19940074 Ver 1_COMPLETE FILE_19940203

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
26 January 1994
William and Carley Strickland
Route 1, Box 956
Belhaven, North Carolina 27810
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T[IJAN 2 7 ?gg?.
REFERENCE: ACTION ID 199401247
Nationwide Permit for an
Activity Located in Beaufort
County, North Carolina
Dear Mr. and Mrs. Strickland,
The North Carolina Division of Coastal Management has reviewed the above
referenced application for a Nationwide Permit dated 11 January 1994 pursuant to
Section 307 of the Coastal Zone Management Act of 1972 as amended. Based upon
our review, we have determined that the proposed activity is consistent with the
North Carolina Coastal Management Program provided the following conditions are
met.
1. The activity described in the above application qualifies to receive
one of the Nationwide Permits described in 33 CRF 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 ensure 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,
Terry E. Moore
District Manager
Division of Coastal Management
Washington Regional Office
TEM/pp
cc: St ve Benton - Federal Consistency Coordinator, DCM, Raleigh
hn Dorney - Water Quality Section, DEM, Raleigh
Norm Sanders - U.S. Army Corps of Engineers, Washington Office
Wilmington District Engineer
ATTN: CESAW-CO-E
1424 Carolina Avenue, Washington, North Carolina 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources A1YA
Division of Environmental Management James B, Hunt, Jr., Governor
Jonathan B. Howes, Secretary E H N
A, Preston Howard, Jr., P.E., Director
February 8, 1994
William and Carley Strickland
Route 1 Box 956
Belhaven, N.C. 27810
Dear Mr. & Mrs. Strickland:
Subject: Proposed fill in Wetlands or Waters
House construction
Beaufort County
DEM Project #94074
Upon review of your request for 401 Water Quality Certification
to place fill material in 0.10 acres of wetlands or waters which are
tributary to Battalina Creek for house construction located at Bus.
264 near Belhaven in Beaufort County as described in your submittal
dated 28 January 1994, 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,
P J
eston owar Jr. P.E.
94074 .ltr c (, .
Attachment
cc: Wilmington District rps of 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/ I Cr% post-consumer paper
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NOTIFICATION FORM P
INFORMATION SHEET ¢
Nationwide permits that require notification to the Corps of Engineers ??7AttJ
Nationwide permits that require application for Section 401 certification
A. NOTIFICATION TO THE CORPS OF ENGINEERS DISTRICT ENGINEER. (REFER TO
ITEM B. BELOW FOR DIVISION OF ENVIRONMENTAL MANAGEMENT APPLICATION RE-
QUIREMENTS AND SPECIFICALLY NOTE NWP 26 DIFFERENCE.)
Certain nationwide permits require notification to the Corps of Engineers before work can proceed. They are as follows:
NWP 5 (only for discharges of 10 to 25 cubic yards)
NWP 7
NWP 13 (only for stabilization activities in excess of 500 feet in length or greater than an average of one cubic yard
per running foot)
NWP 14 (only for fills in special aquatic sites, including wetlands, and must include a delineation of affected special
aquatic sites)
NWP f7
NWP 18 ( quired when discharge exceeds 10 cubic yards or the discharge is in a special aquatic site and must include
on of the affected special aquatic site, including wetlands)
NWP 21 (must include a delineation of affected special aquatic sites, including wetlands)
NWP 26 (only for greater than 1 acre total impacts and must include a delineation of affected special aquatic sites,
including wetlands)
NWP 33 (must include a restoration plan of reasonable measures to avoid and minimize impacts to aquatic resources)
NWP 37
NWP 38 (must include a delineation of affected special aquatic sites, including wetlands)
For activities that may be authorized by the above listed nationwide permits that require notification, the
applicant shall not begin work
a. Until notified that the work may proceed under the nationwide permit with any special conditions imposed by
the District Engineer, or
b. If notified that an individual permit may be required, or
c. Unless 30 days (calendar) have passed from the time a complete notification is received by the District Engineer
and no notice as een receive rom the District Engineer, and required state approvals have been obtained.
Required state approvals include: 1) a Section 401 water quality certification if authorization is requested for a
discharge of dredged or fill material, and 2) an approved coastal zone management consistency determination if
the activity will affect the coastal area.
Use of NWT 12 also requires notification to the District Engineer, but work may not begin until written
concurrence is received from the District Engineer. The time periods described above do not apply.
Furthermore, requirements to notify the U.S. Fish and Wildlife Service (USFWS), the National Marine
Fisheries Service (NMFS), and the State Historic Preservation Office (SHPO), as indicated below and on the
notification form, do not apply.
B. APPLICATION TO DEM FOR NATIONWIDE PERMIT SECTION 401 CERTIFICATION.
Certain nationwide permits require an application to DEM in order to obtain Section 401 water quality certification.
They are NWP 6, NWP 12, NWP 15, NWP 16, NWP 17, NWP 21, NWP 33, NWP 34, NWP 38, and NWP 40.
Certain nationwide permits were issued general certifications and require no application. They are NWP 3, NWP 4,
NWP 5, NWP 7, NWP 20, NWP 22, NWP 23 (requires notification to DEM), NWP 25, NWP 27, NWP 32, NWP 36,
and NWP 37.
The following nationwide permits were issued general certifications for only limited activities: NWP 13 (for projects
less than 500 feet in length), NWP 14 (for projects that impact waters only), NWP 18 (for projects with less than 10
cubic yards of fill in waters only), and NWP 26 (for projects with less than or equal to one-third acre fill of waters or
wetlands). Projects that do not meet these criteria require application for Section 401 water quality certifications.
C. NOTIFICATION/APPLICATION PROCEDURES.
The attached form should be used to obtain approval from the Corps of Engineers and/or the N.C. Division of .4
Environmental Management as specified above. The permittee should make sure that all necessary information is
provided in order to avoid delays. One copy of the completed form is required by the Corps of Engineers and seven
copies are required by DEM. Plans and maps must be on 8 1/2 x 11 inch paper.
Endangered species requirement: For Corps of Engineers notifications only, applicants must notify the U.S. Fish and
Wildlife Service and/or the National Marine Fisheries Service regarding the presence of endangered species that may
be affected by the proposed project.
U.S. FISH AND WILDLIFE SERVICE NATIONAL MARINE FISHERIES SERVICE
RALEIGH FIELD OFFICE HABITAT CONSERVATION DIVISION
P.O. Box 33726 Pivers Island
Raleigh, NC 27636-3726 Beaufort, NC 28516
Telephone [phone] y Telephone [phone]
Historic resources requirement: For Corps of Engineers notifications only, applicants must notify the State Historic
Preservation Office regarding the presence of historic properties that may be affected by the proposed project.
STATE HISTORIC PRESERVATION OFFICE
N.C. DIVISION OF ARCHIVES AND HISTORY
109 East Jones Street
Raleigh, NC 27601
Telephone [phone] I 9 ?j
Information obtained from these agencies should be forwarded to the Corps.
`1-•1
DEM ID: ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #):
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: CESAW-CO-E
Telephone [phone]
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 [phone]
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:
2. Owners Address: 1 I l/ Y ?/ 5 Lac f /? « ?i? ? ?t/. C Z 7 °> l C
3. Owners Phone Number (Home):?? 1rt_? , 1 ? f Z - 2-2'217 -3 (Work):
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
5. Location of work (MUST ATTACH MAP). County: ?c.i t
Nearest Town or City:
Specific Location (Include road numbers, landmarks, etc.): tom', ?c l r? r?,/ rra n
6. Name of Closest Stream/River:F \ C? `(t
7. River Basin: y??? t-
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO [vJ?
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO ?/J
If yes, explain.
10. Estimated total number of acres of waters 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: + \0
Drained:
Flooded:
Excavated:
Total Impacted: , W
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): F? c ?5 1
r r1 ??t ;??? t?.? ?e ?-r + ?•-?.? ? ?.t- 'v;; c?5, ? G c. ? ?'e?\ S c? ?. c_ ? ??lt is
1 O
13. Purpose of proposed work: IJ V", r. .?
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. M,- ),_m V%1- 5 ?,.f U h r - M \ " a Z. , 'Q
r?V?t-uC 1c..r?Zecs.l 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 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. of historic
properties in the permit area which may be affected by the proposed project? Have you done so? YES [?I 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?
F. If applicable, what is proposed method of sewage disposal? 5 L?? << r n UX c ??? - ?? ??
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Owner's Signa re Date
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