HomeMy WebLinkAbout19940552 Ver 1_COMPLETE FILE_19940617State 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
APPROVAL of 401 Water Quality Certification
Mr. Myon P. Elliott
Route 2, Box 2720
Belhaven, N.C. 27810
Dear Mr. Elliott:
FILE COPY
You have our approval to place fill material in 2.0 acres of wetlands or waters for the
purpose of cropland clearing at SR 1722, as you described in your application dated 14
June 1994. After reviewing your application, we have decided that this fill is covered by
General Water Quality Certification Number 2671. This certification allows you to use
Nationwide Permit Number 26 when it is issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your
application. If you change your project, you must notify us and you may be required to
send us a new application. For this approval to be valid, you must follow the conditions
listed in the attached certification. In addition, you should get any other federal, state or
local permits before you go ahead with your project.
If you do not accept any of the conditions of this certification, you may ask for an
adjudicatory hearing. You must act within 30 days of the date that you receive this letter.
To ask for a hearing, send a written petition which conforms to Chapter 150B of the
North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box
27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and
binding unless you ask for a hearing.
This letter completes the review of the Division of Environmental Management under
Section 401 of the Clean Water Act. If you have any questions, please telephone John
Dorney at 919-733-1786.
Sincerely,
reston oward . P.E.
Oictor
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional Office
Mr. John Dorney
Central Files
AV4;tk-*9AJ
C) IF= F1
July 22, 1994
Beaufort County
DEM Project # 94552
94552.1tr
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
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
24 June 1994
Mr. Myron P. Elliott
Route 2, Box 2720
Belhaven, North Carolina 27810
?EHNR
'JUN 2 7 lc)(V,?
J•.
REFERENCE: ACTION ID 199403205
Nationwide Permit for an
Activity Located in Beaufort
County, North Carolina
Dear Mr. Elliott:
The North Carolina Division of Coastal Management has reviewed the above
referenced application for a Nationwide Permit dated 15 June 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 (919) 946-6481
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: Steve Benton - Federal Consistency Coordinator, DCM, Raleigh
/John Dorney - Water Quality Section, DEM, Raleigh
David Lekson - U.S. Army Corps of Engineers, Washington
Wilmington District Engineer
ATTN: CESAW-CO-E
1424 Carolina Avenue, Washington, North Carolina 27889 Telephone 919-946-6481 FAX 919-975-3716
An Equal Opportunity Affirmative Action Employer 60% recycled/ 10% post-consumer paper
DEM ID: C `? G) ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): 2
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 (919) 251-4511
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL , ?...., .....
NC DEPARTMENT OF ENVIRONIv
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:
Myron P. Elliott
2. Owners Address:
Route 2, Box 2720 Belhaven, NC 27810
3. Owners Phone Number (Home):
919-964-41.25
(Work):
same
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
5. Location of work (MUST ATTACH MAP). County:
Beaufort
Nearest Town or City: Belhaven
Specific Location (Include road numbers, landmarks, etc.): 3.9 miles east of Sidney Crossroads
on SR 1722.
6. Name of Closest Stream/River: Unnamed tributary between Woodstock Point and Sparrows Gut
7. River Basin: Punqo
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS H? YES [) NO [)q
9. Have any Section 404 permits been previously requested for use on this property? YES [ J NO [XJ
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 2
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 2.0
Drained:
Flooded:
Excavated:
Total Impacted: 2.0
12. Description of proposed work (Attach PLANS-8 I/2" X 11 " drawings only): Clear and st ,_nnp area f
13. Purpose of proposed work: clear area for cropland
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. Already owns area which is adia en to pr sent ffarmina
operation.
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 [X] 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 [ X] 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 stotmwater management plan is required for this project, attach copy.
E. What is land use of surrounding property? cropland
F. If applicable, what is proposed method of sewage disposal? N/A
?'Oes Signature
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DEM ID:
ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): 2 6
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
ATM: CESAW-CO-E
Telephone (919) 251-4511
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, REh17%.
AND NATURAL RESOURCES
P.O. Boy 29535
Raleigh, NC 27626-0535 R' N F'
ATTN: MR. JOHN DORNEY
Telephone (919) 733-5083
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE COM OF ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT,
PLEASE PRINT.
1. Owners Name:
Myron P. Elliott
2. Owners Address:
Route 2, Box 2720 Belhaven, NC 27810
3. Owners Phone Number (Home):
919-964-4125
(Work):
same
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
5. Location of work (MUST ATTACH MAP). County: Beaufort
Nearest Town or City:
RalhnvPn
3.9 miles east of Sidney Crossroads
Specific Location (Include road numbers, landmarks, etc.):
nn RR 1799
6. Name of Closest Stream/River. Unnamed tributary between Woodstock Point and Sparrows Gut
7. River Basin: Pungo
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS H? YES [ ] NO [)I
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO LX]
If yes, explain.
2.0
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: 2.0
Drained:
Flooded:
Excavated:
2.0
Total Impacted:
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): Clear and St U,up area
13. Purpose of proposed work: clear area for cropland
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, now measures
taken to minimin wetland impacts. Already owns area which is adjacent to present farming operation.
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 [x] 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 [ X] 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? cropland
F. If applicable, what is proposed method of sewage disposal? N/A -tam
Owne s Signature
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