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HomeMy WebLinkAbout19940234 Ver 1_COMPLETE FILE_19940316State 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 March 29, 1994 Mr. Leon and Jennifer Morrison 302 Medical Park Court Morehead City, NC 28557 FKTA ala DEHNR I r? 199 ( RE: DEM ID# 199401927, Nationwide Permit Application for an activity located in Brandywine Bay, Carteret County Dear Mr. and Mrs. Morrison: The North Carolina Division of Coastal Management has reviewed the above referenced application for a Nationwide Permit dated March 10, 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 referenced application qualifies to receive one of the Nationwide Permits described in 33 CFR Part 330 with the exception of Numbers 17, 21, 24, and 34 which were found inconsis- tent 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 insure 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) 726-7021, Ext. 263, if you have any questions or need further assistance. SincerelyC"s• Charles S. Jones District Manager CC: Preston P. Pate, Jr. Steve Benton, Consistency Coordinator Wilmington District Engineer; ATTN: CESAW-CO-E John Dorney, DEM/Raleigh Dion Vivanti, Stroud Engineering P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier i 11-12-09 Telephone 919-726-7021 FAX 919-247-3330 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 Environmental Management WOW James B. Hunt, Jr., Governor ID E H N Jonathan B. Howes, Secretory A. Preston Howard, Jr., RE., Director March 17, 1994 Mr. Leon and Jennifer Morrison 302 Medical Park Court Morehead City, N.C. 28557 Dear. Mr. & Mrs. Morrison: Subject: Proposed fill in Wetlands or Waters Road crossing Carteret County DEM Project #94234 We have reviewed your request for 401 Water Quality Certification to place fill material in 2,550 square feet of wetlands or waters which are tributary to Newport River for road crossing located at lot 9, Chelsea Park in Carteret County as described in your submittal dated 10 March 1994. Based on this review, we have determined that the proposed fill is covered by General Water Quality Certification No. 2732. A copy of the General Certification is attached. This Certification is necessary for coverage under Corps of Engineers' Nationwide Permit No. 14. This action completes DEM's review under Section 401 of the Clean Water Act. 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, ston Howard Jr.. P.E. l 94231.1tr. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DEM Regional- Office Mr. John Dorney Central Files Stroud Engineering 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 STROUD ENGINEERING, P.A. Hestron Plaza One Suite 102 MOREHEAD CITY, NC 28557 (919) 247.7479 401 ISSUED To ????'fR QaAu rr ,4.rla,fJG DIV. OF otEN-115W ? O. Zox •Z 9S3S /TA/_ z-/ AIC z 762 6- 0s'3 S [LCE'TUC Q of MURSOMOUML DATE / O JOB NO. ATTENTIO I ?. N 'Do RE: a/ 4/07- > SE•4 ?4.1'K > WE ARE SENDING YOU ? Attached ? Under separate cover via the following items: ? Shop drawings ? Prints ? Plans ? Samples ? Specifications ? Copy of letter ? Change order ? COPIES DATE NO. DESCRIPTION 7 ?4 4 ff?O-I C T/ THESE ARE TRANSMITTED as checked below: For approval ? Approved as submitted ? For your use ? Approved as noted ? As requested ? Returned for corrections ? For review and comment ? ? FOR BIDS DUE 19 ? PRINTS RETURNED AFTER LOAN To US REMARKS COPY TO 40% Pre-Consumer Content • 10% Post-Consumer Content SIGNED: PRODUCT 240 ® tX, WhA, Mm. 01471 It enclosures are not as noted, kindly notify us at once. ? Resubmit copies for approval ? Submit copies for distribution ? Return corrected prints .. r; J? lpJ 01 ISSUED MAR 141M INFORMATION SHEET ItATIONWZDE PERMITS THAT REQUIRE 1iOT2lZCl?TZON TO THE CARPEWET R I1l:ERS NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CON CE NATIONWIDE PERMITS TEAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION A. NOTIFICATION TO THE CORPS OF ENGINEERS DISTRICT ENGINEER. (REFER TO ITEM B. BELOW FOR DIVISION OF ENVIRONMENTAL MANAGEMENT NOTIFICATION REQUIREMENTS AND 3PECIFICALLY NOTE NWP 26 DIFFERENCE.) Certain nationwide Pe-nits require notification to the Corps of Engineers before work can proceed. They are as follows: NWP 5 (only for discharges of 10 to 29 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 17 NWP 18 (required when discharge exceeds 10 cubic yards or the discharge is in a special aquatic site and must include a..delineation, of the affected special aquatic site, including wetlands) NWP 21 (must include a delineation of affected special aquatic sites, bI, including wetlands) NWP 26 (only for greater than 1 a5re total impacts and must include a delineation of affected special aquatic eitcs, including wetla'nda)' ti NWP 33 (must include a restoration plan of reasonable measures to avoid and minimize impacts to aquatic resources) NWP 37 NWP 36 (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'd'ays (calendar) have passed from the time a VOeplete not.ification is received by the District Engineer and no notice has b"n received from the District Engineer, antl required state approvals hav been obtained. Required state approvals include: 1) a Section 401 water qual+- certification if authorization is requested for a discharge of dredged or fill material, and 2) an approved coastal--zone management consistency determination if the activit_ -.?ill affect the coastal area. 3/30/92 1 w -2- Use of NWP 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. REQUEST TO DEM FOR NATIONWIDE PERMIT SECTION 401 GENERAL CERTIFICATION CONCURRENCE OR INDIVIDUAL SECTION 401.CERTIFICATION,,.,,_ Certain nationwide permits were denied general 401 certification by the State of North Carolina and, thus, require individual Section 401 water quality certifications. They are NWP 17, NWP 21, and NWP 34. Certain nationwide permits have general certifications, but require concurrence from the N.C. Division of Environmental Management that the general certification applies to a,pz;,pposed action. They are.NWP 6, NWP 7, NWP•12, FWn 13, NWP 14, NWP 15, NWP 16, NWP 18, NWP 26 (if greater than 1/3 acre total impact), NWP 33, NWP 38, and NWP 40. NWP 23 requires only that the applicant notify DEM. C. APPLICATION PROCEDURES. The attached form should be used to obtain approval from the Corps of Engineers and/or the N.C. Division of/Environmental Management as specified above. The applicant should make sure that all necessary information is provided in order to avoid delays. One copy of the application is required by the Corps of Engineers and seven copies are required by DEM. Plans must be on-- 8 1/2 x 11 inch paper. i 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 zAALBIUH FIELD OFFICE P.O. BOX 33726 RALEIGH, NC 27636-3726 Telephone (919) 856-4520 NATIONAL MARINE FISHERIES SERVICE HABITAT CONSERVATION DIVISION PIVERS ISLAND BEAUFORT, NC 28516 q Telephone (919) 728-5090 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 (919) 733-4763 Information obtained from these agencies should be forwarded to the Corps. DEM ID: ACTION, ID: NATIONWIDE PERMIT APPLIED FOR (PROVIDE NATIONWIDE PERMIT 0): JOINT APPLICATION FORM/ FOR NATIONWIDE PERMITS THAT REQUIRE MfOTIFICATION TO CORPS OF 'EKGINEERS . NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION WILMINGTON DISTRICT ENGINEER 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 RALEIGH, NC 27626-0535 Telephone (919) 251-4511 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: Leon & Jennifer Morrison .. 2. OWNERS ADDRESS: 302 Medical Park Court' Morehead City, North Carolina 28557 3. OWNERS PHONE NUMBER (HOME): (919) 726-4536 (WORK): _(919) 726-6661 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Stroud Engineering, P.A. Hestron Plaza One Suite 102 Morehead City, North Carolina 28557, 5. LOCATION OF PLANNED WORK (ATTACH MAP). COUNTY: Carteret NEAREST TOWN OR CITY: Morehead City SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANbAARKS, ETC.):. Lot 9 Chelsea Park _ Brandvwine Blvd. I Morehead City, North Carolina 6. NAME OF CLOSEST STREAM/RIVER: Newport 7. RIVER BASIN: White Oak 8. IS THIS PROJECT LOCATED •IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,, WS I, OR WS II? YES [ j NO (XI 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: 1.6 acres. 3/30/92 -2- 11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY THE PROPOSED PROJECT: iii e 'n.., FILLED: 2,550 sf DRAINED: N/A FLOODED: N/A EXCAVATED: 2,550 sf TOTAL IMPACTED: 2,550 sf 12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS),: Wetlands fill for crossing wetlands to uplands. 13. PURPOSE OF PROPOSED WORK: Construction of driveway. 14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE I CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS. Only possible option. 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 ?i SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. HAVE YOU DONE SO? YES [ J NO [ ] N/A 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 TN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT? HAVE YOU DONE SO? YES ( ) NO [ ] N/A 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? Residential F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? Public sewer. 3/09 SIGNATURE DATE' r4Gfi?TS ! r-/o ST?vvD ?r c?N ? ?19YI Oa'MII g?b0 H1li0ry 4JZJc? 0 41 ? Z I O Q \ 6J so r? LL ui y 0 b I ' m u: +l k ?I ? I J b ?aa ?jta ? tr 44 1 a, I ? rr M/"?: yc? `\ J I C M 0 J \ ;CSC P JI ^? ??C^0, 'T cr! ''??NN 17, 0- M CU 6- d: u-. ; : p1 N u'I R J w in c v) .r N (11 .q u7 P f• ,. ??. NC1ulfu m,7) r cu u7GfiCU mNco mOP 0` M s? 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