19950553 Ver 1_COMPLETE FILE_19950602

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- REVISED
Mr. Kenneth Peay
4277 Little Kelly Road
Rocky Point, N.C. 28457
Dear Mr. Peay: AA
[4*9
?EIF.R?FA
NF?
H
August 14, 1995
Bladen County
DEM Project # 95553
FILE COP"
You have our approval to place fill material in approximately 0.07 acre of wetlands or waters for
the purpose of installing a boat access on the Black River at approximately 1.3 miles north of the
junction of Hwy 210 and Hwy 1550, as you described in your application dated 31 May 1995. After
reviewing your application, we have decided that this fill is covered by General Water Quality
Certification Number 2733. This certification allows you to use Nationwide Permit Number 18 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 60 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 Domey at 919-733-1786.
Sincerel
ston oward, Jr.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Fayetteville DEM Regional Office
Mr. John Domey
Central Files
95553.rev
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
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. Kenneth Peay
4277 Little Kelly Road
Rocky Point, N.C. 28457
Dear Mr. Peay:
FILE 66,- ?
You have our approval to place fill material in approximately 0.02 acre of wetlands or waters for
the purpose of installing a boat access on the Black River at approximately 1.3 miles north of the
junction of Hwy 210 and Hwy 1550, as you described in your application dated 31 May 1995. After
reviewing your application, we have decided that this fill is covered by General Water Quality
Certification Number 2733. This certification allows you to use Nationwide Permit Number 18 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 60 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 Domey at 919-733-1786.
Since 1 , ?^ >?7
t
Preston oward, Jr. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Fayetteville DEM Regional Office
Mr. John Dorney
Central Files
95553.1tr
A14reA
NOW
?EHNR
June 7, 1995
Bladen County
DEM Project # 95553
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
SENT BY.'Wilmington District ; 7-125-95*; 14 10 USACE-Reg, Branch-+ 919 783 99594 1
11 V •
U.S. Army Corps
of Engineers
Wilmington Regulatory
Field Office
Matt Flint
Phone: [phone]
Fax: [phone]
Fax TO:
Mr. John Dorney
NC DEHNR
[phone]
Concerning:
DEM Project # 95553, Kenneth Peay, Black River, Bladen
County. Corps Action ID No. 1995032960
Number of Pages to Follow this Cover: ?P-"
- SENT BY:Wilmington District ; 7-25-95 ; 14:10 ; USAGE-Reg. Branch-1 919 733 9959;# 2
July 25,1995
John-
Please reference DEM Project #95553. Y have received a
copy of the approval of 401 Water Quality Certification, dated
rune 79 1995. I am concerned that this application may warrant
a review due to the applicant's miscommunication of his
intentions.
In early June I had placed Mr. Peay's permit application on
indefinite hold, pending a wetland delineation. At this time I
have completed the delineation, had a meeting with the applicant
to discuss the Corps regulatory requirements, and continue to
withhold authorization pursuant to Nationwide Permit No. 18.
The wetlands which I observed on. Mr. Peay's property are
vegetated by bottom land hardwood forest. During site visits in
late rune and mid-July, I observed that the majority of the
wetlands were flooded.
Through recent conversations with Mr. Peay, I have learned
that his intention was to request authorization to excavate a 20'
by 1201 boat basin through wetlands which lie between the river
channel and high ground uplands, using natural topographic
relief to provide a boat ramp into the basin. It did, in fact, seem
that Mr. Peay's Joint Notification Form (PDN) requested
authorization for 0.02 acres of fill in wetlands to create a boat
access, rather than excavation.
.0 1. -%, SENT BY:Wileington District ; 7-25-95 ; 14:10 ; USAGE-Reg. Branch-3 919 733 99594 3
It is my estimate that the proposed project would actually
require a nunimum excavation of 3,000 fl.' (0.068 acre) of 404
wetlands. Excavation of a boat basin would have a minimal
drainage effect on the wetland habitat because flooding would
not be prevented, nor would the water table be lowered.
I am prepared to issue Mr. Peay authorization to excavate
up to 0.10 acre of wetlands for his project if you will certify that
the project can also receive 401 certification in light of the
information I have provided. Please contact me with your
response, or if I may provide some additional information..
'T'hank you.
Matt Flint
DEM ID: q5,553 ACTION ID:
4
Nationwide Permit Requested (Provide Nationwide Permit ft
401 ISSUED
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 [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL
NC DEPARTMENT OF ENVIROND
AND NATURAL RESOURCES
P.O. Bor. 29535
Raleigh, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIR
PLEASE PRINT.
1. Owners Name:
2. Owners Addres;
V
MAY 3 1 1995
RS,
3. owners Phone Number (Home): L910)7.5Y-Z48t6 (Work): Paper (410) 314 t 4802 .T;mrny
4. If Applicable: Agent's name or responsible corporate official, address, phone number. Pea t'
5. Location of work (MUST ATTACH MAP). County: -B 64e-IQ
Nearest Town or City: Af k i n n ( Pen r
Specific Location (Include road numbers, landmarks, etc.): The me-ceps s road i s nor- a d h W rV 210)
[I WW 1.5.5'0 - Jsaws roa r1 cis P nd r a hu oy 620 11
6. Name of Closest Stream/River.. R (g, -f%, i v 2 T-
7. River Basin: _-81Qck R i ve-r-'
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO [ ] wnknown
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: r 7
i5 7ac_re-5 Prb i ec. J.9 Qaorox' mn'& [V 0.04 a s
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: A1212r-n% i m a` &- (4 O, OZ Q G re-s
Drained:
Flooded:
Excavated:
Total Impacted:
- f_
12. Description of proposed work (Attach PLANS-8 1/2"X 11" drawings only): Wan ?o i n_sfQ.? [ Q_
onL Q 55 en 44A tae- k ivy-r fmr orerSomaf taSf'• -- ooro'KinO'teli
7-o .fid& - aP)el Q, o/-D ! wA Iti /nD -An LZor' el 40"• l
13. Purpose of proposed work: u :?Ze.
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also,
taken to mml=e wetland impacts. rQ v& r v ,2 Q ?/ a e, s i di s .rb
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 sped or critical
habitat in the ?perat area that may be affected by the proposed project. Have you done so? YES [! NO [ J
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 f historic
properties in the permit area which may be affected by the proposed project? Have you done so? YES [A 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? -Ljood 4
F. If applicable, what is proposed method of sewage disposal?
A. s=z3-
Owner's Signature Date e?l

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DEM ID: ACTION ID: 404 -IC2I E-D
Nationwide Permit Requested (Provide Nationwide Permit #):
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 [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL
NC DEPARTMENT OF ENVIRON3
AND NATURAL RESOURCES
P.O. Box 29535
Raleigh, NC 27626-0535
ATTN: MR JOHN DORNEY
Telephone [phone]
MAY 3 1 1995

ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO nn -'CSRFS` 1GIl?tEERS;
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: ken V)& 4 PP-ca v
2. Owners Address: '42-7? L; ff I&-* k& I Rd., Roc, y Fo i n+ N 2-'345`T
3. Owners Phone Number (Home):910)259 2486 (Work): Pager [phone] J%I"ml
4. If Applicable: Agent's name or responsible corporate official, address, phone number. Peat'
5. Location of work (MUST ATTACH MAP). County: R lad en
Nearest Town or City: ski nWn Mender .
Specific Location (Include road numbers, landmarks, etc.): The- acce5-s road Ls norf Pas d hWY 210
i "r - - .. n r. n
hww 15-5-0 --6= r rf -a_ P nd r o Gov 62.0 1
6. Name of Closest Stream/River. _ 31 ae -k g i v 2-r
7. River Basin: __.31 QGkR i y el-
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO [ ] anknowr
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:Pi-o pe r i
45 acres. Prb i ec+' i 4 anorox i.w,??p (`? 0.04 acres
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: AQx t m cJ&- (4 0.02-g c r'e.S
Drained:
Flooded:
Excavated:
Total Impacted:
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