19920329 Ver 1_COMPLETE FILE_19920728

State of North Carolina
Department. of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor A. Preston Howard, Jr., P.E.
William W. Cobey, Jr., Secretary July 28, 1992 Acting Director
Charles and Mary Jacobs
2748 Little Kelly Road
Rocky Point, N.C. 28457
Dear Mr. and Mrs. Jacobs:
Subject: Proposed Fill in Headwaters or Isolated Wetlands
Ditch cleaning and drainage pipe renovation
Pender County
DEM Project #92329
M
Upon review of your request for Water Quality Certification
to place fill material in 1.5 acres of wetlands for
remove debris from a ditch and drainage pipe located at
SR 1409 in Pender County, we have determined that the proposed
fill.can be covered by General Water Quality Certification No..
261 issued January 21, 1992. 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. An additional condition is that debris must be
disposed of properly and excavated materila spread an adequate
distance from the ditch to prevent erosion and deposition into
the ditch.
If you have any questions, please contact John Dorney
at 919/733-1786.
Sincerely,
Pr on Howard, Jr. P. .
GTE:JD
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wiklmington Regional Office
Wilmington DEM Regional Office
Mr. John Dorney
Central Files
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 919/896-7;007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
It -",V
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO June 26, 1992
Regulatory Branch
Action ID. 199202075, Nationwide Permit No. 26 (Headwaters and Isolated
Waters) I2 n M
Mr. Charles W. Jacobs
and Ms. Mary Jacobs
2748 Little Kelly Road
Rocky Point, North Carolina 28457
Dear Mr. and Ms. Jacobs:
Reference your application submitted to this office to excavate a ditch to
alleviate flooding problems on your property located off S.R. 1409, 1 mile
from the junction of N.C. Highway 210, near.Rocky Point, Pender County, North
Carolina.
For the purposes of the U.S. Army Corps of Engineers' Regulatory Program,
Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the
Federal Register on November 22, 1991, lists nationwide permits.
Authorization was provided, pursuant to Section 404 of the Clean Water Act,
for discharges of dredged or fill material greater than 1 but not more than 10
acres into headwaters and isolated waters of the United States. Your work is
authorized by this nationwide permit provided it is accomplished in strict
accordance with the enclosed conditions.
This verification will be valid for 2 years from the date of this letter
unless the nationwide authorization is modified, reissued, or revoked. Also,
this verification will remain valid for the 2 years if, during that period,
the NWP authorization is reissued without modification or the activity
complies with any subsequent modification of the NWP authorization. If during
the 2 years, the NWP authorization expires or is suspended or revoked, or is
modified, such that the activity would no longer comply with the terms and
conditions of the NWP authorization, activities which have commenced (i.e.,
are under construction) or are under contract to commence in reliance upon the
NWP will remain authorized provided the activity is completed within 12 months
of the date of the NWP's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify,
suspend, or revoke the authorization.
As is discussed, you should contact the following State agencies to obtain
the required State authorizations prior to starting work: Mr. John Dorney,
North Carolina Division of Environmental Management, telephone [phone],
and Mr. Steve Benton, North Carolina Division of Coastal Management,
telephone: [phone].

-2-
Questions or comments may be addressed to Ms. Jean Benton, Wilmington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
Mr. John Parker
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
?Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Jim Gregson
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Pender County Water Management
c/o Mr. Carl Hardison
Post Office Box 1205
Burgaw, North Carolina 28425
W-W
pT` ?ar?'? -!:
;? " ?t)INT APPC?C Rte x P
NATIONWIDE PERMITS THAT REQUIRE NOTIFIECATION TOTH D
NATIONWIDE PERMITS THAT REQUIRE SECTIf t 40I °'CERTIFIC?iTION :CO?TCQ iCE
,,
NATIONWIDE PERMITS THAT REQUIRE`INDIVIDUAL AECTI6 t 46' CEA'JaI1 CAT
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A• 1: .;? i^ya? ,?e r , i!. r•h;Ea y.. c j ,. ?° s ? / ANA t ?`
WILMINGTON DISTRICT ENGINEER `WATElt QUAL ,,PLANNING
CORPS OF ENGINEERS DIVISION `00` .VIR
DEPARTMENT OF THE" ARMY NC DEPARTMENT OF- ENVI
RESOUR
P.O. BOX 1890 AND NATURAL,
WILMINGTON,.. NC 28402-1890 P.O.; BOX` 29535 Al
,ATTN: CESAW-CO-E RALEIGH,, NC 27626-053
-Telephone'[phone]_ ATTICMR. JOHN DORNEY.
GROvc
Telephone (91F91 733-5 3 R?
_ 'F[Y?SECTi
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.
1. OWNERS NAME2. OWNERS AIDDRESS.
io //A
i.
A- I
/ 1
3 OWNERS PHONE NUMBER (HO Ir1E). As (WORK) E? S
01.
4. IF APPLICABLE : AGENT'S NAME OR RESPONSIBLE CORPORA OF ICI , ADDR SS %
PHONE NUMBER:
5.
6
vrc
6. NAME OF CLOSEST STREAM/RIVER:
7. RIVER BASIN:
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS It OR WS II? YES [ J NO [ J
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ I NO N
IF YES, EXPLAIN.
10. ESTIMA EP OTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
213/92
LOCATION OF?ANNED WORK ATTAC? MAP).
COUNTY: o
NEAREST TOWN OR CITY:
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DIVISION OF ENVIRONMENTAL
MEMORANDUM
Date: July 16, 1992 f2 1U n W R
To: John Dorney t5 U
Planning Branch JUL 2 0
From: James H. Gregs DS GROUP
Wilmington Reg. n 1 Office NIAI ITV SGCTinni
Through: Dave Adkin
Wilmington eg dil Office
Subject: Regional Office Review and Recommendations
Application for Permit for Excavation and/or Fill
Charles and Mary Jacobs
Central Office Permit #92329
Pender County
PROJECT DESCRIPTION: The applicant proposes to clean out an
existing ditch and drainage pipe.
ADJACENT WATER BODY: Little Kelly Creek
CLASSIFICATION: CSw
The project has been reviewed to determine impacts to water
quality. The following comments have been provided.
The existing ditch across the applicant's property is
receiving DOT drainage as well as drainage from a open range hog
operation, across Little Kelly Road, which has now apparently
shut down. Problems associated with the ditch were apparently
caused mainly by runoff from the adjacent hog operation. The
ditch has become filled in with garbage (bottles and cans) and
hog waste resulting from the poor management of the hog facility.
This office has no objection to the clearing of the ditch,
however, Trash from the ditch should be disposed of properly and
excavated material should be spread an adequate distance from the
ditch to prevent it from being washed back into the ditch as it
is likely to contain hog waste. It is also suggested that the
applicant wait until the Bordeaux hog operation across the road
has been completely cleaned up and the area stabilized with grass
prior to maintaining the ditch.
1. The project will require a 401 Water Quality Certification.
2. The project complies with the General 401 Water Quality
Certification No. 2671 for headwater wetlands.
This office has no objection to the project as proposed.
cc: Wilmington Regional Office Files
Central Files
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JOINT 4PPLIO iT x +
NATIONWIDE PERMITS THAT REQUIRE NOT ~
NATIONWIDE BERMITS THAT REQUIRE SECTIENT 401 CERTIFICATION
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 4,01?C 'tIF CATIaN
WILMINGTON' DISTRICT ENGINEER WATER QUALITY PLI?NNING s :? '.
CORPS OF ENGINEERS DIVISION A, ')VOIRONMENTAL MANAGEMENT
"DEPARTMENT OF:THE ARMY NC,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 [phone] ATTN:' MR.:.JOHN DORNEY
Telephone (9194, 733=5083
ONE C-':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.
1. OWNERS NAME:
2. OWNERS DRESS' i
,A/ c "001
q 6?Pf'i
3. OWNERS PHONE NUMBER (HO ME )/OZ S •? ( WORK)
'Z4
4.' IF APPLICABLE: AGENT `S NAME OR RESPONSIBLE CORPORA OF ICI ,' ADDRESS, ,
PHONE NUMBER:.
5.. LOCATION OF-PJANNED WORK ATTAC? MAP).
COUNTY: a -RAfiAlz ;j3 4- 12-4tS
NEAREST TOWN OR CITY:
rxct?
SPCIFIC LOCATION (INCLUDE AD NUMBERS, LANDMARKS, ETV):
j /41^,* - / „-,.,/ - 1n4- ._-7 / D. W,,v ? .? /ILL
6.
NAME OF CLOSEST STREAM/RIVER:
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 ?C1
IF YES, EXPLAIN.
10. ESTIMA P OTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
r? ? . _ 2/3/92 _
z.
li3
`1?QMSER ' OF ACRES O!? fiIIA? +e; YNCLDDF?IQ?
? II
?
.
THE PROPOSED PROJECT
_ FILLEDs'a
DRAINED:

EXCAVATED: , r say :

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TOTAL IMPACTED s PWf
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12.- DE CRIPTION OF PROPOSED WORK ' ('ATTACH PLAN

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? h?!?'
F. IF APPLICABLE, WHAT IS PROPOSED METH D OF
5
OWNER'S SIGNATURE DATE

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NEAREST TOWN OR CITY:
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SP IFIC LOCATION (INCLUDE AD NUMBERS, LANDMARKS, ETV)
6. NAME OF CLOSEST STREAM/RIVER:
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. ESTIMA E? TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
:2/3/2
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13. PURPOSE F P SED WORK: w c. kAgin/v c.&
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14. STATE' REASONS WHY THE APPLICANT BELIEVES THAT THIS,ACTIVITY MOST BE

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15. dY? ARE REQUIRED TO CONTACT THE S. FISH AND WILDLIFE SERVICE
(IISFwsy AND/OR NATIONAL. MARINE FISHERIES SERVICE (NMFS}.'REGARDING THE, PRESENCE
OR ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED'
SPECIES ,?OR CRZTICAL.HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE
PROPOSED PROJECT.-'HAVE YOU DONE SO? YES 1-
RESPONSES FROM THE USFWS AND/OR•NMFS SHOULD BE FORWARDED TO CORPS.
16. Yow*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 I ]
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. Lam,,( 1 ?, 3'
E. WHAT IS LAND USE OF SURROUNDING PROPERTY?
Jr. IF PLICAtB,LE, T lIS PROPOSED METH DQ OF
5
OWNER'S SIGNATURE DATE
CARRIED OUT, IN .,WETLANDS. ALSO, -N MEASURES TAKEN TO `NI IMIZE .. WZTLAND
IMPACTS
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State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
225 North McDowell Street * Raleigh, North Carolina 27602
James G. Martin, Governor Roger N.
July 31, 1992
William W. Cobey, Jr., Secretary
rp s '® R n W1 (?
c,l if" - 5 02
Charles and Mary Jacobs
2748 Little Kelly Road
Rock Point, NC 28457
REFERENCE: DEM ID 92-329, Nationwide Permit Application for an activity located in Pender
County, NC.
Dear Charles and Mary Jacobs:
The NC Division of Coastal Management has reviewed the above referenced application for a
Nationwide Permit dated 06/09/92 pursuant to Section 307 of the Coastal Zone Management Act of 1972
as amended. Based upon our review, we have determined that the proposed activity is consistent with
the North Carolina Coastal Management Program provided the following conditions are met.
1. The activity described in the above application qualifies to receive one of the Nationwide Permits
described in 33 CFR Part 330 with the exception of numbers 17, 21, 24, and 34 which were found
inconsistent with the North Carolina Coastal Management Program.
2. A 401 Water Quality Certification is received, where required, from the NC Division of
Environmental Management.
This letter does not relieve you of the responsibility to insure that all other State authorization
and/or permit requirements are met prior to implementation of the project. Please feel free to contact Mr.
Steve Benton at [phone] if you have any questions or need further assistance.
Sin rely,
Ro er N. Sc cter
cc: Jim erstine, Division of Coastal Management, Wilmington
ZjWn NC Division of Environmental Management, Raleigh
Wilmington District Engineer
ATTN: CESAW-CO-E
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer