HomeMy WebLinkAbout19941060 Ver 1_COMPLETE FILE_19941116State 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. Emery Keeter
Route 1 Box 262A
Norlina, N.C. 27653
Dear Mr. Keeter:
FILE C014?;i`
You have our approval to place fill material in 0.52 acres of wetlands or waters for the purpose
of construction an irrigation pond at your farm, as you described in your application dated 7
November 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 have any questions, please telephone John Dorney at 919-733-1786.
Sincerely,
estonard, J . E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DEM Regional Office
Mr. John Domey
Central Files
John Parrish; USDA-SCS, Warren County
941060.1tr
AIFIFAA
?EHNR
December 9, 1994
Warren County
DEM Project # 941060
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
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Project name- `" ",Z A-e-e-42'-`?
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County /?Vedand are, ?-Z acres
Wetland type (select one) ? Other
? Swamp forest ? Shoreline •
Bottomland hardwood forest ? Brackish marsh ;
? Carolina bay ? Freshwater marsh
? Pocosin ? Bog/Fen •
? Pine savannah ? Ephemeral wetland ;
? Wet flat •
The rating system cannot be applied to salt marshes. ;
Water storage sum •
Bank/Shoreline stabilization 3 x 4.00 -
Pollutant removal---7--:17.....
Sensitive watershed ' x 1.50 -
Travel corridor _3_._
Special ecological attributes
Wildlife habitat _ x 1.50 =
Aquatic life value - 3
• • • • • • • • • • • • • • e • • • • • • • • s • • • • • • • • • • • •
Recreation/Education 6
x0.25=
Economic value
s
Wetland score.
•
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Wetland Vdth Z feet
0 0 0 0 e 0 0 0 0 0 0 0 • 0 0
9 L-1 / 0
-----------------------------------------------------
UNITED STATES SOIL 133 1/2 S. MAIN ST.
DEPARTMENT OF CONSERVATION WARRENTON, NC 27589
AGRICULTURE SERVICE (919)-257-3836
------------------------------------------------------------
November 7, 1994
Mr. John Dorney
NC DEHNR,DEM
PO Box 29535
Raleigh, NC 27626-0535
Dear Mr. Dorney:
Enclosed are 7 copies of the information needed for
Nationwide Permit # 26 for Emery Keeter. Mr. Keeter wishes
to build an irrigation pond in Warren Co. and the Soil
Conservation Service is offering Inventory and Evaluation
assistance.
We have visited the site along with Jean Manuel of the
US Army Corps. of Engineers, and have determined the wetland
effected to be 0.52 Acres. I hope this is all the
information you need to process the permit for Mr. Keeter as
he wants to begin construction soon so he may contain the
winter rains.
Thank you for your efforts on this and please call if
you have any questions.
Sincerely,
ohn Parrish
District Conservationist
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. County
aAX R E W
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner/Agent
Address Z& . 1 Box ?6.2j+ AIJRLlly,4 il/L g7¢ .s3
Telephone No. 6-
Size and Location of project (waterbody, 'road name/number, town, etc.)
N x'11 AU E L k E Ee ZdY C- AI C - e4-P
S-1a W y us 1 _
Description of Activity
7A/ A0,411) /Z / I-)A-M 4o nd 1' -3.6 k,,
I,)C)kt,
Section 404 (Clean Water Act, 33 USC 1344) only.
Section 10 (River and Harbor Act of 1899) only.
Section 404 and Section 10.
a6 Regional General Permit or Nationwide Permit Number.
Any violation of the conditions of the Regional General or Nationwide Permit referenced above may subject the
permittee to a stop work order, a restoration order, and/or appropriate legal action.
This Department of the Army Regional General/Nationwide Permit verification does not relieve the undersigned
permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee
may need to contact appropriate State and local agencies before beginning work.
By signature below, the permittee certifies an understanding and acceptance of al erms and conditions of this
permit.
Property Owner/Authorized Agent Signature
Regulatory Project Manager Signature
Date Expiration Date
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE ATTACHED TO
THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
CESAW Form 591
Dec 1993
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NOTIFICATION FORM 9q10('C)
INF ORMATION 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 B. BELOW FOR DIVISION OF ENVIRONMENTAL MANAGEMENT APPLICATION RE-
QUIREMENTS AND SPECIFICALLY NOTE NWP 26 DIFFERENCE.)
Certain nationwide permits require notification to the Co fps of Engineers before work can proceed. They are as follows:
NWP 5 (only for discharges of 10 to 25 cubic yards)
NWP7 i
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)
NWulmnDge only for greater than 1. acre total impacts and must include a delineation of affected special aquatic sites,
inwetlands)
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.
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. 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 certification.
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 4,
NWP 5, NWP 7, NWP 20, NWP 22, NWP 23 (requires notification to DEM), NWP 25, NWP 27, NWP 32, NWP 36,
and NWP 37.
The following nationwide permits were issued general certifications for only limited activities: NWP 13 (for projects
less than 500 feet in length), NWP 14 (for projects that impact waters only), NWP 18 (for projects with less than 10
cubic yards of fill in waters only), and NWP 26 (for projects with less than or equal to one-third acre fill of waters dr
wetlands). Projects that do not meet these criteria require application for Section 401 water quality certifications.
C. NOTIFICATION/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 permittee should make sure that all necessary information is
provided in order to avoid delays.. One copy of the completed form is required by the Corps of Engineers and seven
copies are required by DEM. Plans and maps 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 NATIONAL MARINE FISHERIES SERVICE
RALEIGH FIELD OFFICE HABITAT CONSERVATION DIVISION
P.O. Box 33726 Pivers Island
Raleigh, NC 27636-3726 Beaufort, NC 28516
Telephone (919) 8564520 Telephone (919) 728-5090
cyy ? o?c?
Historic resources requirement: For Corps of Engineers notificationsIonly, applicants must notify the State
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
Telephone (919) 733-4763
?k ex,e.e ` ?.\\\- mac\e
Information obtaineArom tTiese agencie? should be forwarded to the Corps.
?? r..eaC-\S G?e ave. ????
AIR
DEM ID: ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): r?l
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for 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: E cc.ec .,p?c _
2. Owners Address: Roue 1. C3ox ?4,? A t1r,c L'Y.? . t,?,c_
3. Owners Phone Number (Home): (Work):
4. If Applicable: Agent's name or responsible corporate official, address, phone number.
5. Location of work (MUST ATTACH MAP). County: dc-
Nearest Town or City:
Specific Location (Include road numbers, landmarks, etc.):)C\,"' Q e 6& \,k. S, Al_, 'S V
\1a. yx:Ae_. o? ?i?l tie a - 3 rY;.?eS N o& ?oc \?.ti tJ.C
6. Name of Closest Stream/River. l`?ado s ce?k
7. River Basin: c-
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO [v]'
9. Have any Section 404 permits been previously requested for use on this property? YES I ] NO .[
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: i."
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: /40 ,06 h,
Drained:
Flooded: DDD
Excavated:
Total Impacted: ?a? 600 'go .? = - 5a Ac
W,
12. Description of proposed work (Attach PLANS-8 1/2" X111" drawings only): .. ?, a
13. Purpose of proposed work: l r ?: off. o? ?-p\rs.re r') -, new V o.ae,( kK ,rrA c c-? o
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. V\ ?s? r coPr`k ?\?c?P r ?. P
\.l, ? ? t11?'T oc n v ? p `fir o ? n\.-? ? . r?? Cc- T L C? o n .n?e \` .6' c c? c?? .
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 orthreatened species or critical
]
habitat in the permit area that may be affected by the proposed project. Have you done so? YES [,,]' 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 [,4' 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 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? \?••??\ 4 r c \ r P ?.l?pr?'.?\
F. If applicable, what is proposed method of sewage disposal? v J I A
Owner's i ature Date