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HomeMy WebLinkAbout19930927 Ver 1_Complete File_19991102State of North Carolina Department of Environment, Health and Natural Resources 4 • o Division of Environmental Management wook James B. Hunt, Jr., Governor ID C F1 Jonathan B. Howes, , Secretary A. Preston Howard, Jr., P.E., Director November 1, 1993 Melinda S. Ballou P.O. Box 2328 Morehead City, N.C. 28557 Dear Ms. Ballou: Subject: Proposed fill in Wetlands or Waters Residential construction site Carteret County DEM Project # 93927 Upon review of your request for 401 Water Quality Certification to place fill material in 0.10 acres of wetlands or waters which are tributary to Peletier Creek for residential construction located at Lots 3 and 4 Friendly Road Industrial Park Subdivision in Carteret County as described in your submittal dated 29 October 1993, we have determined that the proposed fill can be covered by General Water Quality Certification No. 2733. A copy of the General Certification is attach6d. This Certification may be used in qualifying for coverage under Corps of Engineers' Nationwide Permit No. 18. 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, r reston Howard Jr. P.E. 93927.1tr Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DEM Regional Office Mr. John Dorney Central Files 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 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEE P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 December 9, 1993 IN REPLY REFER TO Regulatory Branch ?? A r Action ID No. 199400439 and Nationwide Permit No. (Minor Discharges) Dear Ms. Ballou: Ms. Belinda Ballou Post Office Box 2328 Morehead City, North Carolina 28557 Reference your application of October 29, 1993, for Department of the Army (DA) authorization to place fill material in 4400 square feet of wetland adjacent Peletier Creek to grade an area for a building site on your property located at Lots 3 & 4 in the Friendly Road Industrial Park near Morehead City, North Carolina. For the purposes of the Corps of Engineers' Regulatory Program, Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the Federal Register on November 22, 1991, lists nationwide permits. Authorization, pursuant to Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act, was provided for discharges of dredged or fill material into all waters of the United States provided: a. The discharge does not exceed 25 cubic yards; b. The discharge will not cause the loss of more than 1/10 acre of a special aquatic site, including wetlands. For the purposes of this nationwide permit, the acreage limitation includes the filled area plus special aquatic sites that are adversely affected by flooding and special aquatic sites that are drained so that they would no longer be a water of the United States as a result of the project; Your work is authorized by this nationwide permit provided it is accomplished in strict accordance with the enclosed conditions and provided you receive a Section 401 water quality certification from the North Carolina Division of Environmental Management (NCDEM). You should contact Mr. John Dorney, telephone (919) 733-1786, regarding this water quality certification, In the coastal area, you should obtain a consistency determination from the North Carolina Division of Coastal Management (NCDCM). Please contact Mr. Steve Benton, telephone (919) 733-2293, regarding your consistency determination. This nationwide permit does not relieve you of the responsibility to obtain other required State or local approval. This verification will be valid for two years from the date of this letter unless the nationwide authorization is modified, reissued or revoked. Also, this verification will remain valid for the two years if, during that period, the nationwide permit authorization is reissued without modification or the activity complies with any subsequent modification of the nationwide permit authorization. If during the two years, the nationwide permit authorization expires or is suspended or revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced '(i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. -2- Questions or comments may be addressed to Mr. Scott McLendon, Wilmington Area Field Office, Regulatory Branch, telephone (919) 251-4636. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure Copies Furnished (without enclosure): ,m" - John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. Steve Benton North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. Jim Gregson North Carolina Division of Environmental Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Mr. Charle Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 Blind copy furnished: 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 ?EHNF1 November 22, 1993 Ms. Melinda S. Ballou P.O. Box 2328 Morehead City, N.C. 28557 RE: DEM ID# 93927, Nationwide Permit Application for an activity located in the Industrial Park Subdivision, Town of Morehead City, Carteret County. Dear Ms. Ballou: The'North Carolina Division of Coastal Management has reviewed the above referenced application for a Nationwide Permit 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. Sincerely, Charles S. J District Manager cc: Preston P. Pate, Jr. Steve Benton, Consistency Coordinator Wilmington District Engineer; ATTN: CESAW-CO-E John Dorney, DEM/Raleigh David Sledge P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier 111-12-09 Telephone 919-7267021 FAX 919-247-3330 An Equal Opportunity Affirmative Action Employer 5096 recycled/ 10% post-consumer paper --A? , C(019 ACTION ID: DEM I1. JOINT APPLICATION FORM FOR NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE DISTRICT ENGINEER NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL 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 MANAGEMENT NC DEPARTMENT OF ENVIRONMENT, HEALTH, Y AND NATURAL RESOUR p cv? . P.O. BOX 29535 U RALEIGH, NC 27626-053 ATTN : MR. JOHN DORNEY ? 29 19W Telephone (919) 733-50 991 ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVI ENVIRONMENTAL MANAGEMENT. PLEASE PRINT. 1 OWNERS NAME : . 2 OWNERS ADDRESS : EO a 0 23 8 M o,? c h??A G '-7'y A/ c . -?& S- %> . 3. OWNERS PHONE NUMBER (HOME): ?W 79g2' (WORK): 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: DAU-VO 5. LOCATION OF PLANNED WORK COUNTY : C Ar R.T=-2Z-r7- NEAREST TOWN OR CITY: _ SPECIFIC LOCATION (INCLU (ATTACH MAP). ROAD NUMBERS, d. .f 6. NAME OF CLOSEST STREAM/RIVER: PCIi'fic/L CAO?5K 7. RIVER BASIN: )306 c- 'Otf-JD 8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW, WS I, OR WS II? YES [ ] NO l 9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY'. YES [ ] [X IF YES, EXPLAIN. 10 ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: L222 & --- -?---- 2/3/92 At -2- 11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY THE PROPOSED PROJECT: FILLED: / MA.$- 9?oos? DRAINED: FLOODED: EXCAVATED: TOTAL IMPACTED: ?S 12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): -ALL ./.rs 13. PURPOSE OF PROPOSED WORK: Uv .rv- - - S??'C 14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND te, IMPACTS. LO G O tc ?i?.=r?-f-J G' GV ?T}?1 iOS - 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 THA MAY BE AFFECTED BY THE PROPOSED PROJECT. HAVE YOU DONE SO? YES I FORWARDED TO CORPS. RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE F 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? ( / NO ( ] HAVE YOU DONE SO? YES v 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 MC.P/ L. E. , WHAT IS LAND USE OF SURROUNDING PROPERTY? com ?w F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? OWNER''S SIGNATURE DATE F i fi i I l I z? b m .co L? I o. M F W ? ?V ?a DIVISION' OF WATER QUALITY WATER QUALITY SECTION 401 COMPLIANCE MONITORING FORM DWQ Investigator: ??eQ+?h,?i 5, ?1/tiQll D W Q n 361Z 7 Date : At Time: Regional Office: County: f e?e? Project Name: - Vew L /-12e A575_&.4 i /Y C11 r?wr _ Permittee: A41! Ida 5., 66(4 Location of Project: 5daPe o(- Fri'-&401 j u5? 1ilOv??t p hail "ad frac,-6 , Me re 6xv el 0-fy Type of Development Authorized: Oi / ac, (o°r ?J?t icy/?u? Sife Type of Permit ! Water Quality 'Certification: 7 33 Type of Impact: Wetland Type and DWQ Rating: Nearest Stream: Basin/Sub.: _ Distance of -Wetland Impact from Nearest Surface Water: 0- Specific-401 'Conditions:H_P_1 Is.project in compliance with all conditions: Y ON.. Comments / Description: ??`.`G?` C ?d 4-e ex CMG C?Y (,,14-&,? per;e?? Lya5. A '(Ikcte-cl LV 1t )r-?Wzy GtGo"a55 r.A,,e?Caao?ewea _'445 b fe m, C o _?rct c?d W e- f la l) a µeu r7 dw G,?? ? ? ?r? CO VI1" I S Lr",?(,," a c ?l nq o5 S far w w a fe rr p<PJ Is there a violation of the 401 Certification authorization ? klo If so complete the enforcement section on the back of this form and forward copy to the Central / Regional Office. Signature: /2 Dace: C G DWQ 12196