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State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street 0 Raleigh, North Carolina 27604
James G. Martin, Governor George T Everett, Ph.D.
William W. Cobey, Jr., Secretary July 15 , 1991 Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. James Powell
Powell-Phillips
Post Office Box 616
Beaufort, North Carolina 28516
Dear Mr. Powell:
The Division of Environmental Management issued a 401 Water
Quality Certification to you on 16 April 1991 for road access for
Mr. Raymond Wollard's property in Beaufort, North Carolina. This
401 was issued after a field visit with you, Jim Gregson of our
Wilmington Regional office and John Dorney on January 29, 1991.
At that meeting, as confirmed in the followup letter from you on
26 February 1991, we agreed dour proposal to fill the entire `
wetland/pond would be modified to only fill for "a driveway
across the wetland to access the building portion of the lot"
(letter attached).
The 401 Certification allows you to fill "0.48 acres of
wetlands for road crossings ...it Clearly, the 0.48 acre figure
was in error since that amount of fill would fill the entire
wetland which was not your intent in your 26 February 1991
letter.
The Division of Environmental Management's 401 Certification
is valid for your fill of the 0.48 acre as long as the fill is
only for road crossing. Therefore, as long as Mr. Woolard does
not place any buildings, septic tank, storage sheds or use the
property for anything other than a road crossing, the Division of
Environmental Management will not pursue legal action. However,
if Mr. Woolard does use the 0.48 acres for anything other than a
Regional Offices
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/733-2314 919/'946-6481 919/395-3900 - 919/761-2351
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

Mr. James Powell
July 15, 1991
Page Two
road crossing, our 401 Certification is clearly not applicable
and we will consult with the Corps of Engineers with an intent to
pursue action to have the fill removed.
If you or Mr. Woolard have any questions, please call John Dorney
at 919/733-5083.
Since e y,
d `
George T. Everett
GTE: JD
Powell.ltr/D-6
cc: Dave Adkins
Wayne Wright
Carteret County Health Department
Central Files
Rob Gelblum, Office of General Counsel
MEMO
DATE:

TO:?" SUBJECT:
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4Ae-f .
JUL 17 1991
WAT - U ITY
orth Carolina Depa of Environment,
-? x Health and Natural Resources
t
POWELL - PHILLIPS SURVEYING, P.A.
REGISTERED LAND SURVEYORS
POST OFFICE BOX 616
BEAUFORT, NORTH CAROLINA 28516
[phone]
415 LIVE OAK STREET JAMES L- POWELL, RLS # L-1 531
BEAUFORT, NORTH CAROLINA 28516 JAMES 1. PHILLIPS III, RLS # L-3151
February 26, 1991

mn 1991 `

John Dorney I?-R ?.!UAUTY
P. O. Box 27687 f' P?3RR?R? ??dnch
Raleigh, N.C. 276 1 1-7687

Mr. Dorney:
Enclosed please find copies of revised site plan and
Environmental Health permits and a letter from LAMA for
Raymond Woolard at Lennoxville Point in Beaufort, N.C..
As per our conversation at the site on Lennoxville Road,
we would like to modify our previous proposal to fill the
entire pond to a proposal to fill only a driveway across the
wetlands to access the buildin g portion of the lot.
As soon as we hear from you, we'll relay this information
to the Corps of Engineers.
Thanks for your considerati on of this matter.
Sinter y,
s L. Powell
RLS L-1531
JLP/k:hp
5
4
F
BOUNDARY, TOPOGRAPHIC, HYDROGRAPHIC, SUBDIVISION AND LAND PLANNING
`k
POWELL - PHILLIPS SURVEYING, P.A.
REGISTERED LAND SURVEYORS
POST OFFICE BOX 616
BEAUFORT. NORTH CAROLINA 28516
(919) 72B-4235
415 LIVE OAK STREET
BEAUFORT. NORTH CAROLINA 28516
JAMES L. POWELL. RLS # L-1531
JAMES 1. PHILLIPS III, RLS # L-3151
February 26, 1991
?? P11!!9i991 `

Jahn Dorney IUALITY
P. O. Box 27687 °t ?? Pl?flt?9?? I?ranch ?
?
' Raleigh, N.C. 27611-7687

Mr. Dorney:
Enclosed please find copi es of revised site plan and
Environmental Health permits and a letter from LAMA for
Raymond Woolard at Lennoxville Point in Beaufort, N.C..
As per our conversation at the site on Lennoxville Road,
we would like to modify our previous proposal to fill the
entire pond to a proposal to fill only a driveway across the
wetlands to access the buildin g portion of the lot.
As soon as we hear from yo u, we'll relay this . information
to the Corps of Engineers.
Thanks for your considerati on of this matter.
Sinter y,
s L. Powell
RLS L-1531
JLP/k:hp
k
BOUNDARY, TOPOGRAPHIC, HYDROGRAPHIC, SUBDIVISION AND LAND PLANNING

DIVISION OF ENVIRONMENTAL MANAGEMENT
MEMORANDUM
Date: June 26, 1991
To:
Planning Branch
From: James H. Gregson
Wilmington Region 1 Office
Through: Preston Howard
Dave Adkins AJ
Wilmington Regional Office
?1>1
Subject: Regional Office Review and Recommendations
Revocation of 401 Certification
Raymond Woolard
Project # 9008-N
Carteret County
The Wilmington District Corps of Engineers issued Public
Notice #CESAW-C090-N-016-0435 on August 23, 1990. The Public
Notice stated Mr. Raymond Woolard had applied for a Department of
the Army after-the-fact permit to authorize the placement of fill
material in wetlands adjacent to the North River, in Beaufort,
North Carolina. Mr. Woolard requested a permit to place 2,033
cubic yards of fill material in a 0.45 acre wetland area, 7,700
square feet (0.18 acres) of which had already been filled without
a permit.
On September 17, 1990, this Office recommended a 401
Certification be issued for the 0.18 acres of wetlands already
filled. Certification #2518 was issued on October 1, 1990 for
this fill (0.18 acres). Per conversations with Mike Smith with
the Corps of Engineers it is the understanding of this Office the
applicant refused to sign a 404 Permit which would have allowed
the filling of 0.18 acres.
On February 26, 1991, the applicant requested a modification
to his original proposal (filling 0.45 acres). This latest
request was to fill only for a driveway (130' X 20' or 0.06
acres) to access the high ground portion of the lot. On April 16,
1991 a General Certification was issued for the proposed road
crossing, however the General Certification was issued for 0.48
acres.
On June 21, 1991, this Office was notified that the entire
wetland area on the Woolard property had been filled. This was
verified by a site inspection on June 25, 1991. Mike Smith (COE)
stated on June 21, 1991, that a valid 404 Permit still had not
been issued for this project.
Aw-

9008-N.JUN
June 26, 1991
Page Two
. It is recommended both of the 401 Certifications issued for
this site be revoked based on the following considerations:
1. The applicant refused to accept a 404 Permit prepared in
accordance with the 401 Certification.
2. The latest request (February 26, 1991) was to fill an area
for a driveway (130' X 20') to access the high ground on the
site.
3. The most recent Certification was issued as a General
Certification to qualify the applicant for NWP 26 when in
fact the project did not qualify for a Nationwide Permit.
As the project is considered adjacent 404 wetlands, it can
not qualify for a Nationwide Permit.
4. The site investigation of June 25, 1991, revealed the
applicant has filled in excess of the 20' X 130' which was
requested. The entire wetland area was filled without a 404
Permit.
It is further recommended the Corps of Engineers require the
applicant to return the area to its original condition until such
time as a 404 Permit is issued for the 20' X 130' driveway.
If additional comment is necessary, or if we can assist in
this matter; please advise.
JHG:9008-N.JUN
cc: Wilmington Regional Office Files
Central Files
Mike Smith (Corps of Engineers)
r

. STATE o
e
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Govemor April 16, 1991 George T. Everett, Ph.D.
William W. Cobey, Jr., Secretary Director
Mr. James L. Powell
Powell-Phillips
Post Office Box 616
Beaufort, North Carolina 28516
Dear Mr. Powell:
Subject: Proposed Fill in Headwaters or Isolated Wetlands
Road Crossing for Raymond Woolard
Carteret County
Upon review of your request for Water Quality°Certification
to place fill material in 0.48 acres of wetlands for road
crossing, we have determined that the proposed fill can be
covered by General Water Quality Certification No. 2176 issued
November 4, 1987. A copy of the General Certification is
attached. -This Certification may be used in qualifying for
coverage under Corps of Engineers' Nationwide Permit No. 26.
If you have any questions, please contact John Dorney
at 919/733-5083.
Sincerely,
/George T. Everett
GTE:JD
Attachment
cc: Wilmington District Corps of Engineers
Wilmington DEM Regional Office.
Mr. John Dorney
Central Files
Pouu&m Pm%wrtlon Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Ent jai Onnnrtunity Affimkltive Action Employer
GENERAL CERTIFICATION
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 Environmental Management Regulations,in
1514CAC2H, Section .0500.for the discharge of fill material
to navigable waters or adjacent wetlands areas which are
above the headwaters or to wetland areas that are not a part
of the surface tributary system to interstate waters or
navigable waters of the United States (i.e. ':Isolated
wetlands) as described in 33 CPR 330:5(a)4 26) of the Corps
of Engineers' regulations. The category,--of z`activi'ties shall k>
include any fill activity in these heaB4ters,, aifd solated Y,
wetlands. areas where =tthe -:-activity ? does *adet-resui? he > k$.
loss or -substantial-modification of :0: cres or more _=of
waters of the United States, incladincj t ands.,`; z'
The State of North.,Carolina i. c fies that ,the

specified category -of". actibitp WL13L shdt violate -Sections
301, 302, 3.03, 306 .-and .-307 of ;tihe •Fliblic-:Laws-=92=500 =and
95-217 if.conducted: in-accordance with the conditions-
hereinafter set forth.
Conditions of Certification:
1. Proposed fill or substantial modification of .1 to
10-acres of such waters, including wetlands,
requires a written concurrence from the Division
of Environmental Management. Activities involving
less than one acre do not require written
concurrence.
2. Excluded from this General Certification are
discharges of fill in waters classified WS I, I1,
or III (public water Supplies) and SA (shellfish
k"ater!;). This oxclusion also applies to fill in
w(-t Irtnds aid jacent t.n, these waters. Discharge
;)roposed for these waters or wetlands must be
considered for certification on a case-by-case
Iasi ,
- 2 -
3. That the discharge will consist of suitable
material free from toxic pollutants in other than
trace quantities;
4. That established erosion control practices are
utilized to prevent excessive increases in
turbidity and settleable solids concentrations in
the water body as a result of the discharge;
5. That the discharge of fill material shall be in
accordance with the conditions and management
practices specified by the Corps of Engineers in
33 CPR 330.5 and 330.6 for. nationwide permit
Non-compliance...--with or violation of-tthe conditions ?--
pecific fill project'`shallxesnlt -n
herein set forth by.;??M
revocation of thio.v:CeA"ication.- for:4the kpro ject
The Director :of. or h., Carolina -.division . of
Environmental Manageiagnt? 'aye require«ubmission of -8r fo=maI n,
application -for' certii? 5cisrti'?+on for any.-project Zin 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 are
precluded.
Public Hearings may be held for specific applications
or group of applications prior to Certification if deemed in
the public's best interest by. the Director of the North
Carolina Division of Environmental Management.
This the day of 4`4F ff 4e
i
DIVISION Oi!_? FNVIRONUENTJ6, MANA(;EMFN'I'
BY --
J
I2. f',1uI Wilms, I)iroctor

DIVISION OF ENVIRONMENTAL MANAGEMENT
MrAWAAMMM,
Date: April 9, 1991 ] A 1-09?
4 a -'
' J
To: w1o Dorn_ei{' ..? _
} his
Planning Branch
From: James H. Gregso
Wilmington Regional ffice
Through: Dave Adkins
Wilmington Iona Office
Subject: Regional Office Review and Recommendations
Application for Permit for Excavation and/or Fill
Project # 9008-N
Raymond Wollard
Carteret County
PROJECT DESCRIPTION: Mr. Raymond Wollard has modified his
original proposal to place fill material in .48 acres of wetlands
on his property adjacent to the North River. His proposal now is
to fill only for a driveway across the wetland area to access the
highground building site. The area to be filled is approximately
1301 X 20'.
The project has been reviewed to determine impacts to water
quality. The following comments have been provided.
The project will require a 401 Water Quality Certification.
and that Certification should include the following conditions
for the filling of wetlands.
1. That silt fences and other erosion controls be in place
prior to any earthen movement in the area of the wetlands.
2. That all fill material be from a clean upland source, free
from any toxic material.
3. That the turbidity in the water not exceed 25 NTU due to the
project.
4. That the side slope of the filled area be stabilized with
vegetation as soon as possible to prevent erosion.
This office has no objection to the project as proposed.
JHG:9008-N.APR
cc: Wilmington Regional Office Files
Central Files
DCM-Steve Benton

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POWELL - PHILLIPS SURVEYING, P.A.
REGISTERED LAND SURVEYORS
POST OFFICE BOX 616
BEAUFORT, NORTH CAROLINA 28516
[phone]
415 LIVE OAK STREET JAMES L. POWELL. RLS # L-1531
BEAUFORT, NORTH CAROLINA 28516 JAMES 1. PHILLIPS III, RLS # L-3151
ganuary 3, 1991
Steve W. l edderc, Chie?
Water Quality Sect Lon
DLv. o? Environment Management
P.O. Box 27687
Raleigh, N. C. 276/ / -7687
JAN 9 1991
SATE,? QUALITY
SECTION
A/t. l edden:
Z received you letter o? Dec. 20, /990 concerning MtL. Raymond
Wooland application PA 40/ certification (No. 2518J.
4though Z do not agnee with yours DLviiion'A "belie" that the
404 wetlands on thin .Lot provide AignL?Lcant uAea to Atormwaten
treatment, ground water recharge, or any wildli?e habitat or aquafic
lL?e other than vegetative, your entitled to that "belie". 14A
I've Aaid beoae, thin moaquLto hole ii nothing but a health
hagand.
Ne.ventheleAA you additional belie that Alt. Woolard haA not been
denied "ordinary and reaAonable uae" o? ALA property is completely
invalid and can be Ahown to be ao.
firat o? all due to the con?Launation o? the lot and the .Location
o? the wetlanda on the Aite the only ?eaaable .Location o? a aingle
?amily dwelling on thiA lot would be as indicated on the attached
ahetch. /hit iA not only controlled by the lot con?Lguration but
by the cunnent ground water absorption regulationA which would
nequine,i the Aeptic Ayatem on thiA lot to be eaAf o? the wetlandA
area.
What uou obviously do not neali5e is the, aAaeaied value o? thiA
pnopentydand the act that even with the dill already in place on
the cite Mt. Wooldard LA denied acceAA to the wateVnont portion o? hi2
property without additional dill.
1 would urge you to review thia application on itA individual
uni,uene/i, and own meiziti and get all o? the ?act4 before atating
a " elie?" obviously based on no auppontive data.
BOUNDARY, TOPOGRAPHIC, HYDROGRAPHIC, SUBDIVISION AND LAND PLANNING

page 2
May Z Auggeat that you v?/i?t the ?i to (with Mn. Wooland',i
approval a.Long with liomeone capable o? ihowL*na you the pnopenty
and explain to you true nature o? fAbi and make a Yogccal
eval vat Lon bated on act/.
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