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HomeMy WebLinkAbout19950408 Ver 1_COMPLETE FILE_19950620State 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. John A. Chisholm 315 Hardee Branch West End, N.C. 27376 Dear Mr. Chisholm: I.10 woolft ?EHNR July 17, 1995 Moore County DEM Project # 95408 FILE COSY You have our approval to place fill material in 1.5 acres of wetlands or waters for the purpose of constructing a pond at SR 1229 near Seven Lake, as you.described in your application dated 14 June 1995. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 2671. This certification allows you to use Nationwide Permit Number 26 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 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 Dorney at 919-733-1786. Attachment P.t ' ly, onH r. P.E. cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington_ Field Office Fayetteville DEM Regional Office Mr. John Dorney Central Files 95408.1tr P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper jr , - REcs/ VCD TvT r, a; 'Irv \I-, t4 U, AV 6- F U' 41995 _ - ---- ae?? ,rV/R0l1/Aini.,T: _ NTA F, T? - I 1 J}`.T C.i-i-•i•- r. ` r r. 4. -: t ?';? rat Tip { rl:,r 1? \?. ?.r !?4 _ ?">Fi 4J t5(j- - ??- •b'- -411 ,It { ( f ,{ l v f{ 1{ {+, i\l •( ?1(t-i - .-i_\ _'H 7 -`il 4j: J F "..,. .j.../ 41 i' ( ! ?. $ .. ! .. 5'•.{ i ? i.... { l 't I ... :. -. _ ,. ._ ` !._.i l-_ •?.?•.1 iy- L'lrt r .?i jJ V ,..t j5' F _t. ?`-! ?t fi. F (t( A l f 7d 7 -Ac. , irr:4 v l/ tl } 'f' t { 't :• ?j ?Rr •_; 1 - 1.. . i t f } ' `f { r,-j _.? _. _ _"._ ./ .t S7, -"t,T ;./Jr-.-c ._}. ... _.hin s._.. !.. _??•i i_?__.-i.-, f. .?._ ?... LJ{:_s._o-{..i >;, rr _L 'i. .r:..r r.?_. }.. il._v. . _?!_;aJ,-l,ri{;.•,.;:,_;. ?S/D? _--?-?1???/?? ? ?. Ali S , ? ?,per-- i _-__----?-----? 4115 -VAO ,.ws----- ----------- ---- f• T ND?q RAT (?,YV SH. E ET oarti l ? -, K R .. s Project na G Nearest road ?_ /zzy iI t ?- County- 2=W a Z acres Wetland tiridth - LD° feet Name of evaluator ate ft=w I „?? _etland location Adjacent land use (within 1/2-mile upstream, _ upslope, ? on pond or lake or radius) ? ot€ perennial strem--i ait'i?ernaittant stream ?? ? forested/natu,al vec?e anon ? ? ithil interstrearn dig icl ? agriculture, urban/suburban ? other L] impervious surface ?o- Dominant vegeta on 1 Soil series -?-°. ? predominantly organ. c humus, u truck, or peat - ? predominantly rn!ne-al - non-sandy predominantly san T Flooding and wetness _ ? semipermanentiy to permanently flooded or Inundated Ilvdraulic factors , seas0naiy flooded or inundated steep topography termittantly flooded or temporary ? ditched or c Tar ne,i ed su face water ? totai t,?etland v,,idth >100 feet ? no evidence of flooding or surface Wetland type (select one)* ? Bottomland ha-dwood forest ? Pine savanna ? Headwater forest ? Freshwater marsh 4 ? Swamp forest ? Boa/fen ? Wet flat ? Ephemera! wetland ? Pocosin ? Carolina y ? Bog forest <:t-Other ? y l *The rating system cannot be applied to salt or brackish marshes or stream channels ' c- Water storage Bank/Shoreline stabilization L Pollutant removal Wildlife i..abitat Aquatic life value Recreation/Edication / x weight 4.00 _ ' x 4.00 = 1.. x 5.00 = 7 x 2.00 = r x 4.00 = x 1.00 = '-:.. Wetland Score G * Add 1 point if in sensitive watershed and > 10% nonpoint disturbance within 112 mile upstream, upslope, or radius 57 AW State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., GovernoF Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director e F= F1 April 24, 1995 Mr. John Chisholm 315 Hardee Branch West End, N.C. 27376' Re: Pond construction in wetlands Moore County DEM # 95408 The Division of Environmental Management has reviewed your submittal for a 404 permit for construction of a pond, Moore County. Your application was not complete since the enclosed application form was not completed. This information is needed by DEM in order for us to decide whether this project is approveable. I can be reached at 733-1786 if you have any question. Until this information is received, I will request (by copy of this letter) that the Corps of Engineers place this project on hold. Sincerely, - A10 Z-vy 1 W r Quality Ccrtifica 'on Program 95408.hld cc: Fayetteville DEM Regional Office Wilmington District of Corps of Engineers Wilmington Field Office Corps of Engineers Central Files Ruth Kirby; NRCS - Carthage- P.O. Box 29535, Weigh, North Carolina 27626.0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer W% recycled/ 10% post-comumer paper Y I NOTIFICATION FORM INFORMATION SST Nationwide permits that require notification to `the Corps of Engineers Nationwide permits that require application for Section 401 certification . A. NOTIFICATION TO THE CORPS OF ENGINEERS DISTRICT ENGINEER. (REFER TO ITEM B. BELOW FOR DIVISION OF ENVIRONMENTAL MANAGEMENT APPLICATION RE- QUIREMENTS AND SPECIFICALLY NOTE NWP 26 DIFFERENCE.) Certain nationwide permits require notification to the Corps of Engineers before work can proceed. They are as follows: NWP 5 (only for discharges of 10 to 25 cubic yards) NWP 7 NWP 13 (only for stabilization activities in excess of 500 feet in `length or greater than an average of one cubic yard per running foot) NWP 14 (only for fills in special aquatic sites, including wetlands, and must include a delineation of affected special aquatic sites) NWP 17 NWP 18 (required when discharge exceeds 10 cubic yards or the discharge is in a special aquatic site and must include a delineation of the affected special aquatic site, including wetlands) NWP 21 (must include a delineation of affected special aquatic sites, including wetlands) NWP 26 (only for greater than 1 acre total impacts and must include a delineation of affected special aquatic sites, including wetlands) NWP 33 (must include a restoration plan of reasonable measures to avoid and minimize impacts to aquatic resources) NWP 37 NWP 38 (must include a delineation of affected special aquatic sites, including wetlands) For activities that may be authorized by the above listed nationwide permits that require notification, the applicant shall not begin work a. Until notified that the work may proceed under the nationwide permit with any special conditions imposed by the District Engineer, or b. If *notified that an individual permit may be required, or c. Unless 30 days (calendar) have passed from the time a complete notification is received by the District Engineer and no notice has been received from the District Engineer, and required state approvals have been obtained. Required state approvals include: 1) a Section 401 water quality certification if authorization is requested for a discharge of dredged or fill material, and 2) an approved coastal zone management consistency determination if the activity will affect the coastal area. Use of NWP 12 also requires notification to the District Engineer, but work may not begin until written . concurrence is received from the District Engineer. The time periods described above do not apply. Furthermore, requirements to notify the U.S. Fish and Wildlife Service (USFWS), the National Marine Fisheries Service (NMFS), and the State Historic Preservation Office (SHPO), as indicated below and on the notification form, do not apply. B. APPLICATION TO DEM FOR NATIONWIDE PERMIT SECTION 401 CERTIFICATION. Certain nationwide permits require an application to DEM in order to obtain Section 401 water quality certification. They are NWP 6, NWP 12, NWP 15, NWP 16, NWP 17, NWP 21, NWP 33,.NWP 34, NWP 38, and NWP 40. Certain nationwide permits were issued general certifications and require no application. They are NWP 3, NWP 4, NWP 5, NWP 7, NWP 20, NWP-22, NWP 23 (requires notification to DEM), NWP 25, NWP 27, NWP 32, NWP 36, and NWP 37. The following nationwide permits were issued general certifications for only limited activities: NWP 13 (for projects less than 500 feet in length), NWP 14 (for projects that impact waters only), NWP 18 (for projects with less than 10 cubic yards of fill in waters only), and NWP 26 (for projects with less than or equal to one-third acre fill of waters or wetlands). Projects that do not meet these criteria require application for Section 401 water quality certifications. DEM ID:.. 7EA7 }S?w 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 WATER QUALITY PLANNING CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT DEPARTMENT OF THE ARMY' NC DEPAMDENT OF ENVIRONMENT, HEALTH, ..P.O. Box 1890, , ;.:. AND NATURAL,RESOURCES Wilmington, NC 28402-1890 P.O. Box 29535 ATTN: CESAW-CO-E Raleigh, NC 27626-035 Telephone (919) 251-4511 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: TnbLl 14 cni?.Aisl 2. Owners Address:. 1 ' ALRD19,6?: 2? P.Wd# tel AJ , a? 3 7e 3. Owners Phone Number (Home): 9cS = 06'ipoZ (Work)': 14 e141- 43Sr?17 4. If Applicable: Agent's name or responsible corporate official, address, phone number. 5. Location of work (MUST ATTACH MAP). County: 14001e e Nearest Town or City: SOU AF 1,4 Specific Location (Include. road numbers, landmarks, etc.): 4," el e S &Je%c1 &l0gr,441 e7 A -T 4-P 6. Name of Closest Stream/River.. -ETC -5-0d&W&P e-04 ? 7. River Basin: ?? Tree 8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO D4 9. Have any Section 404 pernnts been previously requested for use on this property? YES [ ] NO (SQ If yes, explain. 10: Estimated total number of acres of waters of the U.S., including wetlands, located on project site: A cS- , M45 s 11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: 12. Description of proposed work (Attach PLANS- M2- X 11" drawings ddy): PIA W en /j?, M M, proposed work: , , 13. Purpose of A/ 14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures taken to minimize wetland impacts. !1 ,sue ? SST- nw .eQA0'eT? '- g 'y a SA" A// &v-yegz,D 4 64ir 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 affocted by the proposed protect. Have you done so? YES NO [ ] RESPONSES FROM THE USFWSAND/OR NMFS,SHOUL,D 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 pQ NO [ ] RESPONSE FROM THE SHPO. SHOULD. BE FORWARDEDITO CDRM..... 17.k'Additional informatetlit}ty DF.i'? : ?. -, s? A, Wetland deliteation trap, showing all wetlands, streams, aqd 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 ail data sheets relevant to the placement of the delineation line, _.,_, .D. ? a ?tonnwatern?,gentcnt?n.:s req,:i, for thts?roject, attach coFy . E. What is land use of surrounding property? l.JyoQeAi 1Q s F. 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Y? `s? ! e ? ?p \ 2 3907 ? . 17'30" 14, ' Q !!? , 1 `? .tip -+ •?,. ` 4 `\ J .4 -??4 393 if' r\j '/ ,73 ' ¦ /?/ ???-? ??/\\i-`? ?'_? --._ "\ ,rte; 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., RE., Director April 24, 1995 Mr. John Chisholm 315 Hardee Branch West End, N.C. 27376 Dear Mr. Chisholm: Re: Pond construction in wetlands Moore County DEM # 95408 AITIFMA ?EHNR FlU CP"IIY The Division of Environmental Management has reviewed your submittal for a 404 permit for construction of a pond, Moore County. Your application was not complete since the enclosed application form was not completed. This information is needed by DEM in order for us to decide whether this project is approveable. I can be reached at 733-1786 if you have any question. Until this information is received., I will request (by copy of this letter) that the Corps of Engineers place this project on hold- Sincerely, . Domey Qua lity Certifica ion Program TWte 95408.hld cc: Fayetteville DEM Regional Office Wilmington District of Corps of Engineers Wilmington Field Office Corps of Engineers Central Files Ruth Kirby; NRCS - Carthage P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper Mr. John A. Chisholm 315 Hardee Branch West End, NC 27376 April 11, 1995 WILMINGTON DISTRICT ENGINEER CORPS OF ENGINEERS DEPARTMENT OF ARMY P.O. BOX 1890 WILMINGTON, NC 28402-1890 (919) 251-4511 DISTRICT ENGINEER, I/we would like to request of the Department of the Army a Nationwide 26 Permit to construct a pond for recreation use. The size of the pond will be approximately 2 acres. The Natural Resources Conservation Service and the. Moore Soil and Water Conservation District have determined that approximately 1.5 acres of wetland will be impacted by this project. They have also provided me/us with information concerning my/our specific site. The information is as follows: 1) TOPOGRAPHIC MAPS of the area: (see attached) 2) COUNTY ROAD MAP for location: (see attached) 3) SOILS MAP: (see attached) 4) WETLANDS IMPACTED by this project: 1.5 acres 5) SOIL TYPE(S): (570) Ailey 6) INTENDED USE: recreation 7) WATERSHED AREA: Approximately 25 acres I/we understand that a Nationwide Permit, if granted, will be invalid if impacts to any Federally threatened or endangered species will occur as a result of this work. I understand that species of this nature have been identified in Moore County. By copy of this letter I am also notifying the NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES and the U.S. FISH AND WILDLIFE SERVICE of my intentions. If additional data is needed or you desire a site visit, please let me know. n top ox 9 ?N I would like to request that a copy of your response to me/us be provided to: Ruth E. Kirby Natural Resources Conservation Service, USDA P.O. Box 908 Carthage, NC 28327 Thank you for your consideration of'this request, and I look forward to hearing from you in the near future. Sincerely, John A. Chisholm Enclosures c: Ruth E. Kirby, NRCS, w/attachments NCDEHNR, w/attachments U.S. FISH AND WILDLIFE SERVICE, w/attachments 3908 ;-] II o ? 500 • 1 - II ILA `\? =v== __ c •SOO'. .,. , Ss0 2 ?6 - 15? \?. t II 11 -r - - ?, .. I " 11 - \\0 Q 210 3907 \\, O c ,.O ? sO O ?\ II ? 17'30' o; a -\ 111 1 - o sOO , ???.11 A 3906 ?? ? - _ ndpitx ?' hOU O ? - 11 .. I 'N \\ Q o Cross J \p soy \\ ? \\ \11 3905 T- 4 - ,p , - 60 ?u_- .,. 393 i ' q - 3903000m.N ?Jh l /j ?? 1 10 n BMi 111 ) ' _ \? 3 70, Q- II - - -?-??-? W ?J •u j??? i 01I\ ° BM 35 ° 15' 9 `A \ ` - ° s 634 ? 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