HomeMy WebLinkAbout19950992 Ver 1_COMPLETE FILE_19950919State 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
Mrs. Thomas R. Vick, Sr.
Box 422
Burgaw, N.C. 28423
Dear Mrs. Vick:
A I MAW
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September 20, 1995
Ponder County
DEM Project # 95992
TF COPY
You have our approval to place fill material in 0.08 acres of wetlands or waters for the purpose
of creating a turn around area for fire trucks at Lots 16 and 17 (Elizabeth Parsley Subdivision) in
Topsail Township, as you described in your application dated 1 September 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 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.
Attachment
Prel ..'ton r. P.E.
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
Mr. John Domey
Central Files
John B. Parker; Architect
95992.1tr
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
DEM ID: 9 J 9 °1 a 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 DEPARTMENT OF ENVIRONME
P.O. Box 1890 AND NATURAL RESOURCES ; p
WF ilmington, NC 28402-1890 O. Box 29535
ATTN: CESAW-CO-E aleigh, NC 27626-0535
Telephone (919) 251-4511 ATTN: MR. JOHN DORNEY7WP 1995
Telephone (919) 733-5083
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE '.ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONM ANAGEMENT.
PLEASE PRINT.
1. Owners Name: Mrs. Thomas R. Vick, Sr.
2. Owners Address: Box 422 Burgaw, NC 28423
3. Owners Phone Number (Home): (910) 259-4658 (Work): n/a
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
John B. Parker, Architect
213 Ann Street
Wilmington, NC 28401 Phone (910) 763-9679
5. Location of work (MUST ATTACH MAP). County: Pender
Nearest Town or City: Topsail Township
Specific Location (Include road numbers, landmarks, etc.): Lots 16 and 17, 'Elizabeth Parsley
Subdivision
6. Name of Closest Stream/River: Topsail Sound
7. River Basin: None
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 [x]
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
.51 acres
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: .0 , 0S acres
Drained: None
Flooded: None
Excavated: None
Total Impacted: '0 0S acres
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only):
An area approximately 12' by 30' to be filled with sand, level with the
existing private roadway ( a depth of 2 feet )
13. Purpose of proposed work: To Provide a turn around area for firetrucks as required
to meet town of Zbpsail requirements
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. This fill is needed to complete an, area of 25' by 30'
for a fire truck turn around space for the lot on the opposite side of the roadway
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 Jx ] 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 M 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? Residential
ni^
F. If applicable, what is proposed method of sew,
* which has only .10 acre building site,
field, and house.
A gradual slope with straw and silt fence will be built until sides are stabilized
with planting.
and on which will be located a septic tank,
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS 5U'
P.O. BOX 1890 w.".,.'
WILMINGTON. NORTH CAROLINA 28402-1890 -•¦¦
REPLY TO
ATTENTION OF
October 16, 1995
Regulatory Branch
Action ID No. 199505769 and Nationwide Permit No. 18 (Minor Discharges)
Post Office Box 422 OCT 2 0 1995
Burgaw, North Carolina 28423
Dear Mrs. Vick:
Please reference your application dated September 1, 1995, in which you
requested Department of the Army (DA) authorization to discharge fill material
into 0.008 acre of jurisdictional wetlands adjacent to Topsail Sound to
provide sufficient area for emergency vehicle access. Your property is
located in Elizabeth Parsley Subdivision, Lots 16 and 17, Topsail Beach,
Pender County, North Carolina.
Mrs. Thomas R. Vick, Sr.
For the purposes of the Corps of Engineers' Regulatory Program, Title 33,
Code of Federal Regulations (CFR), Part 330.6, published in the Federal
Register on November 22, 1991, lists nationwide permits. Authorization,
pursuant to Section 10 of the Rivers and Harbors Act and Section 404 of the
Clean Water Act, was provided for discharges of dredged or fill material into
all waters of the United States by Nationwide Permit #18 provided:
a. The discharge does not exceed 25 cubic yards below average high water
in open water;
b. The discharge will not cause the loss of more than 1/10 acre of a
special aquatic site, including wetlands. For the purposes of this nationwide
permit, the acreage limitation includes the filled area plus special aquatic
sites that are adversely affected by flooding and special aquatic sites that
are drained so that they would no longer be a water of the United States as a
result of the project;
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions and provided
you receive a Section 401 water quality certification from the North Carolina
Division of Environmental Management (NCDEM) and, in the coastal area, a
consistency determination from the North Carolina Division of Coastal
Management (NCDCM). You should contact Mr. John Dorney, telephone (919) 733-
1786, regarding water quality certification, and Mr. Steve Benton, telephone
(919) 733-2293, regarding consistency determination. This nationwide permit
does not relieve you of the responsibility to obtain other required State or
local approval.
This verification will be valid until the permit is modified, reissued or
revoked, which will occur prior to January 21, 1997. It is incumbent upon you
to remain informed of changes to the nationwide permits, which will be
announced by public notice when they occur.
Printed on 0 Recycled Paper
I
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If you commence, or are under contract to commence, this activity before the
date the nationwide permit is modified or revoked, you will have twelve months
from the date of the modification or revocation to complete the activity under
the present terms and conditions of this nationwide permit.
Questions or comments may be addressed to Ms. Marta Boris, Wilmington
Field Office, Regulatory Branch, telephone (910) 251-4611.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
Mr. Steve Benton
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
_,Ox. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27611-7687
Ms. Janet Russell
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845