19940480 Ver 1_COMPLETE FILE_19940525

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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. Billie Raye Turner
Route Box 215-A
Pink Hill, N.C. 28572
Dear Mr. Turner:
ATF
?EHN1?
June 29, 1994
June County
DEM Project # 94480
FILE COPY
You have our approval to place fill material in 1.3 acres of wetlands or waters for the
purpose of hog house construction at SR 1150 and Hwy 258, as you described in your
application dated 23 May, 1994. After reviewing your application, we have decided that
this fill is covered by General Water Quality Certification Number 2671. This certification
allows you to use Nationwide Permit Number 26 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. 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 b ave any questions, please telephone John
Dorney at 919-733-1786.
Sinc rely,
?k-j Dir I ? .
eston Howard, J?r E.
• 1)" Director
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field. Office
Washington DEM Regional Office
Mr. John Dorney
Central Files
94480.1tr
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% past-consumer paper
DEM ID: C l U ACTION ID: N q--% `i 0'3 1'1 a(
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o Nationwide Permit Requested (Provide Nationwide Permit #): 1-
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JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401,certW4ca.tion
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANS GEMENT
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT,:HEAun, 1991
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. JOIIN DORNEY ?- ``.'
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: ?t t t" R(i v e- r N e- r
2. Owners Address:
2/5"-A I p11,,)k l1;/l,N9-, 2", 72-
3. Owners Phone Number (Ilome): 019) 5( 8 - '-')- M (Work): Ll 1
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
,-68- y2Y6
5. Location of work (MUST ATTACH MAP). County: N Q- S
Nearest Town or City: CDmforT /UC
Specific Location (Include road numbers, landmarks, etc.): .did J-e r s -e c f eW of 1 s? - 1152
e-kvt-v( yiu v 2
6. Name of Closest Stream/River: Get f 57PAMck 4-44/1 5-47D , le- r i rJ A, 4-i ck ,410 e 54-,9
7. River Basin: N 4 u S -2
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO 'X
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO
!X
If yes, explain.
10. Estimated total number of acres of waters of (lie U.S., including wetlands, located on project site:
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: /, 3 A C
Drained:
Flooded:
Excavated:
Total Impacted: Z, 3 •A-C
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only):
13. Purpose of proposed work: '
14 note measures'
. State reasons why the applicant believes that this activity must be carried out in wetlands. Also,
taken to minimize wetland impacts•
and/or
are reaired to contact the U.S. Fish and Wildlife Serrvic f U1 st ngenclangered° thr at ned F?ci s eo critical
15. Yo No [
(NMFS) regar y listed or proposed r
ding the presence or any Federall
i o m r
habitat) the permit area that may be affected by die proposed project. Have you o 9q
TO CORPS YES ]
RESPONSES FROM THE USFWS AND/OR NMFS SHOO D BOE?c RWS DE regarding Ore pre vice of historic
16. You are required to contact the State Historic Preservation NO[
roPerties in the permit area which may be affected by the proposedCrOojST Have you done so? YES
P / 0 hltrt 9?f
RESPONSE FROM THE SHPO SHOULD BE FORWARDED T
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands,
lds to be impacted by project.
B. If available, representative photograph of wet
C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the
delineation line.
is required for this project, attach copy.
D. If a stormwater management plan
D
E. What is land use of surrounding property?
F. If applicable, what is proposed method of sewage disposal?
Date
Owner's Signature
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NOTIFICATION FORM
INFORMATION SHEET
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
A. NOTIFICATION TO THE CORPS OF ENGINEERS DISTRICT ENGINEER. (REFER TO
ITEM 11. BELOW FOR DIVISION OF ENVIRONMENTAL MANAGEMENT APPLICATION RE-
QUIREMENTS AND SPECIFICALLY NOTE NWP 26 DIFFERENCE.)
Certain nationwide permits require notification to the Corps of Engineers before work can proceed. They are as follows;
NWP 5 (only for discharges of 10 to 25 cubic yards)
NWP 7
NWP 13 (only for stabilization activities in excess of 500 feet in length or greater than,an average of one cubic yar(
per running foot)
NWP 14 (only for fills in special aquatic sites, including wetlands, and must include a delineation of affected specia
aquatic sites)
NWP 17
NWP 18 (required when discharge exceeds 10 cubic yards or the discharge is in a special aquatic site and must include
a delineation of the affected special aquatic site, including wetlands)
NWP 33 (must include a restoration plan of reasonable measures to avoid and minimize impacts to aquatic resources
NWP 37
NWP 38 (must include a delineation of affected special aquatic sites, including wetlands)
For activities that may be authorized by the above listed nationwide permits that require notification, the
applicant shall not begin work
a. Until notified that the work may proceed under the nationwide permit with any special conditions imposed b;
the District Engineer, or
NWP 26 (only for greater than 1 acre total impacts and must include a delineation of affected special aquatic sites
Including wetlands)
NWP 21 (must include a delineation of affected special aquatic sites, including wetlands)
b. If notified that an individual permit may be required, or
c. Unless 30 days (calendar) have passed from the time a complete notification is received by the District Enginee
and no notice has been received from the District Engineer, and required stale approvals have been ob(ainec
Required stale approvals include: 1) a Section 401 water quality certification if authorization is requested for
discharge of dredged or fill material, and 2) an approved coastal zone management consistency determination i
the activity will affect the coastal area.
Use of NWP 12 also requires notification to the District Engineer, but work may not begin until writtei
concurrence is received from the District Engineer. The time periods described above do not appl3
Furthermore, requirements to notify the U.S. Fish and Wildlife Service (USFWS), the National Marin
Fisheries Service (NMFS), and the State Historic Preservation Office (SI iPO), as indicated below and on th
notification form, do not apply.
B. APPLICATION TO DEM FOR NATIONWIDE PERMIT SECTION 401 CERTIFICATION.
Certain nationwide permits require an application to DEM in order to obtain Section 401 water quality certificaliol
They are NWP 6, NWP 12, NWP 15, NWP 16, NWP 17, NWP 21, NWP 33, NWP 34, NWP 38, and NWP 40.
Certain nationwide permits were issued general certifications and require no application. They are NWP 3, NWP
NWP 5, NWP 7, NWP 20, NWP 22, NWP 23 (requires notification to DEM), NWP 25, NWP 27, NWP 32, NWP 3(
and NWP 37.
The following nationwide permits were issued general certifications for only limited activities: NWP 13 (for project
less Iran 500 feet in length), NWP 14 (for projects that impact waters only), NWP 18 (for projects with less than
cubic yards of fill in waters only), and NWP 26 (for projects with less than or equal to one-third acre fill of waters c
wetlands). Projects that do not meet these criteria require application for Section 401 water quality certificallons.
Q
C. NOTIFICNFION/APPLICATION PROCEDURES.
The allached form should be used fo obtain approval from (lie Corps of Engineers and/or the N.C. Division e
Environmental Management as specified above. The pertnitlee should make sure that tilt necessary htfornadon I
provided in order to avoid delays. One copy of lie Completed form is required by the Corps of Engineers and seve
copies are required by DEM. Plans and maps tnustgbe on 8 1/2 x 11 inch paper.
Endangeted species
Wildlife Service mid/or the tNational Marine Fisheries Service regarding the?pr pesence of endangered lspeci s that t m
be affected by lie proposed project.
U.S. FISH AND WILDLIFE SERVICE
RALEIGH FIELD OFFICE
P.O. Box 33726
Raleigh, NC 27636-3726
Telephone [phone]
NATIONAL MARINE FISIIERIES SERVICE
IIABrrXTCONSERVArION DIVISION
I'ivers Island
Beaufort, NC 28516
Telephone [phone]
Historic resources requirement: For Corps of Engineers notifications only, applicants must notify the Slate tlistot
Preservation Office regarding lie presence of historic properties that may be affected by lie proposed project.
STATE HISTORIC PRESERVA nON OFFICE
N.C. DIVISION OF ARCIIIVES AND IIISTORY
109 East Jones Street
Raleigh, NC 27601
Telephone [phone]
inforniation obtained from these agencies should be forwarded to the Corps.