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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 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper ?ifEMO TO: n? Rif 3Z3 57- DATE: SUBJECT: 1 C'4 %7?64 oNV O t N L ci?NcFs From: cP STATE' y, ? Mnr M yt North Carolina Department of Environment, Health, and Natural Resources printed on Recycled Paper Q M ?Q, ' f f, . . f I / ??? V (.i Inf 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 s TE . 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, 0 t Nt Csrz?G?ar? @ ???.3gs- 3 yaa C,4- 2/S' 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