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Home My WebLink About19950347 Ver 1_COMPLETE FILE_19950110State 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 1:3 FE F=1 April 17, 1995 County Sampson DEM Project # 95347 APPROVAL of 401 Water Quality Certification Mr. Charles L. Jr. & Natalie W. Priest 137 Swordfish Drive Holden Beach, N.C. 28462 r Popy Dear Mr. & Ms. Priest: You have our approval to place fill material in up to 2 acres of wetlands or waters for the purpose of pond construction near Newtons Cross Road at the intersection of US 421 and SR 1001 to the north, as you described in your application dated 30 March 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 30 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. Sincerely, 4.Uodnbta?rd,, 'Jr.. P Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Fayetteville DEM Regional Office Mr. John Domey Central Files 95347.1tr 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% past-consumer paper ?'PRC)Pid? ESCR? p?,iorc ti ?UCa? 1L, tJ: 1aq. 31 aceE5 Idca? td iN Samp-. w CouVsR d A/Ea2 lv u) ?oNs olaa )ss Raac( a.? o r alvot Joa / /,v ME (,car //a ey w?ssh?Q aR a„ thti ?2 ?r? i5 bor?dti2??l ?? ?'a2m Ianrd ?o ?ht Otis QNd OLPp ,p CO, ?Qw? sough ?, has ? ntd b NcsR ?oo I ?a `?h L Noe ?h . Yhti 101, 34 caeRti 5 c00 C?-s a w ti ? la??ol ? . Nora W4 I naN? Th(L 3o ac2ti5 0?? +K Kuf4k s?d? wm cl wd (0,(z ap-ou?A M13 'To W 9 , -fh?5 is iht apEq Au bti tivalu ? which )s 5 ?? ?? u bl2rom ??ao Pa56aa. wA Sbrnr P)NO, 3)v, ?()xA fjzoo1 g12F.Q hcc5 a pid piknt cima 3 ac2us qR.? k ii f3 .plr one () U,,A,? A picao olz6aRct. C& ILXD LPL 0 Kok: 'Th(tR4 aR4 Ko fON& M 51QWAi;. WOW k Opt pkoptt?, ? too Quw will bi d-MWfcr, 0?4 4L PbM& 91w. 11)4 ei4 G? its', pta n wil l bE f oo Cows, Rtiq+,L4.s??u? ?4Qm?5S??rs `TO : gns?. 401.;, ?Q 0. 1- aces .po,sd 'i-dQ Nci ?h t ctwc awcti u( I h'? ?451d4 N I , hubt 5Lk Omj ? IMSU.?I Q Raub W,MN i ; SLk. ? uv?j ll `+U I)K, hoo y ?.kk ?ID ?XWI zti 14 d:?et fkc,m A h f)bkd ?J- budd up }ht, J VO Ln, Or hutr4 L,k ? Rmd bil, 0 w?ll bi- lod, ?o m4q 1 o4 ?h?- lcoahoo -? ( IL u2.f . kk)6' f ? ML C1uIO5 PW'41 aJ ?lt? u?12 5'0 5 e ass?s?v,r?cti, >>uCti24? Cr j?l?? _ l r PIN""%)P )F1) wc)Kv" SK?jp- } 7-//1L &,cr /ICRr17Qr l5 /0 Y. 3'} ± '}5 ACRES WooDLN4,D5 NOTE: REQ001ij) AUD; :wJL iFJ PEi?. ± 30 ACRES Inl 19'4 0{G ?xw.o NEWT ?>JS CRS ROADS P�A 80 0 7 NoB MON—; . � t"+4" _ '.� . ?:a-:?__,:: . ?;?;? RECEIIFi i.4U J NOTIFICATION FORM MAR 3 01995 INFORMATION SHEET ENVIRONMENTAL SCIENCES nq A S V0u 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. C. NOTIFICATION/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 permittee should make sure that all necessary information is provided in order to avoid delays. One copy of the completed form is required by the Corps of Engineers and seven copies are required by DEM. Plans and maps must be on 8 112 x 11 inch paper. Endangered species requirement: For Corps of Engineers notifications only, applicants 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 Telephone (919) 856-4520 NATIONAL MARINE FISHERIES SERVICE HABITAT CONSERVATION DIVISION Pivers Island Beaufort, NC 28516 Telephone (919) 728-5090 Historic resources requirement: For Corps of Engineers notifications only, applicants 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 Telephone (919) 733-4763 Information obtained from these agencies should be forwarded to the Corps. _. 2 I m D::M D: 9 c, -) ?> ?' ACTION ID: -tt?,l? i?su Nationwide Permit Requested (Provide Nationwide Permit #): 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 CORPS OF ENGINEERS DEPARTMENT OF THE ARMY P.O. Box 1890 Wilmington, NC 28402-1890 ATTN: CESAW-CO-E Telephone (919) 251-4511 WATER QUALITY PLANNING DIVISION OF ENVIRONMENTAL MANAGEMENT NC DEPARTMENT OF ENVIRONMENT, .HF-ALTH,. AND NATURAL RESOURCES P.O. Box 29535 Raleigh, NC 27626-0535 ATTN: MR JOHN DORNEY 1W R 0 1995 Telephone (919) 733-3883-/ 7^.- 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. I L 1. Owners Name: 4QWi - W. PRI??1 2. Owners Address: I?q I>R):'ti I-IcIr??N I?eh . N.C, ;29grn2 3. Owners Phone Number (Home): d1n-R?+2-5f?5 (Work): 9/0- y57- &o33 4. If Applicable: Agent's name or responsible corporate official, address, phone number. NA 5. Location of work (MUST ATTACH MAP). County: SamQSn4 Nearest Town or City: I-IaK tI l5 . W2 Specific Location (Include road numbers, landmarks, etc.): /S--E ! tVeA yM A P P?P[aAFPn? /s LUCATKII UN N05R /tx)l / Milt AX6M IV L 76a(S (& SS Xbg6J /NT?,esS o>iN4 0-3 421 F Ac5k /601 0, . 5a/3 I?e-T PRi0 0rV Yt nN rNF AKAr' 1AP ,')< N01? 6. Name of Closest Stream/River. DEAD P/NE .C?Ql)NCk /4' ,fS /vcA is S 7. River Basin: N. 8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO [ v]' 9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO [vf If yes, explain. 10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: NONE IOAOP,E,P 7?1 1,14S 04TN/ 4A40 136R,0,010 47 OWL- AP(4 13y 11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: Filled: Drained: /t/60-- Flooded: /-2 4eR4 pox/) Excavated: 1-2 4e-65 poNO Total Impacted: /- 2 /7c'/1F5 12. Description of proposed work (Attach PLANS-8 1/2".X 11" drawings only): MQ A 12 ACRE PbQ AmN UIJUZE tuE PILL TO l -sTo8i_Is4 A ROAR T'n A NEw il0111< 51 i E /INQ ?v 93RD /lP /??/GNr t91- RUAD Amb AMC 5trt 13. Purpose of proposed work: 12 Lo04FING /1'?SIDFti[?? NNo jvou[n z i/« /? poNO 1=02 DaLia 5 ("mf rfo2 Fpm,c .? y/S?}IAIL? (ll/JT4Ric/G A0,4AI /Ikto 14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures taken to minimize wetland impacts. Mtpr- oc n+F I o 4 Mcfzfs AR45 LOO, 2 rURFf tr ANa 2P "Md A -35, ? 3W' eDaO TL) in NAryiW gl*lr r AlWiYn 0E1vtP1JT1J? U-7 )01NES F/jarh 4UQf5? 5?IeVd 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 orproposed for listing endangered orthreatened species or critical habitat in the permit area that may be affected by the proposed project. Have you done so? -YES [ ] NO [vJ 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 [ ] NO [v]' 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? cwel h zam) ti AAOR ('nmQ41Uy NANO F. If applicable, what is proposed method of sewage disposal? ry/g -?y-9 Owner's Signature Date