19950716 Ver 1_COMPLETE FILE_19950118

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
I Lr!XA
T7
ID EHNR
August 2, 1995
Carteret County
DEM Project # 95716
APPROVAL of 401 Water Quality Certification
Mr. Everett Long
10506 Wyndtree Drive
Emerald Isle, N.C. 28594
FILE COPY
Dear Mr. Long:
You have our approval to place fill material in 1112 square feet of wetlands or waters for the
purpose of residential lot fill at Lot 32, Shore Drive, Crystal Shores subdivision, as you described in
your application dated 7 July 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.
Sincerely,
ston o d, Jr. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
Mr. John Domcy
Central Files
95716.1tr
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
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I7LM ID: J ACPION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): '
JOINT FORM FOR
Nationwide permits that require notifleatloll to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINC3TON DISTRICT ENGnT EER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. HU1N 1890
Wilmington, NC 28402-1890
AWNt cigs kw.Cd_E
Tolophona [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMEN'T'
NC DEPARTMENT OF ENV RC
AND NATURAL, RESOURCES
P 0. Box 29535
Raleigh, NC 27626-0335
ATTN: MR. JOHN DORNEY
Telephone [phone]
ll t? 71995
ONE (1) COPY OP THIS COMI'LETM APPLICA77ON SHOULD B13 SLXi i 7'Op C0 P ENCI _ ERs
SEVEN (7) COPIES SHOULD HE SENT TO THE N.C. DIVISION OF ENVIi .,At;lNT
PLEASE PINT, EI'
1. Owners Name: L o ni G-
2. Owners Address: ?bs"oG GJyA107-26;E Or. ?iriE?rt /?cD zscc=? ?i_ c, ads-yy
3. Owners Phone Number (Home): 9/9 - -3,3-y- G ,01/ (Work): '71y- ?s--y- "/c/ y y
4. If Applicable: Agent's name or responsible corporate official, address, phono number:
5. Location of work (MUST ATTACI; NZAI,), County; ? r&1- -T. ore J S C t~ p? in„ chwr6l"er-
foerwi
NoArest Town or City: ??,D?4/1. axe.-7-
Specific Location (Include road numbers, landmarks, etc,): D2111cr'
C?V sr1t'4- 5-4o0-e-v CFAif/L n/.c
6. Name of Closest Stream/River: u -S?M"Ivt)
7. River Basin: ,vvil•cr
8. Is this project located In a watershed classified n t Tmut, SA, FIQNV, ORW, WS 1, or WS 117 YES ly-, NO 1 i
9. Have any Section 404 permits been previously requested fQr uva on this propelty? yEa [wr Nl7 L j
If yes. explain. .Glf!N ? `Yl AJ v r 5, lo, r, s • of w _
10. 13admated total number of acres of waters of the U.S., including wetlands, located on project site:
11. Number of acres of waters of dto U.S., Ltclucling wetlands. Impacted by ;the proposed project:
Filled: A //.2 -a-e. At".
Drained' NON el-
F10oded' IV D A, tr
Excavated: No^'?
Total Impacted: l / 2- •a f .

0 1%
-,lI UT WI imin aLnn UisiGriCL u.e,u r_ib,v???--r?eA
Lwancn' i m IM d?)4 zd-r4 .it D
m:
12. Description of proposed work (Attach PLANS-81/2" X 11" drawings only):
VA-
13. Purpose of proposed work;
pr IvS ee, r5
14. State reasons why the applicant bellevos that this actsylty irust be ca??t1rlod out in wetlands. Also, rloff weavares
taken to minitnize wetland impacts, ? rem r-
Dl /V h ??lt too /, &-rke"D
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 a ndangered or threatened species rcrideal
habitat in the permit area that may be affected by the proposed project. Have you done so? YES CtT` 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 o historic
properties in the permit area which maybe affected by the proposed project? Have you clone so? YES [NO [ ]
MSPON$$ FROM TIM SIM0 9II0(J D I3E FORWARDED TO COKFS.
17. Additional information required by DEM:
A, Wetland delineation map chnwirig sill wetInndn, otreamc, and Ialcoe on the property.
B. If available, representative photograph of wetlands to be impacted by project.
C. If dallne4tlon was perfortned by n coneuluul[, includc all data sheeta Lel*Vdait to the p1twoment of the
delineation line,
D. If a stormwater management pIan.is required for this projcct,
..
E. What 13 land use of surrounding property?
1101 copy.
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F. If applicable, what is proposed method of sewnge rliarncAt?
e, f, ? ? Ec-nz 13 L
Owner's Signature V , Date
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF August 23, 1995
Regulatory Branch
ACTION ID: 199504495
Mr. Everett Long
10506 Wynotree Drive
Emerald Isle, North Carolina 28594
Dear Mr. Long:
50'
cFs
Please reference your application dated July 3, 1995,
authorization to discharge fill material into 0.03 acre of
wetlands on your property adjacent to Bogue Sound, Lot #32
Subdivision, Cedar Point, Carteret County, North Carolina.
application, the stated purpose of the fill is to complete
cut down on insects.
requesting
jurisdictional
in Crystal Shores
According to the
ly fill your lot and
The proposed discharge has been evaluated to determine whether the activity
complies with the terms and conditions of Nationwide Permit (NWP) #18 for
discharges impacting up to 0.10 acres of waters and wetlands of the United
States.
We have concluded that the discharge would also have greater than minimal
adverse environmental impact, including cumulative impact on the aquatic
environment.
The forested wetlands at the project site are adjacent to the regularly
flooded coastal marsh bordering the waters of Bogue Sound. The area of Bogue
Sound has been designated as ORW, which is the highest water quality rating given
by the state. These wetlands provide a number of benefits to receiving waters
that include the attenuation of storm water runoff, sediment and pollutant
removal, nutrient uptake and transformation, improvements to water quality, and
providing valuable habitat for various species of birds, mammals, and reptiles.
The individual and cumulative impacts associated with this project are
considered to have a greater than minimal impact to the aquatic environment due
to the cumulative impacts of filling and excavation of wetlands within the Bogue
Sound watershed, in particular the wetland system within Crystal Shores
Subdivision. It is our position that the natural state functions of these
wetlands, as stated above, provide important water quality and habitat benefits
to Bogue Sound that would be adversely impacted by the filling of these wetlands.
I find that NWP 418 does not apply to your present proposal as it has
greater than minimal impacts to the aquatic environment. Because only the back
corner of your lot is affected by this decision, I do not believe that the
resonable use of your lot for residential purposes would be precluded. Should
you wish to pursue Department of the Army (DOA) authorization you have the option
to apply for Department of the Army Individual Permit authorization. Should you
wish to pursue this option, the enclosed application should be completed and
submitted to this office for our review.
Printed on 0 Recycled Paper
.s J-
-2-
Should you have any questions or comments regarding this matter, please
contact Ms. Marta Boris of my staff in the Wilmington Regulatory Field Office,
Post Office Box 1890, Wilmington, North Carolina, 28402 or telephone (919) 251-
4611.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copy Furnished (without enclosure):
? Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27611-7687
Mr. Jim Gregson
Division of Environmental
Management
North Carolina Department of
Environment, Health, and
Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28402
Mr. Charles Jones
Division of Coastal Management
North Carolina Department of
Environment, Health, and
Natural Resources
Post Office Box 769
3411 Arendell Street
Morehead City, North Carolina 28557