HomeMy WebLinkAbout19950912 Ver 1_COMPLETE FILE_19950906State 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. J. D. Gore
New Hanover County Law Enforcement Officers Ass.
5301 Holly Shelter Road
Suite 114-272
Wilmington, N.C. 28403
Dear Mr. Gore:
F= F=1
September 6, 1995
New Hanover County
DEM Project # 95912
FILE CE-9
You have our approval to place fill material in less than 0.33 acres of wetlands or waters for the
purpose of reworking existing berm on pistol range at Hwy. 1002, as you described in your application
dated 21 August 1995. After reviewing your application, we have decided that this fill is covered by
General Water Quality Certification Number 2679. This certification allows you to use General Permit
Number 297 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 Domey at 919-733-1786.
S' rely,
ston oward, Jr. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
Mr. John Dorney
Central Files
95912.1tr
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496
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L44 AUG 2 1995
INFORMATION SHEET
................?..........
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE DISTRICT ENGINEER
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
A. NOTIFICATION TO THE CORPS OF ENGINEERS DISTRICT ENGINEER. (REFER TO
ITEM B. BELOW FOR DIVISION OF ENVIRONMENTAL MANAGEMENT NOTIFICATION
REQUIREMENTS AND SPECIFICALLY NOTE NWP 26 DIFFERENCE.)
Certain nationwide permits require notification to the Corps of Engineers
before work can proceed. They are as follows:
NWF 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)
:Q?e'ation ly for greater than 1 acre total impacts and must include a
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 fora discharge of dredged or fill
material, and 2) an approved coastal zone management consistency determination
if the activity will affect the coastal area.
2/3/92
-2-
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. REQUEST TO DEM FOR NATIONWIDE PERMIT SECTION 401 GENERAL CERTIFICATION
CONCURRENCE OR INDIVIDUAL SECTION 401 CERTIFICATION.
Certain nationwide permits were denied general 401 certification by the State
of North Carolina and, thus, require individual Section 401 water quality
certifications. They are NWP 6, NWP 17, NWP 21, and NWP 34.
Certain nationwide permits have general certifications, but require
concurrence from the N.C. Division of Environmental Management that the
general certification applies to a proposed action. They are NWP 7, NWP 12,
NWP 13, NWP 14, NWP 15, NWP 16, NWP 18, NWP 26 (if greater than 1/3 acre total
impact), NWP 33, NWP 38, and NWP 40. NWP 23 requires only that the applicant
notify DEM.
C. APPLICATION PROCEDURES.
The attached form should be used to obtain approval from the Corps of
Engineers and/or the N.C. Division of Environmental Management as specified
above. The applicant should make sure that all necessary information is
provided in order to avoid delays. One copy of the application is required by
the Corps of Engineers and seven copies are required by DEM. Plans must be on
8 1/2 x 11 inch paper.
Endangered species requirement: Applicant must notify the U.S. Fish and
Wildlife Service and/or the National Marine Fisheries Service regarding the
presence of endangered species that may be affected by the proposed project.
U.S. FISH AND WILDLIFE SERVICE
RALEIGH FIELD OFFICE
P.O. BOX 33726
RALEIGH, NC 27636-3726
NATIONAL MARINE FISHERIES SERVICE
HABITAT CONSERVATION DIVISION
PIVERS ISLAND
BEAUFORT, NC 28516
Historic resources requirement: Applicant must notify the State Historic
Preservation Office regarding the presence of historic properties that
may be affected by the proposed project.
STATE HISTORIC PRESERVATION OFFICE
N.C. DIVISION OF ARCHIVES AND HISTORY
109 EAST JONES STREET
RALEIGH, NC 27601
(919) 733-4763
Information obtained from these agencies should be provided with application.
401 IssUED
DEN ID: _ 9 S q 1 ACTION ID:
JOINT APPLICATION FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE DISTRICT ENGINEER
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTA'a
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRON1 , L ,Q
P.O. BOX 1890 AND NATURAL RESOURCE'
WILMINGTON NC 28402-18
90
I
P.O. BOX 29535 N AUG 19JcATTN: CESAW-CO-E RALEIGH, NC 27626-0535
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 : -lVla? J? ??d l? k dG ,.Xt, [ ?{ iy t/d?k n? Cpl C ?S ' (? D?' ?°
2.
3. OWNERS PHONE NUMBER (HOME): ??,? -7 6 7 (WORK) :.
4. IF APPLICABLE: AGENT'S NAME OR, ESPONSIBLE CORPORATE OFFICIAL,-ADDRESS,
PHONE NUMBER:
5. LOCATION OF PLANNED RK (ATTA H MAP).
COUNTY:
NEAREST TOWN OR CITY: ; 7v 1i. 0
SPECIFIC LOCATION (INCLUDE ROAD N ERS, L DMARKS, ETC.):
6. NAME OF CLOSEST STREAM/RIVER: //lIi lk /?
7. RIVER BASIN:
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES [ ] NO [ ]
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 WETLANDS LOCATED ON PROJECT SITE:
2/3/92
-2-
11. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT:
FILLED: -
DRAINED:
FLOODED:
EXCAVATED:
TOTAL IMPACTED:
12.
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 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 AFFECTE BY THE
PROPOSED PROJECT. HAVE YOU DONE SO? YES [ ] NO [ ] L ? &'
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE ATTACHED.
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 [ ] NO [
RESPONSE FROM THE SHPO SHOULD BE ATTACHED.
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?
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
5 5IGNATURE
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AUG INTUTM
K-6-11 I 2 2 1995
U.S. ARMY CORPS OF ENGINEERS
.......................
WILMINGTON DISTRICT
Action ID. County ] ?? /?fl?W W. GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner/Agent Zjt2V 1Vda[6t 4Pge e,,,.xrn? 4AXI 4A 166MV F1 Z., nl[ .??6155 A 7101J
Address X2.9 OJLEXxAao-)a
Telephone No.
Size and Location of project (wate5pldy, road name/number, town, etc.) 5;'?_
AJ,
Description of Activity
2=X-C A t/.a7Z7J4ZZ2 Ac-1 4=0 Y> > lid se ?,- /iC/ G.fr°To / 6 a ,4 h
nom' 14h?i .o.V"DS
Section 404 (Clean Water Act, 33 USC 1344) only.
Section 10 (River and Harbor Act of 1899) only.
Section 404 and Section 10.
2,o Regional General Permit OE ationwide Permit Number
Any violation of the conditions of the Regional General or Nationwide Permit referenced above may subject the
permittee to a stop work order, a restoration order, and/or appropriate legal action.
This Department of the Army Regional General/Nationwidr. Permit verification does not relieve the undersigned
permittee of the responsibility to obtain any other required -ederal, State, or local approvals/permits. The permittee
may need to contact appropriate State and local agencies before beginning work.
By signature below, the permittee certifies an understanding and acceptance of all terms and conditions of this
permit.
P?E-c A_"b-71Fy NC
Property Owner/Authorized Agent Signature
Regulatory Project Manager Signature
Dated Expiration Date,
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SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE ATTACHED TO
THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
cESAw Form Sol
n- 100.1