19940171 Ver 1_COMPLETE FILE_19940228

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APPLICANT NAME: GENE P MC-IL,WFAN
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State of North Carolina
Department of Environment, A1VA1
Health and Natural Resources • •
Division of Environmental Management
James B. Hunt, Jr., Governor p H N F4
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P,E„ Director
March 27, 1994
Mr. George McIlwean
1025 Washington Post Road
New Bern, N.C. 28562
Dear Mr. McIlweam:
Subject: Proposed fill in Wetlands or Waters
Irrigation pond construction
Craven County
DEM Project #94268, COE #199401691
We have reviewed your request for 401 Water Quality Certification
to place fill material in 0.10 acres of wetlands or waters which are
tributary to Bachelor Creek for irrigation pond constrution located at
your property off of NC 43 in Craven County as described in your
submittal dated 22 March 1994. Based on this review, we have
determined that the proposed fill is covered by General Water Quality
Certification No. 2732. A copy of the General Certification is
attached. This Certification is necessary for coverage under Corps of
Engineers' Nationwide Permit No. 18. This action completes DEM's
review under Section 401 of the Clean Water Act.
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,
A? reston Howa Jr. P . E..
1
I
94268.1t.r.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional Office
Mr. John Dor_ney
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 5096 recycled/ 1096 post-consumer paper
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890 1
WILMINGTON, NORTH CAROLINA 28402-1890
March 18, 1994
IN REPLY REFER TO
Regulatory Branch
Issu,
Action ID. 199401691 and Nationwide Permit No. 18 (Minor DischargEk,01)
Mr. George McIlwean
1025 Washington Post Road
New Bern, North Carolina 28562
Dear Mr. McIlwean:
Reference your application dated February 22, 1994, for Department of the
Army authorization to excavate a 0.10-acre irrigation pond within wetlands
adjacent to Bachelor Creek, on your property located off NC 43, approximately
one mile northwest of New Bern, Craven County, North Carolina. The pond will
be approximately 40 feet wide by 108 feet long, with excavated material placed
behind a retaining wall located above the ordinary high water elevation of
Bachelor Creek.
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, pursuant to Section 10 of the Rivers and Harbors Act and
Section 404 of the Clean Water Act, was provided for discharges of dredged or
fill material into all waters of the United States provided:
a. The discharge does not exceed 25 cubic yards;
b. The discharge will not cause the loss of more than 1/10 acre of a
special aquatic site, including wetlands. For the purposes of this NWP, the
acreage limitation includes the filled area plus special aquatic sites that
are adversely affected by flooding and special aquatic sites that are drained
so that they would no longer be a water of the United States as a result of
the project;
C. If the discharge exceeds 10 cubic yards or the discharge is in a
special aquatic site, including wetlands, the permittee notifies the District
Engineer in accordance with the "Notification" general condition. For
discharges in special aquatic sites, including wetlands, the notification must
also include a delineation of affected special aquatic sites, including
wetlands' and;
d. The discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project and is not placed for the
purpose of stream diversion.
-2-
Your work, the excavation of a 108-foot by 40-foot pond in wetlands
adjacent to Bachelor Creek, 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.
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 agencies to obtain
the required State authorizations prior to starting work: r. John Dorney,
North Carolina ion of Environmental Management, telephon (919) 733-17C1nd 8
Mr. Steve Benton, North1Ca?olina Division of Coastal Management, telephone
. ? „(
9 ) 733 - 2293
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]. ,tom
uc
Sincerely,
e 4o,rr ie , Ry Branch
h

,ate,„ (0- '
Enclosure

-3-
Copies Furnished (without enclosure):
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. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
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 28557
Mr. Joe Squires
Craven County Building Code Administrator
Post Office Drawer R
New Bern, North Carolina 28563
Mrs. Deborah Sawyer
Division of Environmental
North Carolina Department
Environment, Health and
Natural Resources
1424 Carolina Avenue
Washington, North Carolina
Management
of
27889
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Roger N. Schecter, Director ILF6?FA
Jonathan B. Howes, Secretary
401 ISSUE ••
1
R
March 7, 1994`
Gene McIlwean
1025 Washington Post Rd.
New Bern, NC 28562
RE: COE ID# 199401691, Nationwide Permit Application for an
activity located in Craven County.
Dear Mr. McIlwean:
The North Carolina Division of Coastal Management has reviewed the
above referenced application for a Nationwide Permit dated February
22, 1994 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 inconsis-
tent 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], Ext. 263, if you have any questions
or need further assistance.
Sincerely,
S,
Charles S. J
District Manager pm O re*
cc: Preston P. Pate, Jr. Steve Benton, Consistency Coordinator
Wilmington District Engineer; ATTN: CESAW-CO-E
John Dorney, DEM/Raleigh
P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier 111-12-09
Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
DEM ID: C 111 C'?- (" 2 l ) 44) 1.-1;a44. i ON ID:
Nationwide Permit Requested (Provide Nationwide Permit #) : I
JOINT FORM FOR
Nationwide permits that require notification to the Corps of 1
Nationwide permits that require application for Section 401 ce
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL
NC DEPARTMENT OF ENVIROM
AND NATURAL RESOURCES
P.O. Box 29535
Raleigh, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone]
cli) ?i
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 Name: GENE A /" 1 C3; L YZF-AN
2. Owners Address: ID, 9r WASH/NOTON /0057- RD. NE Gt/ g N, /V, C, 2f 5 6 ,z
3. Owners Phone Number (Home): 9 / cl - C 9 7 - V-,26 l (Work):
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
5. Location of work (MUST ATTACH MAP). County: CAMIEW - MJ W Of 10ZW1"7bA1 role DN 5e /440/
Nearest Town or City: SITE / MI NW 67-Y ?j/y/ T5-,
Specific Location (Include road numbers, landmarks, etc.): S /TE IS t-reATr D Agra7- &Coo F7- NE OF
AT 91-kAIR iti fNE Oc'EC'H G,ArrL` [DMMb,v?rv / /Y//-, f- Az-*l
6. Name of Closest Stream/River: 4OR C gE-,E7 r
7. River Basin: l1/EwSE
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES (] NO [t--r
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO [V
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
. 115-0 Rgeg 5-
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled:
Drained:
Flooded:
Excavated: 3 5 ( SD. FT,
Total Impacted: W:15-6 -S0. Fr L
lr4',g 42
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only)- , ? R, L -' PLA o) // yp rT, W'P
STRIP /0,9r-7 ALDIV6 THE Goo TN EDP nc TRe BACNELOR 0FEE/C F.CCoo A-AlAl 4&14 W1Lr- RE EXeRbpTED
TO # D EP a Q- APP VJ grE L U I DfZ NO aMOUPrU )9AVA y F&X 7H aI? 4,9#0 A&,q A}NO Ate &7A N" PY A RETAIN/ Wf 4 !?
q /-1.
13. Purpose of proposed work: rRle/7 .I eP IGATIOn/ eoAIL)
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. TO l'RFAr t1OC t- of Hob-TE1 ON M L rr ST YIVVUNT
OF /V19-r 'R/HL. INob6D • 1SI-EE4 TNpr TH16 517N A, ' CN0 iN TN6 WC7AAAIR WILL tNNFNc? THE SN ouNO/N6 CN(//D MtrrrroR f/SI/RNO WR7f
I'o u
kcl!fcil?ea %= r# 447-4)9.4yy 4&g 4W A,?i7rAjy1A1& f.G At AMIZX
1 N TNE, sPoI L FRO /'1 E ET I- I /M/ZE G i
S. Fish and W- ihfe ervi 7 SFWS) and/or National Marine Fisheries Service
15. You are requked to contact the Lff
(NMFS) regarding the presence or any Federally listed or proposed for listing endangered or threatened specie or critical
]
habitat in the permit area that may be affected by the proposed project. Have you done so? YES [ NO[
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence f historic
properties in the permit area which may be affected by the proposed project? Have you done so? YES [W 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. 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? /=AV1-1 1-19AID
R If applicable, what is proposed method of sewage disposal? -,

Signature Date
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I'
TMENT OF THE ARMY
4.QI?TRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
March 18, 1994
IN REPLY REFER TO
Regulatory Branch
Action ID. 199401691 and Nationwide Permit No. 18 (Minor Discharges)
Mr. George McIlwean
1025 Washington Post Road
New Bern, North Carolina 28562
Dear Mr. McIlwean:
Reference your application dated February 22, 1994, for Department of the
Army authorization to excavate a 0.10-acre irrigation pond within wetlands
adjacent to Bachelor Creek, on your property located off NC 43, approximately
one mile northwest of New Bern, Craven County, North Carolina. The pond will
be approximately 40 feet wide by 108 feet long, with excavated material placed
behind a retaining wall located above the ordinary high water elevation of
Bachelor Creek.
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, pursuant to Section 10 of the Rivers and Harbors Act and
Section 404 of the Clean Water Act, was provided for discharges of dredged or
fill material into all waters of the United States provided:
a. The discharge does not exceed 25 cubic yards;
b. The discharge will not cause the loss of more than 1/10 acre of a
special aquatic site, including wetlands. For the purposes of this NWP, the
acreage limitation includes the filled area plus special aquatic sites that
are adversely affected by flooding and special aquatic sites that are drained
so that they would no longer be a water of the United States as a result of
the project;
C. If the discharge exceeds 10 cubic yards or the discharge is in a
special aquatic site, including wetlands, the permittee notifies the District
Engineer in accordance with the "Notification" general condition. For
discharges in special aquatic sites, including wetlands, the notification must
also include a delineation of affected special aquatic sites, including
wetlands' and;
d. The discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project and is not placed for the
purpose of stream diversion.

-2-
Your work, the excavation of a 108-foot by 40-foot pond in wetlands
adjacent to Bachelor Creek, 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.
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 agencies to obtain
the required State authorizations prior to starting work: ?Ir. John Dorney,
North Carolina Di ' ion of Environmental Management, telephoj)and n (919} 733-1786:'
r. Steve Benton, North arolina Division of Coastal Management, telephone
7 33 - 2 2 93
. "r k/ uUl (?%Yn?v?
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]r
?'lac
Sincerely,
e 4ocra ie , Rry Branch
h
evlab"f y
&V"?, a&
Enclosure
. , t
-3-
Copies Furnished (without enclosure):
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. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
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 28557
Mr. Joe Squires
Craven County Building Code Administrator
Post Office Drawer R
New Bern, North Carolina 28563
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,
Health and Natural Resources
Division of Coastal Management
James B, Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
401 ISSUE Y'.KWA
DEHNR
March 7, 1994

Gene McIlwean
1025 Washington Post Rd.
New Bern, NC 28562
RE: COE ID# 199401691, Nationwide Permit Application for an
activity located in Craven County.
Dear Mr. McIlwean:
The North Carolina Division of Coastal Management has reviewed the
above referenced application for a Nationwide Permit dated February
22, 1994 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 inconsis-
tent 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], Ext. 263, if you have any questions
or need further assistance.
Sincerely,
S.
Charles S. J ?l
District Manager . '4r 1 G mg*
cc: Preston P. Pate, Jr. ^V oL}}]
Steve Benton, Consistency Coordinator
Wilmington District Engineer; ATTN: CESAW-CO-E
John Dorney, DEM/Raleigh
P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier #11-12-09
Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 60% recycled/ 10% post-consumer paper
. K ..-9
DEM ID: C (I -)_ (-O 0 40, I S-SU EAMON ID:
Nationwide Permit Requested (Provide Nationwide Permit ft I S
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. Box 29535
Raleigh, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone]
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 Name: GENE A O CT .L WEAN
2. Owners Address: 4&? 5' WASHi/NOTON POST RD. IVE W PERM, /V. C, c28`6-6 g
3. Owners Phone Number (Home): / cl - rw 37 - Z2 6 / (Work):
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
5. Location of work (MUST ATTACH MAP). County: CkOA1/EA/ - ? / 2 7 W OF N1W/11,X7oe/ Fa le 6N S&O 144 0
Nearest Town or City: .S'!TE / M ? N W e JYi5&,A_ KAI . N.C. 67-y j,!47i T !?
Specific Locations/ (Include road numbers, landmarks, etc.): 5 IT-,- If I-.oeAT?D ABOUT 3000 FT- N6 OF
SlQ l Ol (N.C'. /a wA6?3TAr ?LLAlR /,V rNE SgTeN G,A?YI.R e-Z1MM&W17-X / M/4f_ N/T/
DF r&4 NS ur arbl 0/ T/ 4/di rS
6. Name of Closest Stream/River: GOR 01?EE/l
7. River Basin: lVE-USE
8. Is this project located in a watershed classed as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO [1-T,
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO [P--
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
. /,?-o ReRJ s
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled:
Drained:
Flooded:
Excavated: 3 G SD FTR
Total Impacted: g,13-6 S p . FT,
r
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only)- A'rArHey PLR o2R i/O l7 w?oE
-TRIP log r-r &o/yr. THE cDUTH EPEE of Tf/E RACHE6ok c'REEK tagoo P-AAlA/ AREA WJI-L RR EYCRYATEP
7 SY A ?PETA/N/N6 t?H? j
'o A- prjO &k 6P' APP&Yflg EL ?J 1 D Fr ANO giMnU U A/b',4?y F,PCH THE uJET NANO h&,9 &a Rey PE?AINro
13. Purpose of proposed work: /=4&1'7 ZeR 19.4 T10N Pr?niy
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. To ,cc L- of r?TER oN Aen rOR ZRRI6AT?oN w/TN T/fE Lei T gA?ou/?T
pF /NATMAl. MOVED . .TPE9` TN/DT TN16 5/7RAL PIMP iN THE WErMANQ WlkL tNHHNcr_ TNB SNK?ouNO/N6 rNV/oKPf f"oR F1ffNNP WN7F CAI
- lG <L /O/w
F_ 1 N rHE SPo"?- FRO /I E tTandWildli ?- pfe e rvice 7-V A( i /M/XE G.
S You are requined to contact the .S.Fish SFWS) and/or National Marine Fzsheries Service
(NMFS) regarding the presence or any Federally listed or proposed for listing endangered or threatened specie or critical
]
habitat in the permit area that may be affected by the proposed project. Have you done so? YES [L NO[
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence f historic
properties in the permit area which may be affected by the proposed project? Have you done so? YES [W. 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. 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?. F"17 L19A/0
F. If applicable, what is proposed method of sewage disposal? --9- -&el-
9 s Signature Date
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State of North Carolina
Department of Environment,
Health and Natural Resources A '.
Division of Environmental Management -?I
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary E H N
A. Preston Howard, Jr., P.E., Director
April 22, 1994
Mr. Gene P. McIlwean
1025 Washington Post Rd.
New Bern, N.C. 28562
Dear Mr. McIlwean:
Subject: Proposed fill in Wetlands or Waters
Irrigation pond creation
Craven County
DEM Project #94171
We have reviewed your request for 401 Water Quality Certification
to place fill material in 0.1 acres of wetlands or waters which are
tributary to Bachelor Creek for irrigation pond creation located at SR
1401 in Craven County as described in your submittal dated 28 February
1994. Based on this review, we have determined that the proposed fill
is covered by General Water Quality Certification No. 2733. A copy of
the General Certification is attached. This Certification is
necessary for coverage under Corps of Engineers' Nationwide Permit No.
18. This action completes DEM's review under Section 401 of the Clean
Water Act.
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,
?, reston Howard, r. P.E.
1
,; (1
,I
94171 . 1_tr
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
Af'k-21-1994 1=321 FROH EHIR WHc-H REG OFFICE TO 191JJU H.1u

MEMORANDUM PRINT NAMES:
Reviewer:
TO: John Dorne;r WO Supv.:
Planning Branch DATE:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST 13E ANSWERED (USE N/A FOR NOT APPLICABLE) ***
PERMIT YR: 94 PERMIT NO: 0000171 COUN'T'Y: CRAVEN
APPLI CANT NAME : GENE P MC I LWEAN
PROJECT-TYPE: AGRICULTURAL FILL PERMIT--TYPE: NW18
COE__# : DOT #
RCD_FROM_CDA: APP DATE-FRNLCDA: 02/28/94
E(; _ _OFFz cE: WAT?O _ F
R IVE _AND_SUB_);ASIN-# : STR_INDEX_NO:
STR ;AM-CLASS :
WL-IMPACT?: ON WL TYPE:
WL_REQUESTED: 'l fir' WL-ACR_EST?• YIN
WL_SCORE(#): WATER IMPACTED BY FILL?: YIN
MITIGATION?: YIN MITIGATION TYPE:
MITIGATION-SIZE; DID YOU REOUEST MORE INFO?: Y/N
IS WETLAND RATrNG SHEET ATTACHED?: YIN
RECOMMENDATION (Circle One): SSU ISSUE/COND DENY
COMMENTS:
- / - - '? O
3 ! 2.4 A_ 5
cc: Regional Office
Central Files
F_ 4-1
RFCEfVF'D
44'AsH NGTON OGFtCE
G 4

J
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
AILTX.A?FA
agwi???
C) F= F1
-•
March 7, 1994
W9
Gene McIlwean
1025 Washington Post Rd. V???T4 F>?4?_I l`l
New Bern, NC 28562 PLANNING BRANCH
RE: COE ID# 199401691, Nationwide Permit Application for an
activity located in craven county.
Dear Mr. McIlwean:
The North Carolina Division of Coastal Management has reviewed the
above referenced application for a Nationwide Permit dated February
22, 1994 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 inconsis-
tent 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], Ext. 263, if you have any questions
or need further assistance.
Sincerely,
S.
Charles S. J
District Manager
cc: Preston P. Pate, Jr.
Steve Benton, Consistency Coordinator
Wilmington District Engineer; ATTN: CESAW-CO-E
John Dorney, DEM/Raleigh
P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier if 11-12-09
Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 5096 recycled/ 1 0% post-consumer paper

ID: ` L// 7 / ACTION ID:
>)EM
Nationwide Permit Requested (Provide Nationwide Permit ft / 8
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. Box 29535
Raleigh, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone]
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 Name: GENE A /" CZ LWEAN
2. Owners Address: 41),9r WAS H/NOTON /0057- kD. AIE w S? RN, /I K y 6 ,Q
3. Owners Phone Number (Home): !? / y - r 17 - Z2 6 1 (Work):
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
5. Location of work (MUST ATTACH MAP). County: CAAUEA/ - 2/11 I X/ Of kI&WIAM-10 A/ raR ON Sge 1440 /
Nearest Town or City: SITE / M! A/W OF )V?rdi,a=&I/ N.C. 67-Y ki/7iT!,- -
Specific Location (Include road numbers, landmarks, etc.): 61TE /J 1.oeAT? D AOOUT RC,00 rT NE OF
CN,C. /L' UTA t . ? R r ELL.AIR /N T"NE OEEC'N 6&'.; rPMrr&,vIT,v / 1V14f &hV
OF r&,j NE I!/ RreA Za? 4 1, li7-S
6. Name of Closest Stream/River: zh(oN,6? L09 C?REE/r
7. River Basin: IVEUSE'
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO [1-T'
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO [GJ---
If yes, explain.
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:
Drained:
Flooded:
Excavated: 3 5 G SD. FT,
Total Impacted: FT,
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only)?,5t ,? R, MOO EO o`A W /P
STRIP 10,91'T ALONti THE Dung EA6 DF T,46 EIACHE6.09 C'REF/r AkCP0 P/Ain/ AQEA wi« 9,e Eue'#vArEO
TO # Q K JO U Q,- APPROYt4 &, L V /O FT A NO 4 MOUE LI AW AIV F&X THE WtT A PNO A EN AA10 Rg L/FTgWa SY A ?PETiG/N/N6 u/A V
13. Purpose of proposed work: /=Alb/7 J6019A7-10N &6ILD
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. To lRFAre R PobI- of 94-TE/? ON MxFAPM reR ZRRiCATioN w?rN /?e G/ ¢ST /?iyOUNT
OF IkiArrR/R1- /MOVED . Ipf 6 TNRT TNi6 oN 1N TNe WCrAAANG Wlil- ENNRNCr TNB SN ouNDiN6 r-NV o /M-N7-rrOR FISr/ANP 1097f
1 N rH,-- ,SPOIL FR017 U S. WEand iili a ervi ee /IV//71zt lf7rn?!
5. ou are required to contact the SFWS) and/or National Marine Fisheries Service
(NMFS) regarding the presence or any Federally listed or proposed for listing endangered or threatened specie or critical
habitat in the permit area that may be affected by the proposed project. Have you done so? YES [ NO [ ]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presencep f historic
properties in the permit area which may be affected by the proposed project? Have you done so? YES [ t? 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. 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?. f=AfN L. 9&'o
F. If applicable, what is proposed method of sewage disposal?
L
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DEM ID: ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit ft I8
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
ATM: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HE
AND NATURAL RESOURCES
P.O. Box 29535
Raleigh, NC 27626-0535 8
ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO T1 bQ5 OF ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIIZONMEI?"M" MANAGEMENT.
PLEASE PRINT.
1. Owners Name: GENE P z!I CT L.WEA/V
2. Owners Address: 4& S- WASH/N&TON 10057- RD. NEW's-AE 1 V; IV, e,
3. Owners Phone Number (Home): q / y - C 9 7 - 42 6 / (Work):
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
5. Location of work (MUST ATTACH MAP). County: C&IIEV - Mt W OF k/"1AAQA1 Fak ON Sie 1440 /
Nearest Town or City: SITE / MI AI W Of= )Zi5M,aj= °M/ . Al-C. C l 7-Yl/7i
Specific Location (Include road numbers, landmarks, etc.): S /7-6 If J-OeATk Q A[fOUT ?00o FT Ne of
Sle l of (2?,C lea/AY R1 Ll--LA/ I? / A/ rHE giTe9 G,Rnc? (L'MMUNiT,Y &AV
6. Name of Closest Stream/River: arN,?7 LOR CARE E/<
7. River Basin: /?IFIJ S E
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO [tl'
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO [G]!
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
/S-0 FIGiPE S
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled:
Drained:
Flooded:
Excavated: 5 6 SD. ,-r
Total Impacted: l? '?S' ( SO . FT,
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only)•-t ? 09'rf0H" P2 X62 R '110 /- w/Pr
STRIP / ALD&6 THE CourN EDSE of 7'406 RACHELOR C'REF/C A-zeDD A4A/1J AREA W/LL RE EuegvATEA
72 # o-rPtN Q w APPRoYrIarEL ?J /D FT ANO 4 MDl1I?U hw-4Y FAr.Y THE U:-:LAND Att,9 AND .Rr L6 ANry Ay 4,PETWN/N6 t?9? X41
13. Purpose of proposed work: 1-41/7 Tee 19AT/0A/ Ppn/LJ
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. To CREAT' /PO L• PF Hal-TEl? DN M y FDIC _ ?T ANov^'
OF lypTER/HL /W-54 • .T'Pe l- THAT r#16 5P1A? ONO IN 7Ne WErAAAQ Wli L elMA9 CA NC SN ouND/N6 I-NV,O /V chr- rrO,f /Se091VP WN77
As- % POW
.. _ _ ,. _ ., n.w .._... n n.?-w,.,..,? n. , ...,..
1 N r//YE .SPOIL F R o t Y E NET "' ,/v /n//7fZt ll7r/TL-! I
S? You are requiAd to contact the S. Fish and dhfe ernce SFWS) and/or National Marine Fisheries Service
(NMFS) regarding the presence or any Federally listed or proposed for listing endangered or threatened specie or critical
]
habitat in the permit area that may be affected by the proposed project. Have you done so? YES [K NO[
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence f historic
properties in the permit area which may be affected by the proposed project? Have you done so? YES [t4 - 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. 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?. i`=AV11 I-RAO
F. If applicable, what is proposed method of sewage disposal? -'- //OT

Date
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