19950019 Ver 1_COMPLETE FILE_19950111

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. James Bagwell
P.O. Box 1901
Greenville, N.C. 27835-1901
Dear Mr. Bagwell:
FILE COPY
You have our approval to place fill material in 0.17 acres of wetlands or waters for the purpose
of constructing a road crossing at Flowers Ridge Road, as you described in your application dated 30
November 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. 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.
Sincerely,
reston Howard, Jr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional Office
Mr. John Domey
Central Files
Gary Mitchell; Mitchell and Associates
95019.1tr
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[D EHNR
February 6, 1995
Dare County
DEM Project # 95019
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
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North Carolina Wildlife Resources Commission KJ
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John Dorney
Water Quality Planning
Division of Environmental Management
FROM: Franklin T. McBride, Manager
Habitat Conservation Program
DATE: February 1, 1995
SUBJECT: Review of application for Section 401 certification,
DEM ID 95019, James Bagwell/Mitchell and Associates,
Inc., Buxton, Dare County.
Biologists on the Wildlife Resources Commission staff have
reviewed this permit application and are familiar with habitat
values of the project area. Our comments are provided in
accordance with provisions of the Fish and Wildlife Coordination
Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.), Section
401(b) of the Clean Water Act of 1977 (as amended), and North
Carolina General Statutes (G.S.113-131 et seq.).
The applicant proposes to fill 7,650 square feet of wetlands
adjacent Pamlico Sound in order to create a road crossing to
access high ground.
Wetlands such as those found on this site provide functions
which benefit the public as well as fish and wildlife. Wetlands
act as a stormwater runoff purification zone between upland areas
and surface waters. Wetlands store and convey flood waters and
provide shoreline erosion protection through attenuation of wave
energy. Wetlands also serve as a physical habitat for numerous
species of amphibians, reptiles, birds, and mammals. In some
instances, wetlands serve as a spawning and nursery area for
anadromous fish. Through deposition of detritus into adjacent
waters, wetlands contribute large quantities of organic carbon,
forming the food chain base and the resulting biological
productivity for many aquatic ecosystems.
The project as proposed would convert 7,650 square feet of
wetlands into high ground and would reduce or eliminate habitat
James Bagwell 2 February 1, 1995
DEM ID: 95019
values and physical wetland
would add to the cumulative
to piecemeal permitting of
functions. In addition, this project
losses of wetlands in this region due
numerous other small scale projects.
Although the applicant's representative states that other
alternatives were not economically viable, etc., no data is
presented to substantiate these claims. We believe alternatives
exist (bridging, combination of bridging and reduced fill area)
which may allow accomplishment of project objectives and reduce
the quantity of wetlands filled. We request that 401
certification for this project be withheld until such
alternatives are examined.
We appreciate the opportunity for providing our input into
this permit review. If further information is needed, please
contact Pete Kornegay at [phone].
PK/fm
CC: Pete Kornegay, District 1 Fisheries Biologist
Mitchell and Associates, Inc. ?o q
128 N. Harding Street • Greenville, North Carolina 27858 •919-752-4077 • Fax: [phone]
goo
November 30, 1994 IAN p q 01
Wilmington District Engineer
C/O Mr. Mickey Sugg, Regulatory Specialist
Corps of Engineers
Department of the Army
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Dear District Engineer:
The purpose of this correspondence is for Mitchell and Associates, Inc.,
representing Mr. James Bagwell, to submit an application for the placement of
fill material within Section 404 Department of the Army jurisdictional
wetlands, on Mr. Bagwell's property located off Flowers Ridge Road, adjacent
a man-made canal to the Pamlico Sound, Buxton, Dare County, North
Carolina.
The purpose of the proposed fill in wetlands is to facilitate the
coistruction of a minor road crossing to provide access to my client's property.
The proposed road will be 170 feet long by 45 feet wide, and will result in the
filling of approximately 7,650 square feet (0.17 acre) of DA wetlands. The
applicant has considered other alternatives to the placement of fill in wetlands,
however, the proposed plan is the only practicable alternative available to Mr.
Bagwell to provide him access to his property.
Other alternatives considered were not economically viable, or were not
consistent with applicable state and county requirements. The project has been
designed to avoid and minimize potential adverse impacts to adjacent area
wetlands, and additional measures will be undertaken to maintain the work in
strict conformance with all permit conditions pursuant to Nationwide Permit
No. 14, including the installation of culverts to allow the flow and circulation
patterns of waters of the U.S. to remain unaffected.
By copy of this correspondence and completed Pre-Discharge
Bagwell
Page 2
November 30, 1994
Notification Procedure, I am requesting Department of the Army concurrence
with this Nationwide Permit No. 14 application. Please contact me at your
convenience should you have any questions about this matter. Thank you for
your time and prompt attention to this request.
Sincerely,
j ,
Mr. Gary A. Mitchell
President
Mr. James Bagwell
Post Office Box 1901
Greenville, North Carolina 27835-1901

DEM ID: ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): 14 Minor road crossing
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 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: Mr. James Bagwell
2. Owners Address: P.O. Box 190.1 Greenville N.C. 27835-1901
3. Owners Phone Number (Home); 919 - 7 5 2 - 4 6 0 9 (Work):
4. If Applicable: Agent's name or responsible corporate official, address, phone number.
Mitchell and Associates, I.N.C.
128 N. Harding Street
Greenville N.C. 27858 919-752-4077
5. Location of work (MUST ATTACH MAP). County: D a r e
Nearest Town or City: Buxton
Specific Location (Include road, numbers, landmarks, etc.):
Located off lowers Ridge Road
6. Name of ClosestStceam/River: Man Made canal to Pamlico Sound
7. River Basin: Pamlico
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [C] NO [ ]
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO [x ]
If yes, explain.
N/A
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
2,,D Acre +/-
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 7,650 Sq. Ft. (0.17 acre)
Drained:
Flooded:
Excavated:
Total Impacted: 7 , 6 5 0 S a . •F t . (0. 17 acre)
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only):
Construction of 170 Ft.
long X 45 Ft. wide fill road through Section 404 Wetlands
Culverts will be placed in accordance with permit conditions.
13. Purpose of proposed work: To provide access to high ground property owned by
the applicant.
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. Wetlands must ?be crossed to access high around.
Culverts will be used to prevent erosion.
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 proposedfor 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 [X ] 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 [X ] 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. On f 11 e wi th C 0 E .
B. If available, representative photograph of wetlands to be impacted by project. N/A
C. If delineation w4d pperforrnied by a consultant, include all data sheets relevant to the placement of the
delineation line. COE. conformation of 404 line.
D. If a stormwater management plan is required for this project, attach copy.
E. What is land use of surrounding property? Residential development.
F. If applicable, what is proposed method of sewage disposal? Septic tank
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