19930381 Ver 1_COMPLETE FILE_19930610

State of North Carolina
Department of Environment, M1.9MA,
Health and Natural Resources 4
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, , Secretary
p F= H N F 1
A. Preston Howard, Jr., P, E., Director
May 12, 1993
A.J. Tyson
38 Wrightsville Village
Wilmington, N.C. 28403
Dear Mr. Tyson:
Subject: Proposed fill in Wetlands or Waters
Road crossing to farm property
Pender County
DEM Project # 93381
Upon review of your request for 401 Water Quality Certification to place fill material in
0.037 acres of wetlands or waters which are tributary to Merricks Creek for road crossing
located at Hwy 210 in Pender County, as described in your submittal dated 10 May, 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.
If you have any questions, please contact John Dorney at 919-733-1786
Sincerely,
A. Preston Howard, Jr. P.E.
93381.Itr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington 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

NOTIFICATION FORM
INFORMATION SHEET
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
A. NOTIFICATION TO THE CORPS OF ENGINEERS DISTRICT ENGINEER. (REFER TO
ITEM B. BELOW FOR DIVISION OF ENVIRONMENTAL MANAGEMENT APPLICATION RE-
QUIREMENTS AND SPECIFICALLY NOTE NWP 26 DIFFERENCE.)
Certain nationwide permits require notification to the Corps of Engineers before work can proceed. They are as follows:
NWP 5 (only for discharges of 10 to 25 cubic yards)
NWP 7
NWP 13 (only for stabilization activities in excess of 500 feet in length or greater than an average of one cubic yard
per n1uning foot)
only for fills in special aquatic sites, including wetlands, and must include a delineation of affected special
?C'4sites)
NWP 17
NWP 18 (required when discharge exceeds 10 cubic yards or the discharge is in a special aquatic site and must include
a delineation of the affected special aquatic site, including wetlands)
NWP 21 (must include a delineation of affected special aquatic sites, including wetlands)
NWP 26 (only for greater than 1 acre total impacts and must include a delineation of affected special aquatic sites,
including wetlands)
NWP 33 (must include a restoration plan of reasonable measures to avoid and minimize impacts to aquatic resources)
NWP 37
NWP 38 (must include a delineation of affected special aquatic sites, including wetlands)
For activities that may be authorized by the above listed nationwide permits that require notification, the
applicant shall not begin work
a. Until notified that the work may proceed under the nationwide permit with any special conditions imposed by
the District Engineer, or
b. If notified that an individual permit may be required, or
c. Unless 30 days (calendar) have passed from the time a complete notification is received by the District Engineer
and no notice has been received from the District Engineer, and required state approvals have been obtained.
Required state approvals include: 1) a Section 401 water quality certification if authorization is requested for a
discharge of dredged or fill material, and 2) an approved coastal zone management consistency determination if
the activity will affect the coastal area.
Use of NWP 12 also requires notification to the District Engineer, but work may not begin until written
concurrence is received from the District Engineer. The time periods described above do not apply.
Furthermore, 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 form, do not apply.
B. APPLICATION TO DEM FOR NATIONWIDE PERMIT SECTION 401 CERTIFICATION.
Certain nationwide permits require an application to DEM in order to obtain Section 401 water quality certification.
They are NWP 6, 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 require no application. They are NWP 3, NWP 4,
NWP 5, NWP 7, NWP 20, NWP 22, NWP 23 (requires notification to DEM), NWP 25, NWP 27, NWP 32, NWP 36,
and NWP 37.
The following nationwide permits were issued general certifications for only limited activities: NWP 13 (for projects
less than 500 feet in length), NWP 14 (for projects that impact waters only), NWP 18 (for projects with less than 10
cubic yards of fill in waters only), 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 require application for Section 401 water quality certifications.
C. NOTIFICATION/APPLICATION PROCEDURES.
The attached form should be used to obtain approval from the Corps of Engineers and/or the N.C. Division of
Environmental Management as specified above. The permittee should make sure that all necessary information is
provided in order to avoid delays. One copy of the completed form is required by the Corps of Engineers and seven
copies are required by DEM. Plans and maps must be on 8 1/2 x 11 inch paper.
Endangered species requirement: For Corps of Engineers notifications only, applicants must notify the U.S. Fish and
Wildlife Service and/or the National Marine Fisheries Service regarding the presence of endangered species that may
Va,51e ted b y the proposed project.
S. FISH AND WILDLIFE SERVICE NATIONAL MARINE FISHERIES SERVICE '?
RALEIGH FIELD OFFICE HABITAT CONSERVATION DIVISION P 6
?p ?.9. Box 33726 Pivers Island P I?
01raleigh, NC 27636-3726 Beauforc, NC 28516 4?
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Telephone [phone] DlepbnneX919178-5090
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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 PRESERVATION OFFICE
N.C. DIVISION OF ARCHIVES AND HISTORY
G 109 East Jones Street
t Raleigh, NC 27601
Telepho 19 -4763 0 AJ
Information obtained from these agencies should be forwarded to the Corps. 4)t v- `3

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DEM ID: ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #):
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Sfc
1401 cer ific ion
I'?1 c k? S? t'1_ - 7 A} hh //yy??WILMINGTON MTRIC t ENGINEER WATER QALAfL CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL M
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONME U
P.O. Box 1890 AND NATURAL RESOURCES
Wilmington, NC 28402-1890 P.O. Bor. 29535 0 1993
ATTN: CESAW-CO-E Raleigh, NC 27626-0535 MAY 1
Telephone [phone] ATTN: MR. JOHN DORNEY
Telephone [phone] ...?_ 3? W f(LANDS GROUP
ITY SECTI01
PKE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SeN4 TO THE C
VSEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name:
2. Owners Addres:
3. Owners Phone Number (Home): ?/`/ Q r- / 9 (Work): 9/9", ?? cry
4. If Applicable: Agent's nan)e or responsible corporate official, address, phone number:
? a3
5. Location of work (MUST ATTACH MAP). County: r' 1V I? IzNearest Town or City. L Lea &I
Specific Location (Include road numbers, landmarks, etc.): al'IyAL, 216-F t OkJ!Q C I?
Z:7E t k
e
6. Name of Closest Stream/River: l (I f K 16 ,'r k- C k- ` /,1- l ` 1V 7 " 2-
7. River Basin:f
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS H? YES [ ] NO
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO K
If yes, explain.
L
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: _ ° Q 1 C /2 'e S
- 7---
Drained:
Flooded:
Excavated:
Total Impacted:
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): ?e , be L 6 ky
13. Purpose of proposed
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts.
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Ser?tce
(NMFS) regarding the presence or 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. Have you done so? YES [K] NO [ ]
16. You 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 k] NO [ ]
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 i let
B. If available, representative photograph of wetlands to be impacted by project. 1U o j
C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the /J o
delineation line.
D. If a stormwater management plan is required for this ject, attach
E. What is land use of surrounding property? 'C 'Cr
X-If applicable, what is 1roposed method of sewage d°-zposal?
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O er's ature Date
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.