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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 111'1 , ,I,V„ _, - 2 3 3T iv, a s • • Project name- `" ",Z A-e-e-42'-`? Ne 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. • . 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 4 9Fgi 4 5357 // SW SOUTH HILL. VA. 18 Ml. (BRACEIY) I R2.5 Mi. TO INTERSTATE 85 10r /?jQ T'1T'? iTSC?\ ?--i r r 7'T-C Cc? Cam T ?'?T S ? \ v ? ? ? - I ? \ y 5 3 \ / -(C - f Lam- l? 'a -erg '38 77 u /! r .- o' .. 3 - ? v .r?• 350 t?. .- ???? Z ' 350 379='?? 1229 _) 1 50 (rf/ 397' _ =r ( \ ?? 350 t , 35U 75 \ j 385 J, Io I < Qom) ?? ?? '? ( ?h ?. ?( c Sdh 29 '9;;e ?m ? ??? '•? -? a L__ - - °o ? ??1? 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 110 x9jr; low COUSQ kWh a awmST ovary Own an aw"whm Any app"Um rw 01 qdfn�yj Tpml in, Vf4YAY j4urQq0"lj, knKKAII Ny"Mumcm, B."', mme 4&.:ie Vowments. and MO A OWN YM K din Vinumm rMadnon Munn: 0>Y 001m qMn� �V' n;qo 101 411 A n�. unvm 10 Anny" c [n maxy wipma" is to Now pym? 1 Amy roquqwpowlt NuArg A, lo ww� I Vop mawn! in >0 w pkm ilea wo v my- ;neon oes no w hu wkmi [a m4on11u : - Ymonno PPI Quo byWsn COnvilunnn- MY "W wwKK M i � lrcfl nlvo hv p a Fomm uAgAwna und 0 nm np� VV 170"Voc Mad V o�!' Kli'w'rm, A "A coy (WORP 0101 by Chun 0 0�. 0� a K savvy in �S rwoyw mo� PK qp, A p;& qKVwqt Wwwo V rwm'w'v��Ifj "N8'1l:�� K uw* w�k 1 MAm HT 10 COCURKU" AA to ARK -T, K 1 on so Awwwod SAY M an OVA WAS w K 1 0"fawn, n 0 �7p n? �0' 'i hy"Ind-up low—V �V nil via usunan of Noah 1`1 p:' 19. Merse Impacts trooi on Qv . ,M N 7 ? dn/ a/en?u? p7 i / loo ?r' C . C Aim Y 4Rf %Si? h .(g 9`? 17 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