19941081 Ver 1_COMPLETE FILE_19941128

State 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. James S. Moffitt, Jr.
P.O. Box 1980
Swansboro, N.C. 28584
Dear Mr. Moffitt:
4 op
ID EHNR
December 7, 1994
Carteret County
DEM Project # 941081
FILE COP'
You have our approval to place fill material in 1000 square feet of wetlands or waters for the
purpose of filling in tree-related depression at Lot 35, Margin's Bay, as you described in your
application dated 23 November 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 an}, 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 Domey at 919-733-1786.
Attachment
re
l
pPPSice
estop Howard, Jr. E.
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
Mr. John Domey
Central Files
941081.1tr
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunry Affirmative Action Employer 50% recycled/ 10% post-consumer paper
. LD: (-I (-/ / U 6 ( ACTION ll):
.ionwide Permit Requested (Provide Nationwide Peimi( 11).
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certificatio
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAQLMtNT
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 [phone] - ATTN: MR. JOAN IDORNEY
5C.,O-r Me eNr>o4 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: James S. Moffitt, Jr.
2. Owners Address: PO Box 1980, Swansboro, NC 28584
3. Owners Phone Number (Home): 91 9- 2 4 7- 3 8 0 4 (Work): 919-393-8813
4. If Applicable: Agent's nariic or responsible corporate official, address, phone number:
N/A
5. Location of work (MUST ATTACII MAP). County: 7-
NcarestTown or City: - Swansboro/Cedar Point
Specific Location (Include road numbers, landmarks, etc.): Lot #35, Magen' s Bay
6. Name of Closest Streani/River:
7. River Basin: Nl/¢
8. Is this project located in a watershed classified as Trout, SA, I IQW, ORW, WS I, or WS II? YES [yam NO [ j
9. Have any Section 404 permits been previously requested for use on this property? YES [ J NO [,q?
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
Lot 100 x 300
Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled:
Drained: /Yl,?'
Flooded: ///
Excavated AV *
Total Impacted: _
t2. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only):
13. Purpose of proposed work:- To rotect
Structure has be e a ition of 1.
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note mcast?i
taken to minimize wetland impacts. we an s
15. You arc required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service
(NMFS) regarding the presence orally Federally listed orproposed for listing endangered or threatened species or critical
habitat in the permit area that may be affected by the proposed project. I-lave you done so? YES [ ) NO [XJ 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 in the permit area which may be affected by the proposed project? Have you done so? YES [ ] NO [XJN/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? Resident i al
R If applicable, what is proposed method of sewage disposal? _ N JA _ e 9
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