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HomeMy WebLinkAbout19940808 Ver 1_COMPLETE FILE_19940913State 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 1 LT." F m?v ?EHNR November 23, 1994 Camden County DEM Project # 94808 APPROVAL of 401 Water Quality Certification Mr. Rayburn and Mr. Chew Burgess 136 Edgewater Drive Camden Point Shores Shiloh, North Carolina 27974 "! E COPY Dear Mr. Burgess: You have our approval to place fill material in 0.1 acres of wetlands or waters for the purpose of lawn development at 136 Edgewater Drive, as you described in your application dated '19 August 1994. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 2733. This certification allows you to use Nationwide Permit Number 18 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. 276 1 1-7447. 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 Domey at 919-733-1786. L' d, r. P.E. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DEM Regional Office Mr. John Domey Central Files 94808.1tr 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-consume, paper w Q2 Soot* E`1V\ 0 North Carolina Wildlife Resources Commission 0 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 MEMORANDUM Charles R. Fullwood, Executive Director TO: John Dorney Water Quality Planning Division of Environmental Management, DEHNR FROM: Richard B. Hamilton Assistant Director Gn?1A DATE: September 16, 1994 SUBJECT: Review of application for Section 401 certification, DEM ID 94808, Rayburn G. and Chew T. Burgess, Camden County. Staff biologists with the Wildlife Resources commission staff have reviewed this permit application and are familiar with habitat values of the project area. In order to further assess project impacts on fish and wildlife resources, an onsite inspection was conducted on September 13, 1994. Our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.), Section 401(b) of the Clean Water Act of 1977 (as amended), and North Carolina General Statutes (G.S.113-131 et seq.). The applicants propose to fill approximately 0.1 acres of wetlands adjacent to Albemarle Sound in order to enhance the appearance of their yard. Wetlands retain and purify stormwater runoff and provide valuable habitat for numerous species of fish and wildlife. Also, wetlands such as these play a major role in the overall biological productivity of adjacent waters. The project as proposed would convert 0.1 acres of wetlands into high ground and would reduce or eliminate habitat values and physical wetland functions. In addition, this project would add to the cumulative losses of wetlands in this region due to piecemeal permitting of numerous other small scale projects. While this project is inconsistent with North Carolina Wildlife Resources Commission's Policies and Guidelines for Conservation of Wetlands and Aquatic Habitats, due to the small Rayburn & Chew Burgess 2 September 16, 1994 DEM ID - 94808 and isolated nature of the site to be filled, this agency will withhold its recommendation for denial. Loss of wildlife habitat may be used as a supporting factor should other environmental values warrant denial of certification. We appreciate the opportunity for providing our input into this permit review. If further information is needed, please contact Pete Kornegay at (919) 338-3607. PK/fm cc: The Honorable Russell M. Hull, Jr. The Honorable Jerry W. Wright The Honorable C.J. Belch, Jr. Pete Kornegay, District 1 Fisheries Biologist David Rowe, District 1 Wildlife Biologist State of North Carolina Department of Environment, Health and Natural Resources • • Dlvlslon of Coastal Management James B. Hunt, Jr., Governor p E H N F? Jonathan B. Howes, Secretory Roger N, Schecter, Director September 27, 1994 1994 Rayburn G. and Chew T. Burgess 136 Edgewater Drive Shiloh, NC 27974 RE: DEM IDS 94808, Nationwide Permit Application for an activity located in Camden County. Dear Mr. and Mrs. Burgess: The North Carolina Division of Coastal Management has reviewed the above referenced application for a Nationwide Permit dated August 18, 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: 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 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. 3. US Army Corps of Engineers authorization is given for this proposal. 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) 264-3901 if you have any questions or need further assistance. Sincerely, David R. Griffin District Manager DRG/dc cc: Preston P. Pate, Jr. Steve Benton, Consistency Coordinator Wilmington District Engineer; ATTN: CESAW-CO-E John Dorney, DEM/Raleigh 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone 919-264-3901 FAX 919-246-3723 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper C? DEM ID: 0 LL- ACTION ID: Nationwide Permit Requested (Provide Nationwide Permit ft 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 •7 P.O. Box 29535 Raleigh, NC 27626-0535 AM: MR. JOHN DORNEY Telephone (919) 733-5083 il1L.,,, ; 1 AUG 2 9 1994 _ WATER QUALITY SECTION 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: R A Ybq R N CT K CH I; W T• &V K G ESS 2. Owners Address: 13n EDGEwAT?fZ D12 CAMC)F-N Poi NT S110REG, SN (LOH, N,C 3. Owners Phone Number (Home): (qo4) 46; -71 ,2,0 (Work): (SV 4) 4 b0 - X125 4. If Applicable: Agent's name or responsible corporate official, address, phone number. 5. Location of work (MUST ATTACH MAP). County: C.A MD En( Nearest Town or City: S H i t or1 Specific Location (Include road numbers, landmarks, etc.): I3 t-;1DG5WATER. DR-, 3rf11.01} , K C 6. Name of Closest Stream/River: A1 6EIZMhk LC7 S o u N' o 7. River Basin f'?QttdlrK Rt`Z 8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO [ ] 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: L Eh?? T k AN 1/3 OF Aiv ACPE - - 11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: Filled: i.r,?55 T rt A 4 ii o Drained: Flooded: Excavated: Total Impacted: Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): 13. Purpose of proposed work: F i G L, I N A Q , E h e Fo p r, 2 ASS T U G R 1) W A P, t; A 7 o fTOP Wr-Rti,eeA5 - 14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures taken to minimize wetland impacts. IT 13 A VERY L1r 1 ~ h 2 A ?? ` 2 E T2y N? T c P k Lk_ - Ft1WJG TrE Ar,_eA GZE6ttirStEb t ?1E-6D ?1 Tc ENt?Rr(c? T1l 1.--COk. OF Tnr= `1A 15. You You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service tS in the permit area at that may be affected by the proposed project listing Have you d ne so threatened Te)ces or n0' critical habitat 'RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS. 16. You are required to contact the State Historic Peso. ration 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: O 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? ,&-S i D E N T I AL- F. If applicable, what is proposed method of sewage disposal? 3 r PT I c TA N Y-? Cwner'$ Signatare 6/18 RAYBU. J G. AND WIFE CHEW T. SH I LOH CAMDEN COUNTY, SCALE 1 a 30 BURGE! . A BURGESS TOWNSHIP NORTH CAROLINA FEBRUARY 10. 1994 BEING LOT 136 EDGEWATER SUBDIVISION RECORDED IN MB 2. P 91. i ScvNp P C]1t`iLYL Lfd ?,o.lL ElAa7 ?' VICINITY MNP A L_?B M A RL7c c-aOt? Np ?L ? . mow. ?? -??_ ?-•_?_. -?^--.?- o 4?, NI.?I l5• ?P P ?- NU 29 OOD'_ 100.00 4 I , I.lOT? ? GONV?`l L1NGE x?NVS Tb NJA'? ?Lo t31 ? 8 I ; H IP I?•oo' g m I - ?r ? ?`?? PROPOSED Q? (V W ADDITION UUA g Ib•Oo' 4004' i0,o7' ? N I 2 1_ ,fl + I I IF 94g?oo To S68 29 OOE 100.00 ate' • ?.? •?.......... ;'r MaCle ? camdu? 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