19950043 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
APPROVAL of 401 Water Quality Certification
Mr. L Kinston Smith
RFD 1
Como, N.C. 27818
Dear Mr. Smith:
A4; -tow
ID EHNF?
March 6, 1995
Hertford County
DEM Project # 95043
FILE u OPT
You have our approval to place fill material in 0.1 acres of wetlands or waters for the purpose of
lot fill at Lot 1, Leisure Shores subdivision, as you described- in your application dated 18 January
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 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.
Attachment
Sincere}ston
Poward, Jr. E.
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional Office
Mr. John Dorney
Central Files
95043.1tr
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
State of North Carolina
Department of Environment, WA
Health and Natural Resources mrA
Division of Environmental Management James B. Hunt, Governor [D E H P4 F1
Jonathan B. How wes, Secretary
A. Preston Howard, Jr., P.E., Director
February 21, 1995
Mr. L. Kinston Smith
RFD 1
Como, N.C. 27818
ILE
Project # 95043 9
Dear Mr. Smith
The Division of Environmental Management, Water Quality Section has reviewed your plans
for the discharge of fill material into 0.1 acres of waters and/or wetlands located at Lot 1, Leisure
Shores subdivision in Hertford County for mosquito control. Based on this review, we have identified
significant uses which would be removed by this project These uses are water storage, pollutant
removal and wildlife habitat. Furthermore, insufficient evidence is present in our files to conclude that
your project must be built as planned in waters and/or wetlands. Therefore, we are moving toward.
denial of your 401 Certification as required by 15A NCAC 2B.0109. Until we receive additional
information, we are requesting (by copy of this letter). that the U.S. Army Corps of Engineers and/or
the N.C. Division of Coastal Management place your project on administrative hold.
Please provide us with information: supporting. your position that your project must be
constructed as planned and that you have: no, practicable alternative to placing fill.in these waters.
and/or wetlands. Specifically can you construct your project without filling in the, wetland?, We are
also concerned about the cumulative impact of other proposed fill adjacent to your property. Any
documentation such as maps and narrative that you can supply to address alternative designs for your
project may be helpful in our review of your 401 Certification. Please respond within two weeks of
the date of this letter by sending a copy of this information to me and one copy to our Ms. Deborah
Sawyer at the Washington Regional Office at 1424 Carolina Avenue , Washington, N.C. 27889. I can
be reached at 919-733-1786 if you have any questions.
ncerely,
Jo R. Do
ter Quality Certificatio Program
95043.nty
cc: Washington DEM Regional Office
Wilmington Office Corps of Engineers
Central Files
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
AOFF,
® North Carolina Wildlife Resources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
MEMORANDUM Charles R. Fullwood, Executive Director
1? 4 i : 4
TO : John Dorney ---
Water Quality Planning 11a
Division of Environmental Management, DEH g?gg?
_pyFROM: Richard B. Hamilton
GIR(• bfPub? W? LA
Assistant Director ; ! SEC ,L
sn.,
DATE: February 2, 1995
SUBJECT: Review of application for Section 401 certification,
DEM ID 95043, L. Kinston Smith, Hertford County
Biologists on the Wildlife Resources Commission staff have
reviewed this permit application and are familiar with habitat
values of the project area. In order to further assess project
impacts on fish and wildlife resources, an onsite inspection was
conducted on January 30, 1995. 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. 5.113-131 et seq.).
The applicant proposes to fill 4,350 square feet of wetlands
adjacent to Meherrin River to "eliminate a mosquito haven".
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. Some 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 spawning and nursery areas 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 4,350 square feet of
wetlands into high ground and would reduce or eliminate habitat
values and physical wetland functions. The project site is part
3 "
L. Kinston Smith 2 February 2, 1995
DEM ID: 95043
of a subdivision located directly adjacent to the Meherrin River.
If these wetlands are converted to high ground, runoff from the
community may adversely impact water quality of the Meherrin
River. This project would also add to the cumulative losses of
wetlands in this region due to piecemeal permitting of numerous
other small scale projects.
As proposed, this project is inconsistent with our Policies
and Guidelines for Conservation of Wetlands and Aquatic Habitats.
It is the policy of this agency to oppose projects which
"displace, damage, or modify wetland values and functions". We
also believe that this project is inconsistent with the
Environmental Protection Agency's Section 404(b)(1) guidelines in
that the project does not constitute a water dependent activity.
Due to these factors, we request denial that 401 Water Quality
Certification not be issued.
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: The Honorable Russell M. Hull Jr.
The Honorable Jerry W. Wright
The Honorable C. J. Belch, Jr.
Mr. Pete Kornegay, District 1 Fisheries Biologist
Mr. David Rowe, District 1 Wildlife Biologist
r
Ilk
DEM ID: - I C,--) L J (V? - - ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit ft
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 ENVIRONMENT
NC DEPARTMENT OF ENVIR(
AND NATURAL RESOURCES
P.O. Box 29535
Raleigh, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone] g
',-??- _
JAN 181995
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL
PLEASE PRINT.
L m
1. Owners Name: L I IN STON w m
2. Owners Address: RFD 1. ? Como, M'S 27M
3. Owners Phone Number (Home): 9/9 -348 - 4',? W (Work): 6,m
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
NIA
5. Location of work (MUST ATTACH MAP). County: 616RTF090 6 MATY
Nearest Town or City: / L 6#70 4
Specific Location (Include road numbers, landmarks, etc.): /SG/tPE SAO&S 911,6,01 PX9N , ,Zgz,SURE c?y?iPc?S
LDT j , ??/Sl//?E S7//bRES 4RM6 09CF0F 57A7-6 t*A.O
6. Name of Closest Stream/River: mil' t-Mel?ft IbILC R
7. River Basin: ,?/. ?1eP/12&le s'00.4/w
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO [,?Q
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO [)(]
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 3 ACRES
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: f?4 Ii e4 E
Drained: 14122016-
Flooded: Allbdl -
Excavated:
Total Impacted: I X16 R ?'i

12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): Ir/ ?j -rN
6 6ketREs 5r?gro7u sZ??O
,6*1?. pF /??Y 1.OT 1 ,CPSy
13. Purpose of proposed
14. State reasons why the applicant believes that
taken to minimize wetland impacts. -.--I-he 'Q/
be carried out in.we ands. Also, note measures
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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 A 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 ()C] 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 consultant, include all data sheets relevant to the placement of the
delineation line.
D. If a stormwater management plan is required for this project, attach copy.
E. What is land use of surrounding property? ?e5i4?enlia Holves
F. If applicable, what is proposed method of sewage disposal?
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