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Home My WebLink About19940573 Ver 1_COMPLETE FILE_19940621State 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 James Properties P.O. Box 1329 Wilson, N.C. 27893 Dear Sirs: 1 F:5WA ,* 7reA ID F= F=1 June 24, 1994 Wilson County DEM Project # 94573 FILE COPY You have our approval to place fill material in 0.106 acres of wetlands or waters for the purpose of storm sewer construction at Deer Creek subdivision, as you described in your application dated 20 June 1994. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 2664. This certification allows you to use Nationwide Permit Number 12 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 have any questions, please telephone John Dorney at 919-733-1786. Sincerely, 4?rectreston oward, Jr P.E. or Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office Raleigh DEM Regional Office Mr. John Dorney Central Files Leo Green III, F.T. Green and Associates 94573.1tr P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 5096 recycled/ 10% post-consumer paper Cll (I 5-? -?) F.T.GREEN& ASSOCIATES y ENGINEERS / PLANNERS / SURVEYORS bi. POST OFFICE BOX 609 1 303 NORTH GOLDSBORO STREET I WILSON, NORTH CAROLINA 27893 TELEPHONE (919) 237-5365 June 20, 1994 Water Quality Planning Division Of Environmental NC Department of Environment, Health And Natural Resources P. O. Box 29535 Raleigh, North Carolina 27626-0535 Attention: Mr. John Dorney Subject: Deer Creek Nationwide Permit #12 Dear Sir: q Please find attached seven (7) copies of the Nationwide Permit for the subject project. The total acreage of wetlands contained within the roadway system is 0.106 acreas. I trust this information is sufficient for your review If you have any questions or require further information, please advise. Respectfully, ELGIII/lpc F. T. GREEN & ASSOCIATES, P.A. E. Leo Green, III d59.060394 INFORMATION SHEET NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION To THE CORPS OF ENGINEERS NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION A. NOTIFICATION TO THE CORPS OF ENGINEERS DISTRICT ENGINEER. (REFER TO ITEM B. BELOW FOR DIVISION OF ENVIRONMENTAL MANAGEMENT NOTIFICATION REQUIREMENTS 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 yard per running foot) NWP 14 (only for fills in special aquatic sites, including wetlands, and must include a delineation of affected special 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 21 (must include a delineation of affected special aquatic sites, including wetlands) NWP 26 (only for greater than 1 acre total impacts and must include a delineation of affected special aquatic sites, 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 by the District Engineer, or 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 Engineer and no notice has been received from the District Engineer, and required state approvals have been obtained. Required state approvals include: 1) a Section 401 water quality certification if authorization is requested for a discharge of dredged or fill material, and 2) an approved coastal zone management consistency determination if the activity will affect the coastal area. 3/30/92 -2- r Use of NWP 12 also requires notification to the District Engineer, but work may not begin until written concurrence is received from the District Engineer. The time periods described above do not apply. Furthermore, requirements to notify the U.S. Fish and Wildlife Service (USFWS), the National Marine Fisheries Service (NMFS), and the State Historic Preservation office ('SHPO), as indicated below and on the notification form, do not apply. B. REQUEST TO DEM?FOR NATIONWIDE PERMIT SECTION 401 GENERAL CERTIFICATION CONCURRENCE OR INDIVIDUAL SECTION 401 CERTIFICATION. Certain nationwide permits were denied general 401 certification by the State of North Carolina and, thus, require individual Section 401 water quality certifications. They are NWP 17, NWP 21, and NWP 34. Certain nationwide permits have general certificatioild, but require concurrence from the N.C. Division of Environmental Management that the general certification applies to a proposed action. They are NWP 6, NWP 7, NWP 12, NWP 13, NWP 14, NWP 15, NWP 16, NWP 18, NWP 26 (if greater than 1/3 acre total impact), NWP 33, NWP 38, and NWP 40. NWP 23 requires only that the applicant notify DEM. C. APPLICATION PROCEDURES. The attached form should be used to obtain approval from the Corps of Engineers and/or the N.C. Division of Environmental Management as specified above. The applicant should make sure that all necessary information is provided in order to avoid delays. One copy of the application is required by the Corps of Engineers and seven copies are required by DEM. Plans must be on 8 1/2 x 11 inch paper. Endangered species requirement: For Corps of Engineers notifications only, applicants must notify the U.S. Fish and Wildlife Service and/or the National Marine Fisheries Service regarding the presence of endangered species that may be affected by the proposed project. U.S. FISH AND WILDLIFE SERVICE RALEIGH FIFL.D OFFTrE P.O. BOX 33726 RALEIGH, NC 27636-3726 Telephone (919) 856-4520 NATIONAL MARINE FISHERIES SERVICE HABITAT CONSFFVATION DIVISION PIVERS ISLAND BEAUFORT, NC 28516 Telephone (919) 728-5090 Historic resources requirement: For Corps of Engineers notifications only, applicants must notify the State Historic Preservation office regarding the presence of historic properties that may be affected by the proposed project. STATE HISTORIC PRESERVATION OFFICE N.C. DIVISION OF ARCHIVES AND HISTORY 109 EAST JONES STREET RALEIGH, NC 27601 (919) 733-4763 Information obtained from these agencies should be forwarded to the Corps. (WIT DEM ID: ACTION ID: NATIONWIDE PERMIT APPLIED FOR (PROVIDE NATIONWIDE PERMIT 12 JOINT APPLICATION FORK FOR NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO CORPS OF ENGINEERS 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, AND NATURAL RESOURCES P.O. BOX 29535 RALEIGH, NC 27626-0535 ATTN: MR. JOHN DORNEY Telephone (919) 733-5083 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 Properties 2. OWNERS ADDRESS: P. 0. Box 1329 3. OWNERS PHONE NUMBER (HOME): (WORK): (919 291-7800 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: N/A 5. LOCATION OF PLANNED WORK (ATTACH MAP). COUNTY: Wilson NEAREST TOWN OR CITY: Wilson SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): 4000 Linear feet from the intersection of Hwy 58 and SR 1332 along SR 1332 towards SR 1323 6. NAME OF CLOSEST STREAM/RIVER: Toisnot Swamp 7. RIVER BASIN: Neuse 8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HOW, ORW, WS I, OR WS II? YES (x) NO [ ] 9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [x] NO ( ) IF YES, EXPLAIN. NW Permit #14 for 0.022 Acres 10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, LOCATED ON PROJECT SITE: 1.50 3/30/92 -2- 11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY THE PROPOSED PROJECT: FILLED: -0- DRAINED: -0- FLOODED: -0- EXCAVATED: 0.106 TOTAL IMPACTED: 0.106 12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): 30" RCP will pick-up run nff which is being placedj on this property from Dewfield subdivision, lip grade from Dept C:rPPk subdivision, 13. PURPOSE OF PROPOSED WORK: Pick = off site drainage and carry it through irnaart via .pro. J Storm drainage system. 14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS. This location only location where uD jzrade subdivision is dumT or 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 THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. HAVE YOU DONE SO? YES [X) NO ( ) 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 (X) NO ( ) 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 IMP}ACTED 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? Residential/Agriculture F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? Gravi ty O R'S SI ATURE DATE \I . . NATIONWIDE 1 2 DEER CREEK PERMIT REQUEST WILSON COUNTY, N.C. CADFILE"DEERCKPM.DWG" W/o: 594-089 SCALE: 1" - 200, PLOT DATE: JUNE 20, 1994 /. /5e- i ?!<2 v Ne? Hope (1313' Trailer •? __-_ o ??? ?? ` ?? i j? 327) Park ems '(1332) 1P 0 . /39 Dunn '. I? Crossroads /5 tern ? o. ??, _ o /?? o f o •• /F olf Cem C urse f ! ? o (i3 •? 10 ??- - o ?? i -A. l45 •? (1323 Z Ch .13 • 's ? 1 Pence 332); -(,h x/4! :•O Tee 151 O.. Gethsemi t54- ° EgGREEN 1320, ?'EMORIAL GARDENS St Matthew 6 Ch \ Jerusalem ?% .! ?'• i As •nsion Ch. Pine \ Substation Covenant /Sq \ • r • • stmoreland 1' Ch 5t® Ch1 31 u ?• ?( ?" 'WILSON x1326) -T [k ' W / `• stNash Ch 'i I? ?. ` ?q2) Water ?'(1323) /os • ? • : C D 2jdflk Ralph L Flke ?? • =Cem Fire •' , ?. High Sch 4V NKS T.1. '34 (WILSON •1 •R2 500) ? 1.3 M!. TO U S. 764 216 r. r'I WNB OPS 18 MMi. l. 57 ?30n 5455111 CLAYTON 33 M!. I SCALE 1:24 000 1 1 MILE 2 0 1000 0 1000 2000 3000 4000 5000 6000 7000 FEET 1 .5 0 1 KILOMETER CONTOUR INTERVAL 10 FEET NATIONAL GEODETIC VERTICAL DATUM OF 1929 N.C •)