19930390 Ver 1_COMPLETE FILE_19930517

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO June 17, 1993
Regulatory Branch
Action ID. 199302417 and Nationwide Permit No. 26 (Headwater?rsf ? - ted
Waters)
jJ ` ` '
a?
Mr. James Arnold Chestnut
P.O. Box 646
Princeton, North Carolina 27569 tTL.? ?a 0? 4? f
UALI?Y SECTIG?.?,,.
Dear Mr. Chestnut : VYATER
Reference your application of April 5, 1993, for Department of the Army
authorization to discharge fill material within waters of the United States,
impacting 4.5 acres of wetlands adjacent to, and above the headwaters of, an
unnamed tributary to the Moccasin Creek, for construction of a dam and pond on
your property east of S.R. 2372 (2428 Massey-Holt Road), one mile south of
Princeton, Johnston 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 into headwaters and isolated
waters.
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 other
required State or local approval.
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 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.
11 A
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Please note that this authorization is valid for this project only, and
impacts of subsequent projects would have to be considered cumulatively with
these. Questions or comments may be addressed to Mr. Eric Alsmeyer, Raleigh
Regulatory Field Office, at telephone [phone], extension 23.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
Mr. Jeff Coutu
Johnston County Planning and
Inspections Department
Post Office Box 1052
Smithfield, North Carolina 27577-4194
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
State of North Carolina
Department of Environment,
Health and Natural Resources XF!?*FAA 0
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, , Secretary
[D E H N F1
A. Preston Howard, Jr., P.E., Director
June 9, 1993
Mr. James A. Chestnut
Post Office Box 646
Princeton, N.C. 27569
Dear Mr. Chestnut:
Subject: Proposed fill in Wetlands or Waters
Pond creation
Johnston County
DEM Project # 93390
Upon review of your request for 401 Water Quality Certification to place fill material in
1.5 acres of wetlands or waters which are tributary to Moccasin Creek for pond creation for a
4 1/2 acre pond located at 2428 Massey-Holt Road in Johnston County, as described in your
submittal dated 17 May, 1993, we have determined that the proposed fill can be covered by
General Water Quality Certification No. 2671 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.
If you have any questions, please contact John Dorney at 919-733-1786.
Sincerely,
4.eston oward, Jr .E.
93390.Itr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh Regional Office
Mr. John Dorney
Central Files
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

MEMORANDUM PRINT NAMES:
Reviewer: L fZ
TO: John Dorney WQ Supv.: _
Planning Branch DATE : ` Z8
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE)
PERMIT YR: 93 PERMIT NO: 0000390 COUNTY: JOHNSTON
APPLICANT NAME: JAMES ARNOLD CHESTNUT
?rTYPE: POND PERMIT_TYPE: M426
PROJECT
COE # : DOT_# :
RCD_FROM_CDA: APP DATE_FRM_CDA: 05/17/93
REG_OFFICE: RR.O RIVER_AND_SUB-BASIN__#: ?rairta9?7? /loccasn (5-
-k-STREAM-CLASS: W S-7N7 &W

WL_IMPACT?:ON
WL_REOUESTED : I'IZ- dGM
WL_.SCORE (#) : L.ow (See sel"
HYDRO_CNECT?: ON
MITIGATION_'I'YPE:,114
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STR__INDEX_NO: Z-7 M 573.62/
WL_TYPE : J?i? D. GU J
WL_ACR-EST"? : 6?IN?max?
WATER IMPACTED BY FILL?: O ? ??Q"'¢/ ?I ?
MITIGATION'? : Y?D
M I T I GAT I ON--S I Z E :Xld
IS WETLAND RATING SHEET ATTACHED? : Y©
RECOMMENDATION (Circle One): SU ISSUE/COND DENY
COMMENTS: ?ere__ Jr?_ c?' Gcrr?1 _ .l nle . r/ /
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cc: Regional Office
Central Files
JUN - 1
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IN9ORMATION &HEET
NATIoNWILE PERMITS THAT REQUYRE "PLICATION,
NOTIFICATION TO THE CORPS of ENGINE°-R
A. ??? O''iISIq)t; OF EN"J'IRON:•:F '
ITEM B. BELOW Y1 1-R
REQJIREMENTS
ti f -.
Certain nation.=.d' T=:ni?:s r':: as fo'w:
before work car 6-^-C;16. NW? $ (only for cicC),a1011 t o
ct?aP??
TO THE CORPS OF ENGINEERS
FGA SECTION 401 CERTIFICATION
CT FNGINZZR. (PFF R TO
?14FNT APPI-1CAT' Ot!

,p 13 (only far stabiliz,tic =ivitias ii. excess of $00 fart length
or grea+:er than an averacle of o"e cuhiC rut:nirtr r-c)t)
NWF ld (only for fL11a in special aqua_i•c 6 _res, inciudiny :atlands, ar•,d
must include a de/ire3tio.i of a:fectect sle::al ac;:tztic Sites)
NW? lg (yzqu1r2d when discharge exceeds3 3.0 cubic yard> or the discharge is
in a special aquatic Oita and must i 371'"tiA S delineatian o: the a`..ected
Special aquatic te., including wetlan,3sz ,
NWF 21 (Rust include a delineation of affected special aquatic rites,
including wetlands)
N? (only for ,,*ator than 1 sore tota impacts anal must include a
delineation of affected special aquatic sites, Lnoluding wRtlahcls)
1QWP 33 (trust includs restoration =1ari of reaeanable sreasurws to avoid
and minimize impact: t3 aquatic reacurr,es)
NwP 37
d
t., n'?,Yt6 rl Gc.: irh A!'i^,n 0 $i i2: t2:t gn
NWP 38 (,Yra„t c-i} e'?quat!;. sit.e'3,
..
incladin?) wetlands)
For activities that may be authoelted tY the above '_i•tod nationwide permits;
that require notification, the applicant ehal) not begin work
Until .notified the: tA.e work may proceed unde_• the
a.
with any Qpeeisl conditions imposed by th,= District Engineer, or
b. If notified that an individual Pern t may be required, or
o. Unless 30 days (ca '-ender) have passed from the time a complete
fi ati P is race°ved by the District Engineer and no notice has b2wn
ved Eros the District Ercinoer, asd rreq uired state baan
xecei ;!noe ins e;
tor _
obtained. Rdgl?ired state app-ovals a ect _i?r 4._ ws`alii?
if saLh^ri2a=-on is roq%:v2t2Cl for a ei__hsecs8 of dred;,?^u or fill
certification .
? ..?;•gr: C^d6tAl :.::? ?-.,;n26?al2n? ....:SC ..
?.J 'ui•??:riGt:;3? `_Oli
material, and 2) a:; are a?? t
if t}:e acHvi.r.v
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Use of *WP 12 also requires notification to the District Engineer, but work
wAy not begin until written concurrenoo is received from the District
Engineer. • The time periods described above do not apply. Furthormore,
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 sorm, do not apply.
S. APPLICATION TO DEM FOR NATIONWIDE PEILMIT SECTION 401 CERTIFICATION.
Certain nationwide permits require an application to DI:N in nvder to obtain
Section 401 water quality certification. They are NWP E, 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 raquire 1-10
application. They are NWP 3, NWP 4, NWP 5, 141P 7, NWP 20, NWP 22, NWP 23
(requires notification to DEM), NWP 25, NV:P 27, NWP 32, N+•P 36, and NW2 37.
The following nationwide permits were issued genera! certifications for only
limited activities: • NWP 13 (for projects less than. 500 feet in length), NWP
14 (for projects ti:at impact waters only ar:d are subject to SEPA or NEPA), NWP
18 (for projects with leas than 10 cubic yarns of fill in waters or wetlands.),
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 reg ire
applicatioa for Section 401 water quality certifications.
0. NOT=FICATION/APPLICATION PROCEDURES.
The attached form should be used to obtain approval from the Corps of
Ungineers and/or the N.C. Division of Environmental Management as specified
above. The applicant should make sure that all necessary information is
provided in order to avoid dolays. One copy of the completed form is required
by the Corps of Engineers and seven copies are required by DEM. Plane and
maps must be on 8 112 r. 11 inch paper.
,Andangersd species requirements For Corps of Engineers notifications only,
k ?,applieant• must notify the U.S. Fish and Wildlife Service and/or this National
,Marine Fisheries Service rwgarding the presence of ondrn *red 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 [phone]
NATIONAL MA- INN FISHERIES SERVICE
HABITAT CONSERVRTION DIVISION
PIVERS ISLAND
ScAUFORT, NC 28516
Telephone [phone]
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 HISTORIC Pr"t-SER.VATION OFFICE
N.C. DIVISION OF ARCHIVES AND HISTORY
109 EAST JONES STREET
RALEIGH, NC 27601 Telephone [phone]
Information obtained from these agencies rhould be forwarded to the Corps.
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