19930716 Ver 1_Complete File_19930313

DEPARTM ENT-OF THE ARMY ;
WILMINGTON DISTFiI 7 dbR -? OF'-ENGINEERS
P. 1890
WILMINGTON, N WAROLINA 28402-1890
Septe 30,' 1993
IN HtF'LY HtftH IU
Regulatory Branch
?,-
Action ID. 199304374 and Nationwide Permit No. 10-, (Headwaters and Isolated
Waters)
Mr. Dale and Ms. Laura Bevell
Gary Bevell
488 US 13 South
Goldsboro, North Carolina 27530
Dear Mrs. and Ms. Bevell:
Reference your application of August 25, 1993, for Department of the
Army authorization to construct a dam, impounding approximately 2 acres, and
impacting approximately es of wetlands above the headwaters of an
unnamed tributary to the Neuse River. The proposed dam will be approximately
120 feet long, 12 feet high, with an 8-foot-wide crest width, and a
4-foot horizontal to 1-foot vertical slope. The proposed project is
located off SR 1220, near Goldsboro, We 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
(NWP). Authorization was provided, pursuant to Section 404 of the Clean
Water Act, for discharges of dredged or fill material into headwaters and
isolated waters provided:
a. The discharge does not cause the loss of more than 10 acres of
waters of the United States;
b. the permittee notifies the District Engineer if the discharge would
cause the loss of waters of the United States greater than one acre in
accordance with the "Notification" general condition. For discharges in
special aquatic sites, including wetlands, the notification must also
include a delineation of affected specific aquatic sites, including
wetlands; and
c. the discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project.
Your work is authorized by this NWP provided it is accomplished in
strict accordance with the enclosed conditions. This NWP does not relieve
you of the responsibility to obtain any required State or local approval.

-2-
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, 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 discussed, you should contact the following State agency to obtain
the required State authorizations prior to starting work: Mr. John Dorney,
North Carolina Division of Environmental Management, telephone (919)
733-1786.
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
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 29535
Raleigh, North Carolina 27626-0535
Mr. Joe Allen
Ordinance Enforcement Officer
Wayne County Planning Department
115 South William Street
Box 227
Goldsboro, North Carolina 27533
Mrs. Deborah Sawyer
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
1424 Carolina Avenue
Washington, North Carolina 27889
State of North Carolina
Department of Environment,
Redlth and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
October 12, 1993
Mr. and Ms. Dale and Gary Bevell
297 Providence Church Road
Goldsboro, N.C. 27530
Dear Mr. and Ms. Bevell:
A IF
'VA
4q
WOO&
C) EHNR
Subject: Proposed fill in Wetlands or Waters
Pond construction for livestock
Wayne County
DEM. Project # 93716
Upon review of your request for 401 Water Quality Certification
to place fill material in 1.6 acres of wetlands or waters which are
tributary to Neuse River for pond construction located at your
property in Wayne County as described in your submittal dated 27
August 1993, we have determined that the proposed fill can be covered
by General Water Quality Certification No. 2671. 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 this Certification is unacceptable to you, you have the right
to an adjudicatory hearing upon written request within thirty (30)
days following receipt of this Certification. This request must be in
the form of a written petition conforming to Chapter 150B of the North
Carolina General Statutes and filed with.the Office of Administrative
Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. Unless such
demands are made, this Certification shall be final and binding.
1786.
If you have any questions, please contact John Dorney at 919-733-
Sincerely,
D'1r
eAbn oward 0jr. P. E.
93716.1tr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DEM 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
DEM ID: illk 1! ?_ ACTION ID:
Nationwide Pernd: uested (Provide Nationwide Permit ft -Zfo
JOINT FORM FOR
R
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL -? nn
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONM I t1
P.O. Box 1890 AND NATURAL RESOURCES 4
Wilmington, NC 28402-1890 P.O. Boy. 29535
2 7 1993
ATTN: CESAW-CO-E Raleigh, NC 27626-0535 71'.1
Telephone [phone] ATTN: MR. JOHN DORNEY
Telephone [phone] _
ON
E (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CO?IItPS OF ENGINEERS. `
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: (1-4-e wA a,,/ ?-?/ry 31EV11ii1-L
2. Owners Address: .. 9P 4?io? ,??e.? cep CA ,-4;A )f d, I1/6 . I- P S?o
3. Owners Phone Number (Home): ??S - ?3 -- d yy6 (Work): 9? ?`! - ?? `? - 3 5 r8
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
5. Location of work (MUST ATTACH MAP). County: IN 1*Yf,.X
Nearest Town or City: Got. W d'0 90
Specific Location (Include road numbers, landmarks, etc.): S4 12-2-0 1,qf 460-e
6. Name of Closest Stream/River: TR 1-a
7. River Basin: 111E I/S r
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS IP YES [ ] NO 1" (
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
Y / c-.,- 1
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: • /0 .-e
Drained: d
Flooded: Yz
Excavated:
Total Impacted: ?. .?z le
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