a described in your submit that the proposed fill c Certification No. 2671 i Certification is attache qualifying for coverage No. 26. If this Certificat_ to an adjudicatory heari days following receipt o the form of a written pe Carolina General Statute Hearings, P.O. Box 27447 demands are made, this C 1786. ent, urces ,)agement iry Director August 23, 1993 in Wetlands >ment aunty 93627, COE YX.MAI A&154a DEHNR or Waters #199302505 request for 401 Water Quality Certification 0.92 acres of wetlands or waters for garden d Inlet Acres Road in New Hanover County as al dated 19 July 1993, we have determined n be covered by General Water Quality sued January 21, 1992. A copy of the General . This Certification may be used in nder Corps of Engineers' Nationwide Permit >n is unacceptable to you, you have the right g upon written request within thirty (30) this Certification. This request must be in ition conforming to Chapter 150B of the North and filed with the Office of Administrative Raleigh, N.C. 27611-7447. Unless such rtification shall be final and binding. If you have any questions, please contact John Dorney at 919-733- 93627.1tr Attachment cc: Wilmington District Corps of Engineers Wilmington DEM Reg: Mr. John Dorney Central Files Sincerely, reston Howa Jr. P.E. Corps of Engineers ilmington Field Office nal Office P.O. Box 29535, Raleigh, North Clarolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirm ive Action Employer 50% recycled/ 10% post-consumer paper M E -'llp.ltl,f-°?? I.,11??-iT'' ,-?'T?til?'E Jr'?11 ??'.:? It,.l`,][1 i; _'j.)iVTV? GT.•. ?T!Ahi" 1"! ItA 111 V, TV" A P11 f 'AN,Pr ,M ?, . 1'1MIA J r 'f i .„ I W, ki tali r;! ?- ?? - IiYDR, } ,TT r„r,., Y/o ?;_, TAl Ivi (V- " '^- ? t :A A (-!? HA"ii E W-1 .- ,,, E CF) LI r ., M E I ON i DEM ID: ACTION ID: Q ?? 5 Nationwide Permit Requested (Provide Na i onwide Permit #): DINT FORM FOR Nationwide permits tha t require notification to the Corps of Engineers Nationwide permits that require application for Section 401 certification WILMINGTON DISTRICT ENG ER WATER QUALITY PLANNING CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, HEALTH, P.O. Box 1890 AND NATURAL RESOURCES Wilmington, NC 28402-1890 P.O. Boy 29535 ATTN: CESAW-CO-E Raleigh, NC 27626-0535 Telephone (919) 2514511 ( ATTN: MR..iOHN DORNEY - Telephone (919) 733-5083 ONE (1) COPY OF THIS COMPLETED PLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS. SEVEN (7) COPIES $HOULX? BE SE_ , TQ..THE !1.C.;DMSION.OR,,ENV=NNIEN ,;, MAI?IAGP.,ZaNT. PLEASE PRINT. 1. Owners Name: N c- l? -2 2. Owners Address: c -c li C- y d, x /0,21 3. Owners Phone Number (Home): -02 Q (Work): 0 /'S C, I-)) 4. If Applicable: Agent's name or respons ble corporate official, address, phone number: 5. Location of work (MUST ATTACH MA P). County: NCB U Q Y C n 4l- lam; Nearest Town or City: (?,) r to nJ '- Specific Location (Include road numbers, l andmarks, etc.): 6. Name of Closest Stream/River: C o - e y U 2 7. River Basin: S G U.j ?S CJ, 8. Is this project located in a watershed cl sified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ J NO 9. Have any Section 404 permits been prev iously requested for use on this property? YES [ ] NO ltl If yes, explain. 10. Estimated tal number of acres of wat ,rs of the U.S., including wetlands, located on project site: G d 11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: Filled: 02 (? Drained: Flooded: Excavated: Total Impacted: Vc)L -O d Qc? ?8 y G t r -12 t - - s J ' i 7 i Project Name of evaluator CR LAS r Nearest road Wetland area -1 acres Wetland width_ Uy feet Date K- (? -13 ? Hydrologically • . • • Wetland type (select one) ? Other ; ? Swamp forest ? Shoreline • ? Bottomland hardwo d forest ? Brackish marsh ' ?/Garolina bay ? Freshwater marsh E( Pocosin I ? Bog/Fen • ? Pine savannah ? Ephemeral wetland ? Wet flat The rating s stem cannot be applied to salt marshes. • •.....•..•.••...• ...••• m'••••••.•.••..•.•'•.•.••••••••w ••s Water storag - u :>::::>::> Bank/Shoreline stabilizatio x 4.00 - Pollutant remova ''` • ....................: Sensitive watershe ----- :?;::` x 1 50 - = • . Travel corrido . f. - Welland score U--H-Ydrologically isolated DEM ID: . Nationwide Permit Requested (Provide Nationwide permits :,. Nationwide permits i WILMINGTON DISTRICT ENGI CORPS OF ENGINEERS DEPARTMENT OF THE ARMY P.O. Box 1890 Wilmington, NC 28402-1890 ATTN: CESAW-CO-E Telephone (919) 251-4511 ONE (1) COPY OF THIS COMPLE SEVEN (7) COPIES -HOULD BE PLEASE PRINT. 1. Owners Name: 1-1Q N c>#l°-? C=C 2. Owners Address: ?- rt y i 3. Owners Phone Number (Home): 4. If Applicable: Agent's name or respoIsible corporate official, address, phone number: (Work): 2? 1 S G ?] ) P 5. Location of work (MUST ATTACH rr Nearest Town or City: Specific Location (Include road numbers, ye?% 6. Name of Closest Stream/River: 7. River Basin: G_-- 8. Is this project located in a watershed c 9. Have any Section 404 permits been If yes, explain. 10. Estimated ACTION ID: ationwide Permit #): JOINT FORM FOR at require notification to the Corps of Engineers kt require application for Section 401 certification EER 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..iOHN DORNEY Telephone (919) 733-5083 APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS. T TQ..THE; N,QC I DMSION..OR..FN,WQNbW.NT ,.?L4?AJAiGEMENT. ?P). County: ?l e CJJ 17?? L20 (Je Y C en 4- j- ill fl etc.): I ? d as Trout, SA, HQW, ORW, WS I, or WS II? YES [) NO U5 y requested for use on this property? YES [ ] NO ltj,J of acres of wa *rs of the U.S., including wetlands, located on project site: 11. Number of acres of waters of the U.S., Filled: D<- Drained: Flooded: Excavated: 4/4, Total Impacted: uding wetlands, impacted by the proposed project: 0 " ./- Cf C' ti r' S r f i kO 13 J ? i 1 4PT ?C> v--,Aj ey h d- 5) e -c,> - M ULANDS GROi"' ?f?AlE__RQUAIITY in ?,,:'. • DEM ID: ACTION ID: Nationwide Permit Requested (Provide N t ionwide Permit #): JOINT FORM FOR Nationwide permits th t require notification to the Corps of Engineers Nationwide permits tha require application for Section 401 certification WILMINGTON DISTRICT ENG ER WATER QUALITY PLANNING ORPS OF ENGINEERS C DIVISION OF ENVIRONMENTAL MANA DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, P.O. Box 1890 AND NATURAL RESOURCES ICm Wilmington, NC 28402-1890 P.O. Boz 29535 I ATTN: CESAW-CO-E Raleigh, NC 27626-0535 Telephone (919) 251-4511 ATTN: MR..iOHN DORNEY Telephone (919) 733-5083 NE (1) COPY OF THIS COMPLETED PLICATION SHOULD BE SENT TO THE CO NGINEERS. SOF SEVEN (7) COPIES SHOULD BE SEJ TO-THE N.C. DIVISION. OF ENVIRONMENTAL .MANAGEMENT. PLEASE PRINT. 1. Owners Name: (\J C K Y? 2. Owners Address: S y 3. Owners Phone Number (Home): -02 O (Work): _0 i S L7 P __ 4. If Applicable: Agent's name or respons ble corporate official, address, phone number: 5. Location of work (MUST ATTACH ). County: ?l e CtJ f ZQ N O r,/Q Y C11 1 ?? j Nearest Town or City: L^0 r O "'i Specific Location (Include road numbers, l dmarks, etc.): 6. Name of Closest Stream/River: C h _C- LL" U 2 Y 7. River Basin: S G w S 8. Is this project located in a watershed cl sifted as Trout, SA, HQW, GRW, WS I, or WS II? YES [ ] NO 9. Have any Section 404 permits been prev ously requested for use on this property ? YES [ ] NO [(,Y If yes, explain. 10. Estimated tal number of acres of w,a rs of the U.S., including wetlands, located on project site: ?=?LL ? 6 11. Number of acres of waters of the U.S., cluding wetlands, impacted by the proposed project: Filled: 02? U Drained: Flooded: -- Excavated: Total Impacted: ?y I I? ? t I f t I ? ko ? E i 00000 * 0 0 0 9 0 17115?r . Do v,v e/ I Ex f l-at ? ?,-c S !t-t G /" P. 16dx INA. 19 CT7? P' . DEM ID: _- ACTION ID: r Nationwide Permit Requested (Provide Natio nwide Permit #): J INT FORM FOR Nationwide permits that equire notification to the Corps of Engineers Nationwide permits that r quire application for Section 401 certif tion WILMINGTON DISTRICT ENGINES WATER QUALITY PLANNING j CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAG DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, HE , P.O. Box 1890 AND NATURAL RESOURCES ???? Wilmington, NC 28402-1890 P.O. Box 29535 ` ATTN: CESAW-CO-E Telephone (919) 251-4511 Raleigh, NC 27626-0535 WET?ANOS: '°" ATTN: MR. JOHN DORNEY WATER YS Uf UALIT E Telephone (919) 733-5083 CT ONE (1) COPY OF THIS COMPLETED LICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS. SEVEN (7) COPIES SHOULD 8E SF,,i!l'?'t, Qy N.C.,DMSION.OI?•.SNiU?gL.IldAAiAP.AtNT. PLEASE PRINT. 1. Owners Name: LVMQ N 2. Owners Address: S -TN e V i 3. Owners Phone Number (Home): -02 O (Work): iS G L7 ??_ 0/ 4. If Applicable: Agent's name or responsib corporate official, address, phone number: 5. Location of work (MUST ATTACH MAP . County: NO l /e Y C r? Nearest Town or City: LNJ P-7 -7 ?J Specific Location (Include road numbers, lan dmarks, etc.): 6. Name of Closest Stream/River: C 14 - y U 2 Y 7. River Basin: S G vim.? L 8. Is this project located in a watershed class died as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO 9. Have any Section 404 permits been previo usly requested for use on this property? YES [ ] NO ftl, If yes, explain. 10. Estimated tal number of acres of wato of the U.S., including wetlands, located on project site: 11. Number of acres of waters of the U.S., ' cluding wetlands, impacted by the proposed project: 17 Filled: (!? U Drained: Flooded: Excavated: Total Impacted: ?f 4 ?Y 12. Description of propose work (Attach PLANS-8 1/2" X 11" drawings only): 7' ( off) r) ` ?1 ?J Fa y ? -c f'-l 13. Purpose of proposed work: _L ` 02 O C? X ,2 U d JCd ?? ?r ???,? Ell 0US`? 14. State reasons why the applicant believes that this activity must be carried out in w [lands. Also, n to measures taken to minimize wetland impacts. Dn ) 7- n LQ 0?1? ?i - T C, ?X ' 5. 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 orproposed for listing endangered or threatened species or critical abitat in the permit area that may be affected by the proposed project. Have you done so? YES [ J 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 of historic properties in the permit area which may be affected by the proposed project? Have you done so? YES [ ] NO [ ] RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS. 17. Additional information required by DEM: A. Wetla9d 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? 1-7C7 Le , --Q /10 /-I F. If applicable, what is proposed method of sewage disposal? O 's Signature Date DEM ID: ACTION ID; Nationwide Permit Requested (Provide Natio wide Permit #). Z 40 JO INT FORM FOR Nationwide permits that quire notification to the Corps of Engineers Nationwide permits that r ( quire application for Section 401 certification WILMINGTON DISTRICT ENGINES WATER QUALITY PLANNING CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, HEALTH, P.O. Box 1890 AND NATURAL RESOURCES Wilmington, NC 28402-1890 P.O. Box 29535 ATTN: CESAW-CO-E Telephone (919) 2514511 Raleigh, NC 27626-0535 ATTN: MR. 30HN DORNEY Telephone (919) 733-5083 ONE (1) COPY OF THIS COMPLETED LICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT,, 011 1.Q,, PMSI0X.0$..P,NMNNW=ALA4p'Ii % NT. PLEASE PRINT. 1. Owners Name: N K 0 0, 2. Owners Address: S ?. y i 3. Owners Phone Number (Home): ? -02 O (Work): YJ i S P 4. If Applicable: Agent's name or responsibl corporate official, address, phone number: 5. Location of work (MUST ATTACH MAP' . County: A) C C-IJ /Z5? L20 Ue Y C C'4- /',J' Nearest Town or City: L-,-) I' Specific Location (Include road numbers, Ian arks, etc.): 6. Name of Closest Stream/River: C 1? _e U e Y 7. River Basin: S G -,i S C 8. Is this project located in a watershed class 9. Have any Section 404 permits been previ ied as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO sly requested for use on this property? YES [ ] NO If yes, explain. 10. Estimated total number of acres of orate of the U.S., including wetlands, located on project site: 11. Number of acres of waters of the U.S., ' cluding wetlands, impacted by the proposed project: Filled: Pl- 6 U Drained: Flooded: Excavated: Total Impacted: Y 12. Description of propose work (Attach PLANS-8 UT' X I1" drawings only): Fa Y- C-) ? r ? --'? f'-l 13. Purpose of proposed work: 14. State reasons why the applicant believes that,this activity must be carried out in w tlands. Also, taken to minimize wetland impacts. J n u -Q ?-( [7 J' -t 0DXaU6 r . -xj- fx 5. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries §orvice (NMFS) regarding the presence or any Federally listed or proposed for listing endangered or threatened species or critical abitat in the permit area that may be affected by the proposed project. Have you done so? YES[ ] NO [ J 01 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 [ J 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. 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? Lo Le s --e 711 l9 , Ho /t'I F. If applicable, what is proposed method of sewage disposal? Olv? 's Signature ~Date DEM ID: ACTION ID: Q ?d 5 Nationwide Permit Requested (Provid e Nationwide Permit #): JOINT FORM FOR Nationwide perms that require notification to the Corps of Engineers Nationwide permits that require application for Section 401 certification WILMINGTON DISTRICT E GINEER WATER QUALITY PLANNING CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT DEPARTMENT OF THE ARM Y NC DEPARTMENT OF ENVIRONMENT, HEALTH, P.O. Box 1890 AND NATURAL RESOURCES Wilmington, NC 28402-1890 P.O. Box 29535 ATTN: CESAW-CO-E Raleigh, NC 27626-0535 Telephone (919) 25113511 ATTN: MR. ;OHN DORNEY Telephone (919) 733-5083 ONE (1) COPY OF THIS COMPLE D APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS. SEVEN (7) COPIES SHOULD PE ,39W. TQ?; DMSIO&OIdMWONMF?',AIL;MAD?A 3P NT: PLEASE PRINT. 1. Owners Name: N l? f 2. Owners Address: S y 3. Owners Phone Number (Home): _ -02 o (Work): YJ 1 S G f P 4. If Applicable: Agent's name or re ;ponsible corporate official, address, phone number: 5. Location of work (MUST ATTAC -1 MAP). County: (-'J l2?? NQ (Je Y c ?? L1? Nearest Town or City: (-,.) w 4 Specific Location (Include road num bers, landmarks, etc.): 6. Name of Closest Stream/River: 7. River Basin: S G vJ .S C CAZ 8. Is this project located in a watersh ed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO 9. Have any Section 404 permits bee n previously requested for use on this property? YES [ ] NO If yes, explain. 10. Estimated tal number of acres ?L (?:) L ?1, fwaters of the U.S., including wetlands, located on project site: 11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: Filled: 6 U Drained: Flooded: Excavated: Total Impac 4Y 12. Description of propose work (Attach PLANS-8 1/2" X 11 " drawings only): Fa Y' G o r:-c f,-i 13. Purpose of c:P- 0 0 X?0 6 Fol- (-" "q ?- ,asures ?X 6 14. State reasons why the applicant believes that activity must be carried out in wggHands. Also, taken to minimize wetland impacts. ?) (I U) &I M M- T 5. 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 lisiing endangered or threatened species or critical abitat in the permit area that may be affected by the proposed project. Have you done so? YES[ J 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 of historic properties in the permit area which may be affected by the proposed project? Have you done so? YES [ ] 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? 1-/0 Le -, --e ?? /`} , / '-R- y NO A-( F. If applicable, what is proposed method of sewage disposal? O 's Signature Date I i i r Ol G `/ + C 1 U Iz i 1 I ?. ? n r -71 r 14 . a I C r `A 1 ?r s v : . 1-140, o ----------------- ,r M1.4i.. T Jul ? w" ?`'t ........ ?? C I y S , t? { F V ` • it r 1y r ,. - ....__..._...- .... __._-___.._.._ ___ _ _.. _. ._ .- , Aa? _ _-_ _._ _ Iz I Y!'S-°.°'?'. _ 'P? •?•'Ti"r ;a?,?';'f,(,fi Ye mow:.. ` 'h• , ?' _ C3, WIL IN REPLY REFER TO Regulatory Branch Action ID. 199302505 ai Mr. Lyman P. Usher 511 Inlet Acres Drive Wilmington, North Caro Dear Usher: DEPARTMENT OF THE ARMY IINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 June 15, 1993 ??'Af?lt ri?.!i1! II T Nationwide Permit No. 26 (Headwaters and Isolated Waters) 28401 Reference your application of May 17, 1993, for Department of the Army (DA) authorization to place ill material in isolated wetlands of the Cape Fear River on your property located off US Highway 421 near Snow's Cut of the Atlantic Intracoastal Waterway i iw Hanover County,,North Carolina. For the purposes of the Corps of Engineers' Regulatory Program, Title 33, Code of Federal Regulat ons (CFR), Part 330.6, published in the Federal Register on November 22, 1991, 1 sts nationwide permits. Authorization was provided, pursuant to Section 404 of the Clean Water Act, for discharges of dredged or fill material into head aters and isolated waters. Your work is autho ized by this nationwide permit provided it is accomplished in strict ccordance with the enclosed conditions and provided you receive a Section 401 w ter quality certification from the North Carolina Division of Environment 1 Management (NCDEM) and, in the coastal area, a consistency determinati n from the North Carolina Division of Coastal Management (NCDCM). You should co tact Mr. John Dorney, telephone (919) 733-1786, regarding water quality certification, and Mr. Steve Benton, telephone (919) 733-2293, regarding consistency determination. This nationwide permit does not relieve you of the responsibility to obtain other required State or local approval. This verification will be valid for two years from the date of this letter unless the nationwide authorization is modified, reissued or revoked. Also, this verification will remain valid for the two 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 duri g the two years, the nationwide permit authorization expires or is suspended or revoked, or is modified, such that the activity would no longer comply with t le 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 twelve 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. Questions or Area Field Office, s may be addressed to Mr. Jeffrey Richter, Wilmington story Branch, telephone (919) 251-4636. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure -2- Copies Furnished (withou4 enclosure): Mr. Steve Benton North Carolina Department of Environment, Health an Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 M? --John Dorney I&er Quality Section Division of Environmental Management North Carolina Department of Environment, Health an Natural Resources Post Office Box 27687 Raleigh, North Carolina 7611-7687 Mr. Bob Stroud Wilmington Regional Offic North Carolina Division o Coastal Management 127 Cardinal Drive Extens'on Wilmington, North Carolina 28405 s, DEPARTMENT OF THE ARMY GTON DISTRICT, CORPS OF ENGINEERS RO. BOX 1890 VILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO Regulatory Branch June 15, 1993 Action ID. 199302505 and nationwide Permit No. 26 (Headwaters Mr. Lyman P. Usher 511 Inlet Acres Drive Wilmington, North Carolin 28401 Dear Usher: and Isolated Waters) Reference your application of May 17, 1993, for Department of the Army (DA) authorization to place fill material in isolated wetlands of the Cape Fear River on your property located off US Highway 421 near Snow's Cut of the Atlantic Intracoastal Waterway in New Hanover County, North Carolina. For the purposes of t Corps of Engineers' Regulatory Program, Title 33, Code of Federal Regulatio s (CFR), Part 330.6, published in the Federal Register on November 22, 1991, lists nationwide permits. Authorization was provided, pursuant to Section 404 o 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 ac rdance with the enclosed conditions and provided you receive a Section 401 water quality certification from the North Carolina Division of Environmental anagement (NCDEM) and, in the coastal area, a consistency determination rom the North Carolina Division of Coastal Management (NCDCM). You should conta t Mr. John Dorney, telephone (919) 733-1786, regarding water quality certification, and Mr. Steve Benton, telephone (919) 733-2293, regarding consis ency determination. This nationwide permit does not relieve you of the respons bility to obtain other required State or local approval. This verification will be valid for two years from the date of this letter unless the nationwide authorization is modified, reissued or revoked. Also, this verification will remain valid for the two 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 he two 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 twelve 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 aut rization. Questions or comments Area Field Office, Regulat be addressed to Mr. Jeffrey Richter, Wilmington Branch, telephone (919) 251-4636. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure -2- Copies Furnished (without enclosure): Steve Benton North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 7611-7687 Mr. John Dorney Water Quality Section Division of Environmental anagemen North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 7611-7687 Mr. Bob Stroud Wilmington Regional Office North Carolina Division o Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405