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Home My WebLink About19960265 Ver 1_Complete File_19960320 State 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 March 22, 1996 Pasquotank County DEM Project # 960265 APPROVAL of 401 Water Quality Certification Mr. William Brown 1286 Salem Church Road Elizabeth City, NC 27909 Dear Mr. Brown: You have our approval to place fill material in 0.26 acres of wetlands or waters for the purpose of constructing an access road at your property near Weeksville, as you described in your application dated 19 March 1996. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Numbers 2732 and 2733. These certifications allow you to use Nationwide Permit Numbers 14 and 18 when they are 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 l50B 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 Dorney at 919-733- 1786. Attachment Sincerely, 'li~', ' , ;, . / l' i J ton How," , r, P'EJ cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DEM Regional Office Mr. John Dorney Central Files 960265.1tr Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer . 50% recycled/10% post consumer paper I r---:T ,:;0 ",. -.... ... NOTIFICATION FORM INFORMATION SHEET 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) NWP7 NWP 13 (only for stabilization activities in excess of 500 feet in length or greater than an average of one cubic yard ci~gfoot) NWP 1 only for fills in special aquatic sites, including wetlands, and must include a delineation of affected special aqua c sites) . . NWP 17 C ~ ~required when discharge exceeds 10 cubic yards or the discharge is in a special aquatic site and must include a e neation 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 inclu~earestoration 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 21, NWP 32, NWP 36, andNWP37. . 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 ii1 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. ",,1'- /" .. J 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 OEM. Plans and maps must be on 81/2 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 DMSION 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 mSTORIC PRESERVATION OFFICE N.C. DiVISION OF ARCHNES AND mSTORY 109 East Jones Street Raleigh, NC 27601 Te~ephone(919)733-4763 Information obtained from these agencies should be forwarded to the Corps. '. ':~..:.'~ ';;,;." DEM ill: 9 6 02 6 ~ ACTION ID: Nationwide Permit Requested (provide Nationwide Permit #): -.N W:P \ ~ ~ ~ N uJ y \ </ 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 ENVIRONMENT, HEALTH, P.O. Box 1890 AND NATURAL RESOURCES Wtlmington, NC 28402-1890 P.O. Box 29535 ATI'N: CESAW-CO-E Raleigh, NC 27626-0535 Telephone (919) 251-4511 ATTN: MR. JOHN DORNEY Telephone (919) 733-5083 ONE (1) COpy OF TIllS 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: WiLLi AM. [3. 6rJou..JIJ 2. Owners Address: I~ct~ ~A.LE:)Yl c.l-\v12CH kbA-Dj EL\1,fH7e::,}f C'''''ll Nt! ~."JC1!Y1 3. Owners Phone Number (Home): Q\q~~~D-4-S'~~ (Work):4tQ- 3?D- ti-5~.?/ 4. If Applicable: Agent's name or responsible corporate official, address, phone number: 5. Location of work (MUST AITACH MAP). County: -:y A? l< L.tO r j:l N K Neares~ Town or City: 'C 1-1 t. ~ f2> &',. 1-'1 e i'1 . . Specific Location (Include road numbers, landmarks, etc.): Ol.-D R.o~O cRoSS/~ (~..rl TO WGl/\tfJJGta;1\1 (?J{2€~K _ J/4-- m't L~ 6A~-r Of \A.1~f;KSvi LL~ . t 6. NameofClosestStrearn/River: _N~w~c:aotV Cr2tJ3~ 1~t..iDlftNK ~V'C~ I . 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 waters of the U.S., including wetlands, located on project site: 7'1 Act ES \AJ€-rLfI ^' D ~ /1JJD 1~f:1 ,-Pull 17.3 11. Number of acres of waters of the u.s., including wetlands, impacted by the proposed project: Filled: tJ .:z1JJ /If?,eE.5 Drained: Flooded: Excavated: Total Impacted: tJ, 626 l)o.R~'5 ~.- 1 12. Description of proposed work (Attach PLANS-8 112" X 11" drawings only): 13. Purpose of proposed work: \AJlOP..fl/(I/(< 6,,-,.:,y,!lJG- n;r/',E~~ m -:pi20fE~ry 14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures taken to minimize wetland impacts. f{7' A-r:!YlJVFC 15. You are required to contact the U.S. Fish and Wlldlife Service (USFWS) and/or National Marine FISheries Service (NMFS) regarding the presence or any Federally listed or proposed for listing endangered or threatened ~ec~es or critical habitat in the permit area that may be affected by the proposed project. Have you done so? YES1XI' 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 ~ NO [ ] RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS. 17. Additional infonnation 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 perfonned by a consultant, include all data sheets relevant to the placement of the delineation line. D. If a stomiwater management plan is required for this project. attach copy. E. What is land use of s\1ITounding property? F. If applicable, what is proposed method of sewage disposal? 1i 'Ii, /?; Illl4d Owner's Signature '3.,) 1/, 11 Date 'I';' < ~::';';,;' . . ?;-;.~1 ~-,-":'?\1~~1'~-,,-_ 1 ~ ~~--- ......... 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