19970092 Ver 1_COMPLETE FILE_19970210

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
APPROVAL of 401 Water Quality Certification
Mr. Bobby J. Gurganus
1093 Gurganus Road
Richlands, NC 28574
Dear Mr. Gurganus:
A LT.WYWA
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February 18, 1997
Onslow County
DWQ Project # 970092
You have our approval, in accordance with the attached conditions, to place fill material in 0.079 acres
of wetlands or waters for the'purpose of constructing an access road at your lot near Richlands, as you
described in your application dated 10 February 1997. After reviewing your application, we have decided that
this fill is covered by General Water Quality Certification Number 3106. This certification allows you to use
Nationwide Permit Number 18 when it is issued by the Corps of Engineers. Applicant is reminded that a deed
restriction or conservation easement shall be placed on remaining wetlands on this lot to prevent future fill.
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. If total
wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required
as described in 15A NCAC 2H .0506 (h) (6) and (7). 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. Also this approval will expire when the accompanying 404 or
CAMA permit expires unless otherwise specified in the General Certification.
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 Notch Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 276 1 1-7447. This certification and its conditions
are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Dorney at 919-733-1786.
Sincerely,
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
Mr. John Dorney
Central Files
n Howar4R.
970092.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/101/6 post consumer paper
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X70092
DEM ID: CORPS ACTION ID:
401
18
NAATTONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #) :
PRE-CONSTRUCTION NOTIFICATION APPLI
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO TRZ CORPS OF ZNGINZZRS
2) APPLICATION FOR SZCTION 401 CZRTIFICATION
3) COORDINATION WITH TSZ NC DIVISION OF COASTAL
T ION - p
FEB t

SEND THE ORIGINAL AND (1) COPY OF THIS COLLETED FORM TO THE AP ROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES S ET). SEVEN
(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAME:
2. MAILING ADDRESS:
1093 GURGANUS ROAD
SUBDIVISION NAME:
RICHLANDS STATE: N.C. ZIP CODE: 28574
CITY:
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE):
N/A
3. TELEPHONE NUMBER (HOME): [phone] (WORK): [phone]
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
N/A
rFy? ua

S. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC r'
MAP OR AERIE ONSLOWRAPHY WITH SCALE)NEAREST TOWN OR CITY: RICHLANDS, N.C
COUNTY:
1
SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.):
SR 1201 GURGANUS ROAD
. COMMUNITY, GURGANUS
6. IMPACTED OR NEAREST STREAM/RIVER:
RIVER BASIN:
TEN MILE CREEK
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-II)? YES [ ] NO A IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO X
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR
LIST OF COASTAL COUNTIES.);% WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
(NONE) AS PER DEBI BROWN / PLANNING TECHNICIAN 12/04/96
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES [ ] NO [X] IF YES, PROVIDE ACTION I.D. NUMBER OF
PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION):
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [ ] NO [X] IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: .1.87 ACRES
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
2.15 ACRES

2
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
XX YES EXCAVATION:
FILLING: '

N/A
NIA OTHER:
--- ik^
t. ,.7
FLOODING : !',K
-079
N/A TOTAL ACRES TO BE IMPACTED :
DRAINAGE :
1
(1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF

RELOCATION):
Ob S
?x.
c 4
.
l
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER y

FT
N/A
FT AFTER:
N/A
LENGTH BEFORE:
N/A FT '
WIDTH BEFORE (based on normal high water contours):
N/A
WIDTH AFTER:
N/A FT AFTER: N/A F?
AVERAGE DEPTH BEFORE:
QL FROM: (CHECK ALL THAT APPLY)
TS WILL RES
-
(2 tiiKc M CHANNF7 IMPAC
1 N/A
PLACEMENT OF PIPE IN CHANNEL:
/
A
OPEN CHANNEL RELOCATION: N
CONSTRUCTION OF A DAM/FLOODING: N/A
CHANNEL EXCAVATION: -
N/A
OTHER:
IF CONSTRUCTION OF A POND IS PROPOSE//R, WHAT IS THE SIZE OF THE
11.
WATERSHED DRAINING TO THE POND?
WHAT IS THE EXPECTED POND SURFACE AREA? N/A
8Si/ON XF11YpDRAWINGS
DESCRIPTION OF
I
K
D
PLANS:
(ATTACH
USED
EQUIPMENT BE
MECHANICAL AL
ONLY) :
DUMP TRUCK (SINGLE AXLE), FRONT END LOADER
13. PURPOSE OF PROPOSED WORK:
TO BUILD AN ACESS ROAD
3
14. STATE REASONS
OUT IN WETLANDS.
IMPACTS):
UPLAND IS T ANT)T OC FD BY SURRO INT)MG PRIVATE PROPERTY, nNT.Y
ACESS IS THRU WETLANDS.
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY
ADDRESSES SHEET) REGARDING THE PRESENCE OF 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. DATE
CONTACTED: 1910/96 MR_ KFVTN MnnnY-CRY PunNF) (ATTACH RESPONSES
FROM THESE AGENCIES.)
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC
PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED:. 12/03/96 SONDRA WARD (BY PHONE)
N
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES ( ) NO M (IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL
POLICY ACT?
YES H NO H
b. IF YES, HAS THE DOCUMENT.BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [ ] NO [ ]
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE [phone].
WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
(INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
r.
4
18. THE FOLLOWING ITEMS HDIDOF EXCAVATED APPLICATION IF
PR MATERIAL
PROPOSED ACTIVITY INVOLVES THE DISCHARGE
INTO WETLANDS:.
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, PERMIT NUMBERST1418,L21ES26,
AND PONDS ON THE PROPERTY (FOR NATIONWIDE THE PR 29, AND 38). ALL STREAMS (INTERMITTESNTSHOULDAND EQUALS SOOFEETYOR 1
MUST BE SHOWN ON THE MAP. MAP INCH EQUALS 100 FEET OR THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE
LINENCLUDE ALL DATA
IMPACTED BY PROJECT.
C. IF DELINEATION WAS PERFORMED BYDELINEATICONSULTANT
SHEETS RELEVANT TO THE PLACEMENT OF THE d. ATTACH A COPY OF THE STORMWATER PMANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING
FORESTED WOODLANDS
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
N/A
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
TO:
NOTE: WETLANDS OR WATERS OF THE UC?RpMAY F ENGINEERS PERMIT,
1) ISSUANCE OF A SECTION 404
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF
ENVIRONMENTAL MANAGEMENT (WATER S) ?? I A?LETTTER FAND ROM THE
3) (IN THE TWENTY COASTAL
HE PROPOSED
NORTH CAROLINA DIVISION OF COAST ?CP,ROr CAROLINA C?OASTp?LTMANAGEMENT
ACTIVITY IS CONSISTENT WITH THE NORTH
PROGRAM.
91
D TE
5
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (189.))
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE
FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBER 18 (MINOR
DISCHARGES)
This General Certification is issued in conformity with the
requirements of Section 401, Public Laws 92-500 and 95-217 of the
United States and subject to the North Carolina Division of Water
Quality Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 2B
.0200 for the discharge of fill material to navigable waters and
adjacent wetland areas tributary to interstate waters or navigable
waters of the United States (i.e., isolated wetlands) as described in
33 CFR 330 Appendix A (B) (18). This certification replaces water
Quality Certification Number 2669 issued on January 21, 1992 and Water
Quality Certification Number 2733 issued on May 1, 1992. This WQC is
rescinded when the Corps of Engineers reauthorize Nationwide Permit 18
or when deemed appropriate by the Director of DWQ.
The State of North Carolina certifies that the specified
category of acti,,,ity will not violate applicable portions of Sections
301, 302, 303, 306 and 307 of the Public Laws 92-500 and (15-217 if
cc-T-icted in accordance with the conditions hereinafter set forth.
Conditions of Certification:
Acti•.•ities authorized by this Nationwide Permit require
written concurrence from the Division of Water Quality;
2. That appropriate sediment and erosion control practices
which equal or exceed those outlined in the most recent
edition of the "North Carolina Erosion and Sediment Control
Planning ar.d Design Manual" or the "North Carolina Surface
Mining (available from the Division of Land
Resources in the DEHNR. Regional or Central Offices) are
utilized to prevent violations of the appropriate turbidity
water quality standard X50 NTUs in streams and rivers not
designated as trout waters by DWQ; 25 NTUs in all saltwater
classes, and all lakes and reservoirs; and 10 NTUs in trout
waters);
All sediment and erosion control measures placed in wetlands
or waters shall be removed and the natural grade restored
after the Division of Land Resources has released the
project;
4. If an environmental document is required, this Certification
is not valid until a FONSI or ROD is issued by the State
Clearinghouse;
5. This Certification shall not be used in conjunction with the
Certification for Nationwide Permit 14 to create high ground
for road access;
6. Deed restrictions must be placed on all remaining wetlands
on the parcel after appropriate use of this and other
Certifications. DWQ shall be sent copies of all deed
restrictions applied to this parcel. If this condition is
not met, written DWQ approval is needed to utilize this
General Certification (and Nationwide Permit);
Measures shall be taken to prevent live or fresh concrete
from corning into contact with waters of the state until the
concrete has hardene;
8. Concurrence from DWQ that this Certification applies to an
individual project shall expire three years from the date of
the cover letter from DWQ.
Non-compliance with or violation of the conditions herein set
fcrth by a specific fill project shall result in revocation of
this Certification for the project and may also result in criminal
and/or civil penalties.
The Director of the North Carolina Division of Water Quality may
require submission of a formal application for
individual certification for any project in this category of
activity, if it is determined that the project is likely to have
a significant adverse effect upon water quality or degrade the
waters so that existing uses of the wetland or downstream waters
are precluded. .
Public hearings may be held for specific applications or
group of applications prior to a Certification decision if deemed
in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effecti•:,e date: 11 February 1997.
DIVISION OF WATER UAL TY
By
A. Preston How Jr. P.E.
Director
gencert.18
WQC a 3106