19930223 Ver 1_COMPLETE FILE_19930521

State of North Carolina
Department of Environment, FWYWA
Health and Natural Resources 4 • ow
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, , Secretary
E H N F1
A. Preston Howard, Jr., P.E., Director
June 10, 1993
Mr. A.D. Ward
Post Office Box 1148
New Bern, N.C. 28560
Dear Mr. Ward:
Subject: Proposed fill in Wetlands or Waters
Road crossing for residential development
Craven County
DEM Project # 93223
Upon review of your request for 401 Water Quality Certification to place fill material in
0.5 acres of wetlands or waters which are tributary to Trent River for road crossing located at
SR 1206 in Craven County, as described in your submittal dated 15 March 1993, we have
determined that the proposed. fill can be covered by General Water Quality Certification No.
2732 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. 14. An additional supplemental condition is that residential lot fill will not be
allowed in this development.
If you have any questions, please contact John Dorney at 919-733-1786.
Sincerely,
93223.Itr
Attachment
Howard, Jr.
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional Office
entral Files
Joe Riddick; Robert M. Chiles, PE
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper

DEPARTMENT OF THE ARMY f2 (?1 tc R
WILMINGTON DISTRICT, CORPS OF ENGINEER !5 t? l5_?,LS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890 N1 MAY _ 5 1993
IN REPLY REFER TO April 28, 1993

Regulatory Branch
Action ID. 199301613 and Nationwide Permit No. 14 (Road Crossing)
Mr. A.D. Ward
Post Office Box 1148
New Bern, North Carolina 28560
Dear Mr. Ward:
Reference your application of February 4, 1993, for Department of the Army
authorization to complete construction of a road crossing across wetlands
adjacent to an unnamed tributary to the Trent River, off Trent Shores Drive,
in New Bern, Craven 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, pursuant to Section 10 of the Rivers and Harbors Act of 1899
and Section 404 of the Clean Water Act, was provided for fills for roads
crossing waters of the United States (including wetlands and other special
aquatic sites) provided:
a. The width of the fill is limited to the minimum necessary for the
actual crossing;
b. The fill placed in waters of the United States is limited to a filled
area of no more than one-third acre. Furthermore, no more than a total of 200
linear feet of the fill for the roadway can occur in special aquatic sites,
including wetlands;
C. The crossing is culverted, bridged or otherwise designed to prevent
the restriction of, and to withstand, expected highflows and the movement of
aquatic organisms;
d. The crossing, including all attendant features, both temporary and
permanent, is part of a single and complete project for crossing of a water of
the United States; and
e. For fills in special aquatic sites, including wetlands, the permittee
notifies the District Engineer in accordance with the "Notification" general
condition.
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions. This
nationwide permit does not relieve you of the responsibility to obtain any
required State or local approval.

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This verification will be valid for 2 years from the date of this 1et-::er
unless the nationwide authorization is modified, reissued, or revoked. Also,
this verification will remain valid for the 2 years if, during that period,
the nationwide permit authorization is reissued without modification or the
activity complies with any subsequent modification of the nationwide permit
authorization. If during the 2 years, the nationwide permit 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 nationwide permit,
activities which have commenced (i.e., are under construction) or are under
contract to commence in reliance upon the nationwide permit will remain
authorized provided the activity is completed within 12 months of the date of
the nationwide permit'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 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].
Thank you for your time and cooperation. Questions or comments may be
addressed to Mr. Norm Sanders of our Washington Regulatory Field Office,
telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
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Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health, and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
. 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. Joe Squires
Craven County Building Code Administrator
Post Office Drawer R
New Bern, North Carolina 28563
Joe L. Riddick, Jr., P.E.
Robert M. Chiles Engineers &
Consultants
Post Office Box 3496
New Bern, North Carolina 28560
Mrs. Deborah Sawyer
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 2188
Washington, North Carolina 27889
Mr. Charles Jones, District Manager
Division of Coastal Management
North Carolina Department of
Environment, Health, and
Natural Resources
Post Office Box 769
Morehead City, North Carolina 27889
ROBERT M. CHILES, P.E.
ENGINEERS, CONSULTANTS
MARINE SURVEYORS
.?.•..,,
417-A BROAD STREET USINESS919-637-4702
P.O. BOX 3496 NI
EWB BERN, May 18, 1993 ;GAX: 919-638-2346
NEW BERN, NORTH CAROLINA 28564-3496 J FAX`. 919-637-3100
i1w €1 g 1993
Mr. John Dorney
Water Quality Section
Division of Environmental Management
N. C. Dept. of Environment, Health
and Natural Resources
P. O. Box 27687
Raleigh, North Carolina 27611-7687
Re: Joint Application - Wards Point West
Minor Road Crossing
Dear Mr. Dorney:

On March 12, 1993 we mailed you seven (7) copies of the Joint Application Form
with attachments for the above referenced road crossing. The Corps of Engineers
approved our application (Action ID 199301613 and Nationwide Permit No. 14-Road
Crossing) on April 28, 1993; however as of this date we have not received a reply from any
of the agencies of the North Carolina Dept. of Environment, Health and Natural Resources.
Since there is no acknowledgment procedure with the Water Quality Section and we
mailed the seven (7) copies of the application more than two (2) months, will you please
confirm that they have been received and are being reviewed.
We thank you for your assistance and trust you will send us a confirmation of the
application being received bythe Water Quality Section orcornments concerning the review
as soon as possible.
Very truly yours,
ROBERT M. CHILES, P.E.
Joe L. Riddick, Jr., P.E.
JLR,JR:jrf
cc: Mr. A. D. Ward
MECHANICAL, CIVIL, AND MARINE ENGINEERING MARINE HYDROGRAPHIC AND LAND SURVEYS
COMMERCIAL, INDUSTRIAL, MARINE AND RAILROAD FACILITIES DESIGN
FORENSIC ENGINEERING AND FAILURE ANALYSIS BOUNDARY SURVEYS AND MAPPING SERVICE
ROBERT M. CHILES, P.E.
ENGINEERS, CONSULTANTS
MARINE SURVEYORS
417-A BROAD STREET
P.O. BOX 3496
NEW BERN, NORTH CAROLINA 28564-3496
March 12, 1993
Mr. John Dorney
Water Quality Planning
Division of Environmental Management
N. C. Dept. of Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Re: Joint Application
Wards Point West
Minor Road Crossing
Dear Mr. Domey:
q3z-2-3
BUSINESS: 919-637-4702
NIGHTS: 919-638-2346
FAX: [phone]
?' pi
MAR 51993
Please find enclosed seven (7) copies of the completed Joint Application Form with
the following attachments:
1. Response from U. S. Fish and Wildlife Service
2. Response from National Marine Fisheries
3. Response from State Historic Preservation Office
4. Location Map/Cover Sheet
5. Preliminary Plan showing Wetlands Delineation.
The original wetland crossing was permitted with 200 linear feet of fill and a 48 foot
culverted crossing of an unnamed tributary of the Trent River. This was permitted by the
Corps of Engineers under Nationwide Permit No. 14 dated September 19,1988 from Charles
W. Hollis to Rob Moul and the Division of Environmental Management by General Water
Quality Certification No. 2177 dated November 29, 1989 from Paul Wilms to Joe Riddick.
MECHANICAL, CIVIL, AND MARINE ENGINEERING
COMMERCIAL, INDUSTRIAL, MARINE AND RAILROAD FACILITIES DESIGN
MARINE HYDROGRAPHIC AND LAND SURVEYS
FORENSIC ENGINEERING AND FAILURE ANALYSIS
BOUNDARY SURVEYS AND MAPPING SERVICE

M
Mr. John Dorney -2- March 12, 1993
On January 1992 the owners employed Trader Construction Company to clear and
grub the roadway from Trent Shores Drive thru the wetlands; this was accomplished and
fill material was placed from Trent Shores Drive to the wetlands. That was the extend of
our construction until recently when the fill material was graded by another party to
accommodate a driveway connection to an existing dwelling.
During the permitting process, everyone assumed the culverted crossing would
consist of multiple large diameter pipes; however, at the request of the City of New Bern
who now has municipal jurisdiction, we began looking for an alternative thatwould be easier
to maintain. We first looked at a multi-barreled box culvert which would require less
maintenance particularly as it pertained to the end treatment; however, this appeared to be
cost prohibitive so we are presently looking at a single span bridge.
The bridge would have a clear span of approximately fifty (50) feet; wide enough for
two (2) lanes of traffic and a pedestrian/bicycle path, and have highway design rails. From
a visual standpoint, the low bridge would be the most aesthetically pleasing of the three (3)
alternatives and from an environmental standpoint, the open span would certainly have the
least detrimental effect on the wetlands since they would remain under the bridge as
opposed to being displaced by pipe or box culvert inverts.
On behalf of the Owners, we are asking you to review this proposed wetland
crossing so we can attain the necessary permits to continue our roadway construction.
If you have questions or need additional information please contact us at your
earliest convenience.
Very truly yours,
ROBERT M. CHILES, P.E.
Joe L. Riddick, Jr., P.E.
JLR:jrf
Enclosure
cc: Mr. A. D. Ward, w/attachments
DEM IDs ACTION IDs
NATIONWID:: PERMIT APPLIED FOR (PROVIDE NATIONWIDE PERMIT f): 14
JOINT APPLICATION FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO CORPS OF ENGINEERS
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION'CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
WILMINGTON`.DISTRICT ENGINEER
CORPS OF `ENGINEERS
DEPARTMENT OF THE ARMY
P.O. BOX 1890
WILMINGTO'1,_NC. 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENT
NC DEPARTMENT OF ENVIRO
AND NATURAL RESOUR
P.O. BOX 29535
RALEIGH, NC 27626-053
ATTN: MR. JOHN DORNEY?
Telephone [phone]
5.., 9
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD ' BE SENT TO TH , n+ATER UA SECTI
ENGINEERS. SEVEN (7) COPIES SHOULD BE. SENT TO,THE N.C.`DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT. `
1. OWNERS NAME: A. D.'Ward & Others
2. OWNERS ADDRESS: P. 0. BOX 1148
New Bern, N. C. 28560
3. OWNERS PHONE NUMBER (HOME): 637-5743 (WORK)= 63- 3-1103
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
5. LOCATION OF PLANNED WORK (ATTACH MAP). COUNTY: Craven
NEAREST TOWN OR CITY: New Bern
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
Access Route S.R. 1206 Trent Shores Drive
1500 - feet S E from Country Club Road and Trent Shores Dr toward
Trent River (See Enclosed Mao)
6. NAME OF CLOSEST STREAM/RIVER: Trent River/Neuse River
7. RIVE RIBASIN: Trent River
8. IS THIS PROJECT LOCATED. IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES ( j NO (X)
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ Xj NO ( j
IF YES, EXPLAIN. -survey Map'delineatin wetlands approved June 8. 1988
10. ESTIMATED TOTAL NUMBER OF ACRES OF VATERS OF THE U.S., INCLUDING
WETLANDS, LOCATED ON PROJECT SITE: 22.76± Arras
3/30/92
TAIL ???
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office M M
Post Office Box 33726
Raleigh, North Carolina 27636-3726
TO:111&.? V_-2. k%d"u C_ k-, ?,
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INSTANT REPLY
Please excuse this form. We thought you would prefer a speedy reply to a
formal letter. This is provided in response to your notification letter to
the U.S. Fish and Wildlife Service concerning Federally-listed endangered
and threatened species. This reply should be forwarded to the Corps of
Engineers Regulatory Branch.
Re:
?It
Nation,hide Permit Number Proje Name &v'._ Cc?C
19 IR
Date
Based on our records, there are no Federally-listed endangered or
threatened species which may occur within the project impact area.
The attached page(s) list(s) the Federally-listed species which
may occur within the project impact area.
If the proposed project will be removing pines greater than or equal
to 30 years of age in pine or pine/hardwood habitat, surveys should
be conducted for active red-cockaded woodpecker cavity trees in
appropriate'habitat within a 1/2 mile radius of project boundaries.
If red-cockaded woodpeckers are observed within the project area or
active cavity trees found, the project has the potential to
adversely affect the red-cockaded woodpecker, and you should contact
this office for further information.
The Service concurs that the proposed project is not likely to
adversely affect Federally-listed endangered or threatened species,
their formally designated critical habitat, or species currently
proposed for Federal listing under the Endangered Species Act, as
amended.
Staffing limitations prevent us from conducting a field inspection
of the project site. Therefore, we are unable to provide you with
site specific recommendations at this time.
Questions regarding the enclosed information should be directed to the Corps
of Engineers' regulatory staff member who is handling this project.
CONCUR:
Cinator
.e /
3rp`4`Nf °/ F",?i
UNITED STATES DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
NATIONAL MARINE FISHERIES SERVICE
Southeast Regional Office
9450 Koger Boulevard
St. Petersburg, Florida 33702
February 8, 1993
Mr. Robert M. Chiles
417-A Broad Street
P. O. Box 3496
New Bern, North Carolina 28564-3496
Dear Chiles:
This responds to your letter dated February 4, 1993, for work
proposed by Mr. A. D. Ward & others near New Bern, Craven County,
North Carolina. In accordance with provisions contained in the
Fish and Wildlife Coordination Act, the National Marine Fisheries
Service (NMFS) has reviewed the information you provided and has
determined that your proposed action would not adversely affect
marine, estuarine, or anadromous fishery resources under the
purview of this office.
Sincerel yo r
Andras Mager, Jr
Assistant Regio 1 Director
Habitat Conser ation Division
cc: HCD, St. Petersburg, FL
s ?y.
P-D
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Nor ?':: pi>ta Depa
James B. Hunt. Jr.. Governor
Betty Ray McCain. Secwlary `
J
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S'
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Division or Archives and History
William S. Price. Jr.. Director
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NATIONWIDE 404 PERMIT REVIEW
(?.,,, ?s3?9 3
CANT: --??"
A. D. Ward & Others ?i `J,BGU =/" ?`f
PO Box 1148
New Bern, NC 28560
Project Location:
CRAVEN/New Bern
Proposed Project:
Fill for minor road crossing Ward's Point West
We have received the application for the above project from the lica /Division of
Environmental Management and -our comments are noted below.
Additional information is needed (maps, photographs, other)
No comment.
We have reviewed the requested information a have no comment.
Signed
Renee Gledhill-Earley
Environmental Review Coordinator
State Historic Preservation Office
919/733-4763
Date
cc: Wayne Wright, ACOE (if comment or need info)
109 East Joues Street • Raleigh. North Carolina 27601-2807
19 FfE 8P93
ER
Received
Due
of Cultural Resources
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d \w STATE a
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An n Or° y
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State of North Carolina I "AIW 'un
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor March 29, 1993 Jonathan R Howes, Secretary
Mr. A. D. Ward & Others
P. O. Box 1148
New Bern, NC 28560
RE: DEM ID# 93-223, Nationwide Permit Application for an activity located in Craven
County.
Dear Mr. Ward:
The North Carolina Division of Coastal Management has reviewed the above referenced application for
a Nationwide Permit dated February 4, 1993 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 referenced 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 North Carolina
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 me at
[phone] if you have any questions or need further assistance.
Sincerely,
Q?\<?? ??. ?5)
Charles S. Jones
District Manager
CSJ/dh
cc: Preston P. Pate, Jr.
Steve Benton, Consistency Coordinator
Wilmington District Engineer; ATTN: CESAW-CO-E
John Dorney, DEM/Raleigh
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] Fax # [phone]
An Equal Opportunity Affirmative Action Employer

7
44
t RE0Wd
APR 1 21993
WETLA _x
i 9tA i Fn n
® North Carolina Wildlife Resources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John Dorney
Water Quality Planning
Div. of Environmental Management, DEHNR
FROM: Richard B. Hamilton y?1
Assistant Director N
DATE: April 7, 1993
SUBJECT: Division of Environmental Management 401 Certification
for Mr. A. D. Ward and Others (DEM ID# 93223), Trent
River, Craven County, North Carolina.
Biologists from our staff have reviewed the subject
application and conducted a site investigation on April 1, 1993
to assess project impacts on wildlife and fisheries resources.
This correspondence is provided in accordance with provisions of
the Fish and Wildlife Coordination Act (48 Stat. 401, as amended;
16 U.S.C. 661 et seq.) and North Carolina General Statutes (G.S.
113-131 et seq.).
The applicant is requesting authorization to impact 0.5
acres of vegetated wetland, involving permanent fill on 0.4
acres, in order to access upland area for residential
development. Wetlands proposed to be impacted are forested in
loblolly pine, red maple and sweetgum with wax myrtle and
groundsel tree as dominant understory plants. Site wildlife
values inherently present are the transitional plant communities
along the gradient from uplands to adjacent riparian marsh.
Although the subject permit application addresses only the
initial scope of the project, outlined development plans will
impact a significant amount of wetlands. It is anticipated that
construction of an access road will be used to justify further
development and consequent adverse impacts to wetlands of an
unacceptable magnitude under the current development proposal.
We recognize that continued development may be authorized under
subsequent nationwide and other minor fill permits. Therefore,
I
it is our recommendation that the project be evaluated according
to the cumulative effects of the proposed development plan.
The amount of fill required for building foundations and
individual property accesses, plus the resulting impervious
surfaces generated will result in a appreciable reduction in
wetland water filtering capacity and a corresponding degradation
of surface and groundwater quality, indirectly impacting
fisheries resources. Our evaluation finds the proposal
inconsistent with our policies and guidelines for conservation
and protection of wetlands and aquatic habitats. Based upon our
site investigation and information provided in the permit
application, it is our recommendation that the requested water
quality certification not be issued for the project. Substantial
project modification involving in-kind mitigation in the same
locale to offset losses and larger lot size restriction to
minimize unavoidable impacts are considerations under which we
may provide a favorable project review.
Thank you for the opportunity to review and comment on this
project. If you require additional information or need to
discuss these comments, please call Mr. Brent Wilson, Wildlife
Biologist at [phone].
CC: Honorable Roy Gerodd Sowers, III, Dist. 2 Commissioner
Brent Wilson, Wildlife Biologist