19950947 Ver 1_COMPLETE FILE_19950925

State of North Carolina !
Department of Environment,
Health and Natural Resources
Division of Environmental Manage
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secreta
A. Preston Howard, Jr., P, E- ]
ff '#
November 6, 1995
Dare County
DEM Project # 95947
COE #199505689
APPROVAL of 401 Water Quality
and ADDITIONAL CONDITIONS
Mr. James B. Basnight
114 Bayview Drive
Stumpy Point, NC 27978
Dear Mr. Basnight:
You have our approval to place fill mated
constructing a mobile home at your property rrx
your application dated 7 September 1995. Afte
fill is covered by General Water Quality Certlfi
use Nationwide Permit Number 18 when it is I
This approval is only valid for the purpose
you change your project, you must notify us ar
For this approval to be valid, you must follow
Applicant must contact the NC Division of Col
determine whether a Coastal Area Managemern
any other federal, state or local permits before
If you do not accept any of the conditions
hearing. You must act within 60 days of the da
send a written petition which conforms to Chal
Office of Administrative Hearings, P.U. Box 2'
its conditions are final and binding unless you
This letter completes the review of the Di-
of the Clean Water Act. If you have any quest]
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field O fice
Washington DEM Regional Office
Mr. John Domey
Central Files
John Parker, DCM
Tent' Moore; DCM-Washington Field Office
a in 0.1 acres of wetlands or wdtLW Of fhe t
0 ar SR 1100 in Stumpy Point, NC, as you de Ne 1?
reviewing your application, we have decided that
nation Number 2733. This certification allows you tc
sued by the Corps of Engineers.
and design th4t you described in your application. 1
I you may be required to send us a new application,
he conditions listed in the attached certification.
stal Management, Washington Field Office to
Act permit is required. In addition, you should get
rou go ahead with your project.
of this certification, you may ask for an adjudicator,
e that you receive this letter. To ask for a hearing,
ter 150B of the North Carolina General Statutes to 1
447, Raleigh, N.C. 27611-7447. This certification aj
ask for a hearing.
,ision of Environmental Management under Section
>ns, please telephone John Domey at 919-733-1786.
P.O. Box 29535, Rdeigh, North Carollno 27626-0535
Jr.
Telephone [phone] FAX
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
5U
P.O. BOX 1890 Y
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO October 20, 1995
ATTENTION OF
Regulatory Branch
Action ID. 199505689 and Nationwide Permit No. 18 (Minor Discharges)
Mr. James B. Basnight
114 Bayview Drive
Stumpy Point, North Carolina 27978
Dear Mr. Basnight:
o
?
Fn T 2 41995
Please reference your application received September 11, 1995, for
Department of the Army (DA) authorization to discharge fill material in
4,356 square feet (0.1 AC) of Section 404 wetlands for a mobile home on
your property located on the north side of State Road 1100 (Bayview
Drive), approximately 0.15 miles east of Highway 264 intersection,
adjacent to the Pamlico Sound, Stumpy Point, Dare County, North Carolina.
For the purposes of the Corps of Engineers' Regulatory Program,
Title 33, Code of Federal Regulations (CFR), Part 330.6, published in
the Federal Register on November 22, 1991, lists nationwide permits.
Authorization, pursuant to Section 10 of the Rivers and Harbors Act and
Section 404 of the Clean Water Act, was provided for discharges of dredged
or fill material into all waters of the United States provided:
a. The discharge does not exceed 25 cubic yards;
b. The discharge will not cause the loss of more than 1/10 acre of
a special aquatic site, including wetlands. For the purposes of this
nationwide permit, the acreage limitation includes the filled area plus
special aquatic sites that are adversely affected by flooding and special
aquatic sites that are drained so that they would no longer be a water of
the United States as a result of the project;
C. If the discharge exceeds 10 cubic yards or the discharge is in
a special aquatic site, including wetlands, the permittee notifies the
District Engineer in accordance with the "Notification" general condition.
For discharges in special aquatic sites, including wetlands, the notification
must also include a delineation of affected special aquatic sites, including
wetlands' and;
d. The discharge, including all attendant features, both temporary
and permanent, is part of a single and complete project and is not placed
for the purpose of stream diversion.
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with your submitted plans, the enclosed
conditions, and provided you obtain a Section 401 Water Quality Certification

-2-
from Mr. John Dorney, North Carolina Division of Environmental Management,
at telephone [phone], and a Consistency Determination from Mr. Steve
Benton, North Carolina Division of Coastal Management, at telephone
[phone].
This verification will be valid until the nationwide permit is modified,
reissued or revoked, which will occur prior to January 21, 1997. It is
incumbent upon you to remain informed of changes to the nationwide permits,
which will be announced by public notice when they occur. If you commence,
or are under contract to commence, this activity before the date the
nationwide permit is modified or revoked, you will have twelve months from
the date of the modification or revocation to complete the activity under
the present terms and conditions of this nationwide permit.
Thank you for your time and cooperation. If you have any questions or
comments, please address them to Mr. David Lekson, Washington Regulatory
Field Office, at telephone [phone], extension 5.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosures
Copies Furnished (without enclosure):
Mr. John Parker
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Dorney
Water Quality Section
,pivision of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Richard Wattes, District Manager
Elizabeth City Regional Office
North Carolina Division of Coastal Management
1367 US 17 South
Elizabeth City, North Carolina 27909
.a . 1
R,6c-
DEM ID: 59 y ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): ND FNv
V1F!vrA(s
JOINT FORM FOR N1,9 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 MANAGEMENT
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, HEALTH,
P.O. Box 1890 )( AND NATURAL RESOURCE
Wilmington, NC 28402-1890 plo'B na"35 y?lD I let C? k _- 7
ATTN: CESAW-CO-E Raleigh, NC 27626-0-4-M 37 4 p7
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+ . 'w -? .?-
2. Owners Address:
3. Owners Phone Number (Home):
4. If Applicable: Agent's name or
official, address, phone num

5. Location of work (MUST AC MAP). Co
Nearest Town or City: L ?)
Specific Location (Include road nu rs, landmarks, etc): U
0
6. Name of Closest Stre ve 1,7211 e. D
7. River Basin:
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ J NO
9. Have any Section 404 permits been previously requested for use on this property? YES [ NO [ ]
If yes, explain.
10. Estimated total number ores of ate of e U.S., including wetlands, located on project site:
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled:
Drained:
460te ( `(, 35(, 4-}.2
Flooded:
Excavated:
Total Impacted: 1l0 0? G?GP.?° 4 356 1? 2
! At
12. Description of proposed work (Attach PLANS-8 1/2" X 11 " drawings only
l= (- //" ( /?
13. Purpose of proposed work:
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts
15. You/are 4q' uired to contact ti'ie 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 spe es 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 presenc of historic
properties in the permit area which may be affected by the proposed project? Have you done so? YES 7] 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 cbnsultant, include all data sheets relevant to the placement of the
delineation line.
D. If a stocmwater management plan is required for is project, attach copy.
E. ghat is land use of surrounding property? D
F. If applicable, what is proposed method of sewage disposal? C=
Signature
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