19951196 Ver 1_COMPLETE FILE_19951120

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmen-al Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., PE, Director
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rDecember 18, 1995
Dare County
DEM Project :# 951196
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. David Hatchell
P.O. Box 2149
Manteo, NC 27954]
Dear Mr. Hatchell:
F 11 U-0 Copy
You have our approval to place fill material in 0.109 acres of wetlands or waters for the purpose
of construct a road crossing at SR 1123, as you described in your application dated 30 October 1995.
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. A
deed restriction shall be placed on all remaining wetlands on the site to prevent future fill. 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 Domev at 919-733-1786.
S
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
Howard, Jr. P
951196.1tr
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
Mitchell and Associates, Inc.
128 N. Harding Street • Greenville, North Carolina 27858 0 919 - 752 - 4077 • Fax: 919 - 752- 7380
:??abA:bbtiY rl: Y?i:? RE?F??10
October 30, 1995 NDl/
'_NL/RO N, 1995
Mr. John Dorney At s?.?
Department of Environment, Heath and Natural Resources FN`'?S
Post Office Box 29535
Raleigh, North Carolina 27626
Dear Mr. Dorney,
The purpose of this letter is for Mitchell and Associates, Inc.,
representing Mr. David Hatchell, to submit an application for placement of fill
material within Section 404 Department of the Army jurisdictional wetlands,
on Mr. Hatchell's property located off of S.R. 1 123 (Burnside Rd.), Burnside
Forest, Section 7, Manteo, Dare County, North Carolina.
The purpose of the proposed fill in wetlands is to facilitate the
construction of a minor road crossing to provide access to my client's high
ground property. The proposed road will be just under 120 feet long by 40
feet wide, and will result in the filling of approximately 4,750 sq. ft. (.109 acre)
of DA wetlands. The applicant has considered other alternatives to the
placement of fill material in wetlands, however, the proposed plan is the only
practicable solution available to Mr. Hatchell in order to provide him access to
the high ground on 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 ensure that the
work performed is done so in strict accordance will all permit conditions
pursuant to Nationwide Permit No. 14, including installation of culverts to
allow flow and circulation patterns of waters of the U.S. to remain unaffected.
By copy of this letter and completed Pre-Discharge Notification
Procedure, I am requesting D.E.M. concurrence with this Permit Application
request. Please contact me at your convenience should you have any questions
about this matter. Thank you for your time and prompt attention.
10-31-1995 04:05PM HATCHELL CONCRETE INC. P.02

october 31. 1995
T0,_ Mitchell & Associates
128 Harding Street North
Greenville. North Carolina 27858
FfU Calvin Gibbs & David Hatchell Tract
Burnside Forest. Manteo. NC
This letter is intended to serve as a notice of
permission. The permission is being granted by David
Hatchell and Calvin Gibbs for Michell & Associates to act on
their bahalf.in securing and obtaining necessary permits to
fill wet land areas on the above tract of property.
Sincerely,
David Hatchell
Calvin Gibbs
TOTAL P.02
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Proposed Access Road - S.R. 1123, Bums6e Forest.
t-bniao, Gans County, hbrth Carolirn
C}avid FiatGhsll - Rzst 0i Evx 2149, t bnteo, N.C.
Ckiober 31, 1995
II
DEM ID: T5 119 ? ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): 14 (Minor Road Crossing)
n
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 MANAGEMENT-
DEPARTMENT -
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, T'H?j
P.O. Box 1890 AND NATURAL RESOURCES ; {19 fin`' - -
Wilmington, NC 28402-1890 P.O. Box 29535
ATTN: CESAW-CO-E Raleigh, NC 27626-0535 L-tux 1 4 199
Telephone [phone] ATTN: MR. JOHN DORNEY Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO F ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRAGEMENT.
PLEASE PRINT.
1. Owners Name: _ Mr_ nnyia Hatnhpi i
2. Owners Address: Post Office Box 2149, Manteo, N.C. 27954
3. Owners Phone Number (Home): See Agent (Work): [phone] Agent
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
Mitchell & Associates, Inc.
128 North Harding St.
Greenville, N.C. 27858
5. Location of work (MUST ATTACH MAP). County: Dare
Nearest Town or City: Manteo
Specific Location (Include road numbers, landmarks, etc.):_S ,_R_. 1123 (Burnside Rd) , B nG i d Forest,
Section 71, Manteo, Dare Co. N.C.
6. Name of Closest Stream/River: o rn a
7. River Basin: Croatan Sound
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO IX]
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO [X]
If yes,bxnplain. N/A
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
11673 sq..ft. - ,267 acres
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: +/- 4750 sq. ft. (.109 ac)
Drained: N/A
Flooded: N/A
Excavated: N/A
Total Impacted: +/- 4750 sq. ft. (.109 acre)
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): Construct i on of a 120 f t .
long x 40 ft. wide fill road through Section 404 wetlands. Culverts will
be placed in accordance to permit conditions.
13. Purpose of proposed work: To provide access to high ground 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 ground.
Culverts will be installed, and fill immediately stabilized to prevent erosioi
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 DC ] 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 file w/COE
B. If available, representative photograph of wetlands to be impacted by project. N/A
C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the
delineation line. On file w/COE
D. If a stormwater management plan is required for this project, attach copy..
E. What is land use of surrounding property? Residential neveA:pz„ment
F. If applicable, what is proposed method of sewage disposal? Septic tank
l\ Owner's Signature Date
DEM ID: X1511 9 G ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): 14 (Minor Road Crossing)
n
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 MANAGEME NT 11
NC DEPARTMENT OF ENVIRONMENT,14&ALTH,
AND NATURAL RESOURCES
P.O. Box 29535 4
Raleigh, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS.
SEVEN (i) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: Mr _ na ri r1 ua f chel1
2. Owners Address: Post Office Box 2149, Manteo, N.C. 27954
3, Owners Phone Number (Home): See Agent (Work): (91()) 752-4077 Agent
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
Mitchell & Associates, Inc.
128 North Harding St.
Greenville, N.C. 27858
5. Location of work (MUST ATTACH MAP). County: Dare
Nearest Town or City: Manteo
Specific Location (Include road numbers, landmarks, etc.):, R. 1123 ( Burnside Rd) Burnside Forest,
Section 71, Manteo, Dare Co. N.C.
6. Name of Closest Strearn/River: rrna
7. River Basin: Croatan Sound
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO [K]
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO [Y]
If yes,bmplain. N/A
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
11673 sq.,ft. - ,267 acres
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: +/- 4750 sq. ft. (.109 ac)
Drained: N/A
Flooded: N/A
Excavated: N/A
Total Impacted: +/- 4750 sq. ft. ( .109 acre)
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): C o n s t r u c t i o n o f a 12 O f t.
long x 40 ft. wide fill road through Section 404 wetlands. Culverts will
-be placed in accordance to permit conditions.
13. Purpose of proposed work: _ To provide access to high around 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 ground.
Culverts will be installed, and fill immediately stabilized to prevent erosi
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? YET J( ] 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 file w/COE
B. If available, representative photograph of wetlands to be impacted by project. N/A
C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the
delineation line. On file w/COE
D. If a stormwater management plan is required for this project, attach copy.
E. What is land use of surrounding property? Rco ident ial neaved,pr man i-
F. If applicable, what is proposed method of sewage disposal? Septic tank
Owner's Signature Date