20001461 Ver 1_COMPLETE FILE_20001120

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
1?•
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
January 16, 2001
Wilson County
DWQ Project #: 001461
APPROVAL OF 40I.Quality Certification and ADDITIONAL CONDITIONS and Neuse River Buffer Rules
Mr. Paul Berry
Post Office Box 3838
Wilson, NC 27895
Dear Mr. Berry:
You have our approval, in accordance with the attached conditions and those listed below, to impact 200 square feet of
wetlands, to restore a dam at Hwy 42 and Rock Ridge School, as you described in your application dated November 20, 2000.
After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3290.
This certification allows you to use Nationwide Permit Number 3 when the Corps of Engineers issues it. This approval is also
valid for the Neuse River buffer rules (15A NCAC 2B .033). In addition, you should get any other federal, state or local permits
before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-
Discharge and Water Supply Watershed regulations. This approval will expire when the accompanying 404 or CA31.a permit
expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application except as modified below. If
you change your project, you must notify us and you may be required to send us a new application.. If the property is sold, the
new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all
conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required
as described in 15A NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the corresponding Nationwide Permit
expires or as otherwise provided in the General Certification. For this approval to be valid, you must follow the conditions listed
in the attached certification and any additional conditions listed below.
1. Deed notifications or similar mechanisms shall be placed on all remaining jurisdictional wetlands and waters or areas within
50 feet of all streams and ponds to notify the state in order to assure compliance for future wetland and/or water impact.
These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever
is later).
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter
150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-
7447. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions, please telephone John Dorney at 919-733-9646.
e
e Stevens
Attachment
cc: Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
File copy
Central Files
Raleigh Division of Land Resources
Division of Water Quality • Wetlands/401 Unit
1621 Mail Service Center • Raleigh NC 27669-1621 .Telephone [phone] • FAX # [phone]
An Equal Opportunity Affirmative Action Employer
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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
DWQ Project No.: County:
Annlicanv
1 • •
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NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Project Name:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to
the 401/Wetlands Unit, North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh,
NC, 27699-1621.This form may be returned to DWQ by the applicant, the applicant's authorized
agent, or the project engineer.It is not necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed
to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature: Date:
Agent's Certification
I, , hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed
to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature: Date:
If this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e.,
Engineer, Landscape Architect, Surveyor, ect.) in the State of North Carolina, having been
authorized to observe (periodically, weekly, full time) the construction of the project, for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans
and specifications, and other supporting materials.
Signature Registration No.
Date
Division of Water Quality • Wetlands/401 Unit
1621 Mail Service Center • Raleigh NC 27669-1621 *Telephone [phone] • FAX # [phone]
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01/11/2001 04:13 2525229736 B WYNNE PAGE 01/01
9 North Carolina Wildlife
Charles R Pullwood,
MEMORANDUM
TO: John Dorney
Division of Water Quality
Jean Manuele
Army Corps of Engineers
FROM: Bennett Wynne ?*OF'
Habitat Conservation Program
DATE: January 11, 2001
Director
Commission 9
SUBJECT: 401 Water Quality Certification ap 40?46 on for
br each on Contentnea Creek, near 42 bri
County, North Carolina. DEM No1.
I V. Berry fill of dam
crossing, Wilson
The Wildlife Resources Commission has revie ed the pr jest for impacts to
wildlife and fishery resources. A site visit was made Decemb 19, 2001. We regret
the •dela ed response. Our comments are provided in ecordanc with provisions of the
Fish and Wildlife Coordination Act (48 Stat. 401, as ended; I U.S.C. 661 et seq.),
Section 401 of the Clean Water Act (as amended), an North C olina General Statutes
(G. S. 113 -13 1 et seq.). j
The applicant is seeking authorization to fill a rreach to existing dam on
Contentnea Creek. It is our understanding elevation o the filled breach would still be
below the top of the dam. The stated purpose of the ork is to se water levels behind
the darn so local farmers can irrigate crops.
In its damaged condition, the dam presently all ws upst am fish passage and thus
provides enhanced aquatic habitat value. The propose work co d negate this habitat
enhancement. To maintain the site's ability to pass fis , we reco end that rubble be
placed in the channel downstream of the breach in a to g, slopin profile. Such a
configuration should mimic a rapid, a natural stream fekture that most stream fishes can
easily pass through. I
Thank you for the opportunity to comment. If iou need o discuss these
comments or need additional assistance, please call me tat (252) 5P-973 6.
Malting Address: Division of Inland Fisheries • 1721 Mail
Telephone, [phone] ext. 281 0
ice Centerl • Ralcigh, NC 27699-1721
: [phone]
Memorandum
To: John Dorney
From: John Hennessy
Date: January 10, 2001
Re: Tardy Projects
List of Recommendations
Paul V. Berry, DWQ No. 001461
I have been spoken with Steve Mitchell about the referenced project. He has no objections and
recommends approval as long as:
1) the dam is rebuilt to its original specifications,
2) the purpose of the project is truly for agricultural practices.
c:AjohnAtardy reports\01 1001.doc
46T

DEM ID:
CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #):
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
F-- Ca
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SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD
OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES
SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE AGENCY
ADDRESSES SHEET). PLEASE PRINT.
L OWNERS NAME: PAUL V, (_ ] k Ull
2. MAILING ADDRESS: P. b - BX 3Er3ll,
27tfJ #?_
SUBDIVISION NAME: Iy `'?t
CITY: STATE: ZIP CODE:
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE): 434411 'Rack pi
3. TELEPHONE NUMBER (HOME): Z S1 • ZL4'4 '),j (WORK): /q R -
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE
NUMBER:
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR
AERIAL PHOT09RAPHYWITH SCALE):
/I"''?' yv
COUNTY: V lkjb/V NEAREST TOWN OR CITY: di I.S b Al
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
'aL- 2-
6. IMPACTED OR NEAREST STREAM/RIVER: CoA/ fL`lyrbigA- L g r F K
RIVER BASIN:
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY
(WS-I OR WS-II)? YES [ ] NO[ ] IF YES, EXPLAIN: C O yL cf 6c- wAlg e s, Ly
Alo-r
7b. IS THE PROJECT IS LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO[)( ]
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL
COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION: AI A
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ ] NO [`)( ] IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT
AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION):
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE?
YES [ ] NO [-K ] IF YES, DESCRIBE ANTICIPATED WORK:
9A. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: / ACf f-
9B. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
A hRx- /o
IOA. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: 2.. 'K 8. I EXCAVATION:
FLOODING:
DRAINAGE:
OTHER:
TOTAL ACRES TO BE IMPACTED: z ???

3
IOB. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED,
PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION):
LENGTH BEFORE: FT AFTER: FT
WIDTH BEFORE (based on normal high water contours): FT
WIDTH AFTER: FT
AVERAGE DEPTH BEFORE: FT AFTER:
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: [ ] PLACEMENT OF PIPE IN CHANNEL: [
FT
CHANNEL ELEVATION: [ ] NF - CONSTRUCTION OF A DAM/FLOODING: [ v ]
OTHER: fill ow wdjE??E DI? 8k'QCf -
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND? NPR
WHAT IS THE EXPECTED POND SURFACE AREA? PON C? 1 S / N ALA F-
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED (ATTACH PLANS: 8'/2" x 1 I" DRAWINGS ONLY): $
13. PURPOSE OF PROPOSED WORK: RAi SC LA--L of ekee- ' SG 4'0e .L-
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS): N 1?
4
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND/OR
NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY ADDRESSES SHEET) REGARDING
THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR
THREATENED SPECIES OR CIRTICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY
THE PROPOSED PROJECT. (ATTACH RESPONSES FROM THESE AGENCIES.)
DATE CONTACTED: Not Required - Performed by the Corps of Enpineers
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) (SEE
AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE
PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT.
DATE CONTACTED: Not Required - Performed by the Corps of Engineers
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC
(STATE) LAND?
YES[ ] NO[ "- ] (IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT
PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT?
YES f ] NO [ ]
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT
OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [ ] NO [ ]
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE
CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING COMPLIANCE
WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT. QUESTIONS REGARDING THE
STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS. CHRYS BAGGETT,
DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, 116
WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003, TELEPHONE [phone].
S
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES AND PONDS ON
THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL
STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE
MAP. SCALES SHOULD BE I INCH EQUALS 50 FEET OR 1 INCH EQUALS 100 FEET OR THEIR
EQUIVALENT.
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. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY? HA
f
IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?,
g. SIGNED AND DATED BY AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL
MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH CAROLINA
DIVISION OF COASTAL MANAGEMENT STATING THAT THE PROPOSED ACTIVITY IS
CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM.
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WNER'S / AGENT'S SIGNA RE DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18G.))
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P:
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Paul V. Berry
PO Box 3838
Wilson, NC 27895
Dear Mr. Berry:
ITk?WAA
1
•
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
October 30, 2000
001461
On October 30, 2000, your application for 401 Water Quality Certification for a
project in Wilson County was received by the N.C. Division of Water Quality. Please
note that beginning January 1, 1999, the N.C. General Assembly passed legislation
requiring payment of a fee for all 401 applications. Your application is being returned
since no payment was received with the package. The fee for applications is $200 for
projects impacting less than an acre of wetland and e an 50 linear feet of streams.
For projects impacting one or more acres of wetland or 150 or more feet of streams, the
fee is $475. In order for DWQ to review and process your request, you must send a
check in the appropriate amount made payable to the N.C. Division of Water Quality
attached to your application materials.
Please call Robert Ridings at 919-733-1786 or visit our web site at
http://h2o.enr.state. nc.LI s/ncwetIands if you have any questions.
FAYMEf' T
4zI
` ncergl\
RECEIVED
R. Dorney C
cc: Central Files
Y"
Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
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