19941137 Ver 1_COMPLETE FILE_19950118

State of North Carolina
Department of Environment,
Health and Natural Resources 1 • •
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, , Secretary
ED E H N F4
A. Preston Howard, Jr., P.E„ Director
January 6, 1995
Craven County
DEM Project # 941137
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. John Thomas
Cherry Branch, Ltd.
P.O. Box 1309 HL w
New Bern, N.C. 28563
Dear Mr. Thomas:
You have our approval to place fill material in 0.25 acres of wetlands or waters for the purpose
of road crossing at Cherry Branch South subdivision, as you described in your application dated
20 December 1994. After reviewing your application, we have decided that this fill is covered by
General Water Quality Certification Number 2732. This certification allows you to use Nationwide
Permit Number 14 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. Lot
road crossing fill is not approved at Pegasus Court area since the lot layout in this area will change.
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 Domey at 919-733-1786.
4incerely_
Attachment
cc:
Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional Office
Mr. John Domey
Central Files
Jr
941137.1tr
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
THOMAS ENGINEERING CONSULTANTS, P.A. JOHN G. THOMAS, P.E.
Consulting Engineering - Construction Staking - Planning
203 Glenburnie Drive
P.O. Box 1309
New Bern, North Carolina 28560 R????y?
[phone]
[phone] DEC 2 2 1994
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PROJECT: VIA: L1 S 14".,
ENCLOSED HEREWITH AS REQUESTED
UNDER SEPERATE COVER FOR REVIEW & COMMENT
FOR YOUR FILE Y_FOR APPROVAL
ITEMS SENT: NUMBER OF COPIES DATE
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BY : C? _ DATE : PROJECT NO. 9460S3
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DEM ID: 37 ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): 1 1 C S.
0
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 WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAQEMENT
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMEN'T', HEALTA,
P.O. Box 1890 AND NATURAL RESOURCES
Wilmington, NC 28402-1890 P.O. Box 29535
ATTN: CESAW-CO-E Raleigh, NC 27626-0535 2
Telephone [phone] ATTN: MR. JOHN DORNEY
Telephone [phone]
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: CHERRY BRANCH, i Tn
2. Owners Address: _C/0 THOMAS ENGINEERING, P.O. SOX 1 309 NFW BERN, N C 2195r;'?
3. Owners Phone Number (Home):
(Work): [phone]
4. IfApplicable: Agent's name or responsible corporate official, address, phone number:
JOHN THOMA
P.O. BOX 1309, NEW BERN, N.C. 28560
[phone]
• 5. Location of work (MUST ATTACH MAP). County: C R A v F N
Nearest Town or City: HAVELOCK
Specific Location (Include road numbers, landmarks, etc.): NC 306 NEAR CHERRY BRANCH
FERRY DOCKS
6. Name of Closest Stream/River. NEUS E RIVER
7. River Basin: NEUSE RIVER BASIN
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES (] NO [X]
9. Have any Section 404 permits been previously requested for use on this property? YES [K) NO [ ]
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 1 1 . 5 9 a c
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 0. 2452
Drained:
Fl 0 --------- ---.---
ooded: 0
Excavated: 0_-._-_ _
Total Impacted: _ 0 . 24 1-0
- --
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only):
OF ROAD
13. Purpose of proposed work: _TO PgnyTDF. ACCESS To NEW RF.STnRNTTAT, SUBDIVISION.
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. ONLY ALTERNATIVE TO ACCESS PUBLIC ROAD. NEEDED
FOR MULTIPLE ACCESS TO SUBDIVISION.
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 [ ] NO [X]
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 [ ] NO [ X]
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.
,l;
D. If a stonnwater management plan is required for this project, attach copy.
E. What island use of sunn-ounding property? RESIDENTIAL, US FOREST •
R If applicable, what is proposed method of sewage disposgW/' 'f
ND I V I DUAL TIC SYSTEMS
Signature
(AGENT)
12/20/94
Date

404 WETLANDS EXHIBIT
FOR
CHERRY BRANCH SOUTH
SECTION III
TOWNSHIP # 5
CRAVEN COUNTY
NORTH CAROLINA
THOMAS ENGINEERING CONSULTANTS. P.A.
P.O. BOX 1309
203 GLENBURNIE DRIVE
NEW BERN, NC 28560
TEL. [phone]
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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
Cherry Branch, LTD.
c/o Thomas Engineering
P.O. Box 1309
New Bern, NC 28563
January 17, 1995
ID F== F1
RECEIVED
JAN 191995
ENVIRU% ENTAE SCIENCES
ARa NH
RE: COE I13#199501077 , Nationwide Permit Application for an activity located in Craven
County.
Dear Sir or Madame:
The North Carolina Division of Coastal Management has reviewed the above referenced application for
a Nationwide Permit dated December 20, 1994, pursuant to Section 307 of the Coastal Zone Management
Act of 1972 as amended. Based upon our review, we have determined that the proposed activity is
consistent with the North Carolina Coastal Management Program provided the following conditions are
met:
1. The activity described in the above referenced application qualifies to receive one of the
Nationwide Permits described in 33 CFR Part 330 with the exception of Numbers 17,
21, 24, and 34 which were found inconsistent with the North Carolina Coastal
Management Program.
2. A 401 Water Quality Certification is received, where required, from the North Carolina
Division of Environmental Management.
This letter does not relieve you of the responsibility to insure that all other State authorization and/or
permit requirements are met prior to implementation of the project. Please feel free to contact me at
[phone], if you have any questions or need further assistance.
Sincerely,
?X S .
Charles S. Jones
District Manager
csJ
cc: Preston P. Pate, Jr.
Steve Benton, Consistency Coordinator
Wilmington District Engineer; ATTN: CESAW-CO-E
John Dorney, DEM/Raleigh
P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier x'11-12-09
Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper