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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 0? Ar EDO FE F=1 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, q'i - 9S la GS?o? r ?f L?--? ?vr--cam Q-4 1? o4 a let- (u;L? 51 5 U p - ??u O Y' s' of ?a R 4 a 4 I ? l?-ao r z x $$ Tr 1 7 t ? it t r M 4 §r? - 0a_ a ivaY. LOT II =off ?.... 0 V o a? ,;off soi `z? ¢siQ Hi •-S i °+ • I ,? ?., [.1.1 ' ' I [wi7T?Y0 X11°. ST"[ l' pp L i R - ?jr I ?'Or I ° n . l?gW J?? I s7rs r7o.oo _ t k4 _i? W? -o Y Ti • ?( +?YE r[M; MIC. Mr1. 70 y (- -? 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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 -2- 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