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HomeMy WebLinkAbout19960324 Ver 1_COMPLETE FILE_19960404State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., G ovemor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director FAX TO: FAX NUMBER: FROM: PHONE: 9!L NO. OF PAGES INCLUDING THIS SHEET: N COMMENTS : ?EHNR ov? ??ui?l q?-?- Environmental Sciences Branch • 4401 Reedy Creek Road Raleigh, North Carolina 27607 Telephone 919-733-9960 FAX # 733-9959 An Equal opportunity Affirmative Action Employer 50% recyc"10% post consumer Paper State of North Carolina t Department of Environment, Health and Natural Resources 4 09 ivision of Environmental Management D James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary [D FE " l A. Preston Howard, Jr., P.E., Director April 17, 1996 Nash County DEM Project # 9(4)324 APPROVAL of 401 Water Quality Certification City of Rocky Mount P.O. Drawer 1180 Rocky Mount, NC 27802-1180 Dear Sirs: You have our approval to place fill material in 0.01 acres of wetlands or waters for the purpose of constructing a canoe launch site at Griffin Street at Tar River, as you described in your application dated 4 April 1996. After reviewing your application, we have dcxided 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 applicalion. 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 SlaUhtes 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 Dorney at 919-733- 1786. Sincerely, J A! Preston I Ioward, Jr. P.E. Attachment r j cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office Raleigh DEM Regional Office Mr. John Dorney Central Files Steve Stander 9(A)32A.Itr Environmental Sciences Branch, 4401 Roody Crook Rd., Raloigh, NO 27607 Tolophone 919-73'3.17Pr; I"AX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50'/o rerycled/10% post consunhor repor a ? a F t. .s RECEIVED J 401 ISSUED NOTIFICATION FORM APR 04 1996 INF(. 1 MATION SHEET NVtK01VMEWA(.SCIENCc 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 (4 500 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 vards 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 rneasures 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 re(luired, or c. Unless 30 days (calendar) have passed f rom 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 and 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. Fi3h 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. 13. APPLICATION TO DEM FOR NATIONNFIDE PERM[TS ECTION 401 CERTIFICATION. Certain nationwide permits require an application to I)EM 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 gener,I 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 reglrire application for Section 401 water quality certifications. P C. NOTIFICATION/APPLICATION PROCEDURES. This 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. ; Orie 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 1/2 x 11 inch paper. Endangered species requirement: For Corps of En*ineers 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 Ilistoric 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 ARCIIIVES AND III STORY 109 East Jones Street Raleigh, NC 27601 Telephone (919) 733-4763 Information obtained from these agencies should be forwarded to the Corps. .f DI'--M ID: /V I-JF, / ? ACTION Ili: Nationwide Permit Requested (Provide Nationwide Permit #): _/V W P 16 JOINTFORM 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 NCI DEPARTMENT OF ENVIRONMENT, HEALTH, P.O. Box 1890 AND NATURAL RESOURCES Wilmington, NC 28402-1890 P.O. Box 29535 ATTN: CESAW-CO-E Raleigh, NC 27626-0535 Telephone (919) 251-4511 ArIT-1: MR. JOHN DORNEY Telephone (919) 733-5083 ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD 13E SENT TO THE CORPS OF ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO T111; N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT. PLEASE PRINT. ?r 1. Owners Name:. 1C>!t?'?i--- 2. Owners Address: 1 C (3a'r b?r'r 1'c?l? I I?? 11 is 3. Owners Phone Number (home): (Work): C]l I-) ( L I r 4, If Applicable: Agent's name or responsible cor-porote official, address, phone number: -- it/as nl c z t ._.___ 5. Location of work (MUST AITACII MAP). County: k Nearest Town or City: ___ zq_? Specific Location (Include road numbers, landmarks, rtc.):___ %V, 74" 6. Name of Closest Stream/River: Tam' 2 ?•? r /J 7. River Basin: F. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS 1, or WS II? YES [ J NO [?J 9. Have any Section 404 permits been previously requested for irse on this property? YES [ J NO [W If yes, explain. 10. Estimated total number of acres of waters of the i 1.S., including wetlands, located on project site: ---- I A C. r --- -- - ------ - - - - 11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: Filled: Drained: Flooded: _ rJi Excavated: 'T'otal Impacted:_ ? 12. Description of proposed work (Attach PLANS-8 1/2" X I V drawings only): 13. Purpose of proposed work: llo?r ?• ??.!? ate( r ar'L^f??lic<? People & xA ilu;,- c. 14. State reasons why the applicant believes that this activity must be carried out in wetlands. JkIso, not measures taken to minimize wetland impacts. IL / )D ter 1. r cam.-!c< ??t,/ dcJ,? ?r cio.?l 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 [ ] NO [q' 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 thc- proposed project? Have you done so? YES[ ] NO ?-r RESPONSE FROM THE SHPO SHOULD ICE Fc)RWAIDID'p0 CORPS. ?7. Additional information required by DEM: A. Wetland delineation map showing all wetlands, streams, and lakes on die 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. Whar is land use of surrounding property? _?. 0.,%8 LllW- t F. If applicable, what is proposed method of sewag(° disposal? __ A11A Owns is Signature I Date _ I. I I I I 1 1 I I I I I I I I ! I 1• I I I I I I I I I I I I? I I I I I I I I% I I 1 1 1 1 1 1 1 I I I ?j I I I I I ? I ?? ? ?I ? I I I I I I >?- I , I I ?, I t,_f I l I I I' I I I'f ?" I I l I I I j 'I I I I I ?, 11 I I I ' \ I I I _ I s .[. I' I I ? \ I'I ? \ I I L. l I' t l I I j I I, I I` 1 I I ? I' 1 I I I r? III I I? I, 1, I I I? 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