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
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?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.
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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
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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.
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