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
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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
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--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
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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