19860158 Ver 1_COMPLETE FILE_19861209

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State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor David W. Owens
S. Thomas Rhodes, Secretary Director
January 5, 1987
Colonel Paul W. Woodbury
Corps of Engineers
Wilmington District
P. 0. Box 1890
Wilmington, NC 28402-1890
Dear Colonel Woodbury:
In keeping with
state agencies U. S.
October 23, 1986 whi,
of Riegelwood. The
of Carvers Creek for
in Bladen County.
;'. x.10 t'
G-1 fo,'1
your request, this office has circulated to interested
Army Corps of Engineers Public Notice .... 0027 dated
:h describes a project proposed by Mr. Donald R. Jackson
project, involving the placement of fill in the water
reconstruction of a mill pond, is located near Council
Based on a coordinated agency review, the state interposes no objection
to mill pond reconstruction provided a downstream flow release of 0.2 cubic
feet per second is provided as recommended by the Division of Water Resources
and the N. C. Wildlife Resources Commission.
Additionally, the Division of Land Resources, Land Quality Section
cautions the applicant that if the dam is to be raised to 15 feet or more,
a dam safety permit is required. Also, during the filling activities, temporary
erosion control measures should be installed to prevent offsite sedimentation
and all disturbed areas should be provided with ground cover sufficient
to restrain erosion within 30 working days or 120 calendar days following
construction, whichever period is shortest.
The Division of Health Services cautions that the potential exists
for creating mosquito problems if the work.plan is followed. For information.
regarding---appropri-ate-mosqui "on o m asures the applicant could contact
the Vector Control Branch at [phone].
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
Colonel Paul W. Woodbury
Page 2
January 5, 1987
Finally, for your information, we note that the Division of Environmental
Management issued Water Quality Certification No. 2004 on December 11 for
this project.
Should you require additonal information from the state on this matter,
do not hesitate to contact this office.
Very sincerely,
Jo R. Parker, Jr.
Inla d '404 Coordinator
JRP:jr/aw
cc: Division of Water Resources
Raleigh
Wildlife Resources Commission
Raleigh
Land Quality
Fayetteville
Division of Health Services
Raleigh
Division of Environmental Management
Raleigh

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State of North Carolina
Department of Natural Resources and Community Development
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor October 30, 1983 S. Thomas Rhodes, Secretary
Mr. R. Paul Wilms, Director
Water Quality Section
Division of Environmental Management
Raleigh, North Carolina 27611
Dear Mr. Wilms:
The attached U. S. Army Corps of Engineers Public Notice No. 0027 dated
10-22-86 describing a project proposed by Donald ,Ta-c son
is being circulated to interested state agencies for comments on applicable
Section 404 and/or Section 10 permits.
Please indicate below your agency's position or viewpoint on the proposed
project and return this form by 11-25-86 ,
Very sincerely,
John R. Parker, Jr.
404 Coordinator
REPLY This office objects to the project as proposed.
i?Comments on this project are attached.
This office supports the project proposal.
No comment.
Signed
Date ??? ,/tee
Agency
JRP:jr./aw
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity / Affirmative Action Employer
State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor R. Paul Wilms
S. Thomas Rhodes, Secretary Director
December 11, 1986
Mr. Donald R. Jackson
Rt. 1, Box 139
Riegelwood, NC 28456
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Mill Pond Dam Reconstruction
Donald R. Jackson
Carvers Creek
Bladen County
Dear Mr. Jackson:
Attached hereto are two (2) copies of certification No. 2004
issued to Donald R. Jackson dated December 11, 1986.
If we can be of further assistance, do not hesitate to contact us.
Sincerely yours,
Signed By
C. Mills
R. Paul Wilms
cc: Wilmington District Corps of Engineers
Fayetteville Regional Office
Mr. William Mills
Mr. David Owens
Pollution Pr+em iox Pays
PAS Box 27687, Raleigh, Nm+ Carolina 27617687 Tdepixx* 919.733-7M5
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NORTH CAROLINA
Bladen County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of
Section 401 Public laws 92-500 and 95-217 of the United States and
subject to the North Carolina Division of Environmental Management
Regulations in 15 NCAC 2H, Section .0500 to Donald R. Jackson pursuant
to an application filed to reconstruct a mill pored dam on Carvers Creek.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of Carvers
Creek in conjunction with the proposed dam reconstruction in Bladen
County will not result in a violation of applicable Water Quality
Standards and discharge guidelines. Therefore, the State of North
Carolina certifies that this activity will not violate Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance
with the application and conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner
as to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 50 NTU's or less
are not considered significant).
2. That the applicant shall employ appropriate
sedimentation and erosion control measures on
the project to minimize turbidity and siltation.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the above
conditions are made conditions of the Federal Permit.
This the 11th day of December, 1986.
DIVISION OF ENVIRCNMENrAL MANAGEMENT
original Signed BY
William C. Mills
for R. Paul Wilms, Director
WQC# 2004

State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
S. Thomas Rhodes, Secretary
December 11, 1986
Mr. Donald R. Jackson
Rt. 1, Box 139
Riegelwood, NC 28456
R. Paul Wilms
Director
Subject: Certificatiom Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Mill Pond Dam Reconstruction
Donald R. Jackson
Carvers Creek
Bladen County
Dear Mr. Jackson:
Attached hereto are two (2) copies of Certification No. 2004
issued to Donald R. Jackson dated December 11, 1986.
If we can be of further assistance, do not hesitate to contact us.
sincerely yours,
Signed By
am C. milts
R. Paul Wilms
cc: Wilmington District Corps of Engineers
Fayetteville Regional office
Mr. William Mills
Mr. David owens
Pollution Prem ion Prays
PQ Boot 27687, Rako, North Cuabs 276117687 Tekphow 919-733-7M5
0401911? -
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2
NORZH CARCLINA
Bladen County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of
Section 401 Public Laws 92-500 and 95-217 of the United States and
subject to the North Carolina Division of Environmental Management
Regulations in 15 NCAC 2H, Section .0500 to Donald R. Jackson pursuant
to an application filed to reconstruct a mill pond dam on Carvers Creek.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of Carvers
Creek in conjunction with the proposed dam reconstruction in Bl.aden
County will not result in a violation of applicable Water Quality
standards and discharge guidelines. Therefore, the State of North
Carolina certifies that this activity will not violate Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance
with the application and conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner
as to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 50 NTU's or less
are not considered significant).
2. That the applicant shall employ appropriate
sedimentation and erosion control measures on
the project to minimize turbidity and siltation.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the above
conditions are made conditions of the Federal Permit.
This the 11th day of December, 1986.
DIVISION OF ENVI AL MANAGM"
"'.:°=nal Signed BY
lam C. Mills
R. Paul Wilms, Director
WQC# 2004
i
SAWC087-N-009-0027
.October 23, 1986
PUBLIC NOTICE
Mr. Donald R. Jackson, Route 1, Box 139, Riegelwood, North Carolina 28456
(telephone [phone]) has applied for a Department of the Army permit
TO PLACE FILL MATERIAL IN WATERS OF CARVERS CREEK IN CONNECTION WITH THE
RECONSTRUCTION OF A MILL POND DAM NEAR COUNCIL, Bladen County, North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show an existing serviceable earthen berm which has been breached
by the run of Carvers Creek. The area to be filled is approximately 30 feet
wide, 20 feet long, and 8 feet deep. 200 cubic yards of fill material,
consisting of clay from an on-site source, will be utilized to repair the
berm. The area immediately behind, and upstream from, the dam is a wetland
vegetated by mature baldcypress (Taxodium distichum) and red maple (Acer
rubrum). The purpose of the work is to enhance aesthetics and improve
recreational opportunities at the site. Plans showing the work are included
with this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
Department of the Army permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a Department of the Army permit be issued until the North Carolina
Division of Environmental Management has determined the applicability of a
Water Quality Certificate as required by PL 92-500.
This application is being considered pursuant to Section 404(b) of the
Clean Water Act (33 U.S.C. 1344). Any person may request in writing, within
the comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein; and
this work site is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District

DEPARTMENT OF THE ARMY a illlayw
Wilmington District, Corps of Engineers OCT
Post Office Box 1890
Wilmington, North Carolina 28402-1890

-2-
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its' intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and, if so, the conditions under
which it will be allowed to occur, are therefore determined by the outcome of
the general balancing process. That decision should reflect the national
concern for both protection and utilization of important resources. All
factors which may be relevant to the proposal must be considered including the
cumulative effectrL thereof. Among those are conservation, economics,
aesthetics, general environmental concerns, wetlands, cultural values, fish
and wildlife values, flood hazards, flood plain values, land use, navigation,
shore erosion and accretion, recreation, water supply and conservation, water
quality, energy needs, safety, food and fiber production, mineral needs,
considerations of property ownership, and, in general, the needs and welfare
of the people. For activities involving the placement of dredged or fill
materials in waters of the United States, a permit will be denied if the
discharge that would be authorized by such permit would not comply with the
Environmental Protection Agencies' 404(b)(1) guidelines. Subject to the
preceding sentence and any other applicable guidelines or criteria, a permit
will be granted unless the District Engineer determines that it would be
contrary to the public interest.
Generally, the decision whether to issue this Department of the Army
permit will not be made until the North Carolina Division of Environmental
Management (DEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The DEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army permit serves as application to the DEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
-3-
The North Carolina Division of Environmental Management plans
final action in the issuance of the Clean Water Act certification
December 9, 1986.
to take
on or after
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before December 1; 1986, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Ernest Jahnke, until 4:15 p.m.`,
November 29, 1986, or telephone [phone].
Paul W. Woodbury
Colonel, Corps of Engineers
District Engineer
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PROPOSED DAM BERM REPAIR
IN CARVERS CREEK
NEAR CARVERS, N. C.
COUNTY OF BLADEN
APPLICATION BY DONALD R. JACKSON
DIVISION OF ENVIRONMENTAL MANAGEMENT
November 19, 1986
E n.
MEMORANDUM NOV211986
TO: Bill Mills YY t :G ; ?:pli 1'Y ;aLCTIOm
Permits and Engineering 0 - ERATIONS SRANr,-l
FROM: M. J. Noland, Regional Supervisor
Fayetteville Regional Office
SUBJECT: 401 Certification
Wetlands of Carvers Creek near
Council, Bladen County
The subject project involves the filling of wetlands and waters of
Carvers Creek near Council in Bladen County. This construction is
necessary for the rebuilding a mill pond dam. Approximately 200 cubic
yards of fill material will be required. This construction is as
follows:
Total Fill Length of Fill Width of Fill Depth of Fill
Carvers Creek 200 c.y. 20 ft. 30 ft. 8 ft.
Control measures to prevent sedimentation accumulation have not
been presented, therefore we cannot comment on short term sedimentation
affects.
However, it is recommended that the appropriate certification be
issued requiring that the following "standard" condition be met:
1. The instream turbidity shall not be increased to more than 50
JTU's as a result of the proposed activity after a reasonable
opportunity for dilution and mixture.
If additional information or clarification is required, please
advise.
KA/gc
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Y4.
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
SAWC087-N-009-0027
RECEIVED
OCT 2 7 1986
ftf lik QUALITY SECTION
0tR10.00R§ iB*WH
PUBLIC NOTICE
Mr. Donald R. Jackson, Route 1, Box 139, Riegelwood, North Carolina 28456
(telephone [phone]) has applied for a Department of the Army permit
TO PLACE FILL MATERIAL IN WATERS OF CARVERS CREEK IN CONNECTION WITH THE
RECONSTRUCTION OF A MILL POND DAM NEAR COUNCIL, Bladen County, North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show an existing serviceable earthen berm which has been breached
by the run of Carvers Creek. The area to be.filled is approximately 30 feet
wide,. 20 feet long, and 8 feet deep. 200 cubic yards of fill material,
consisting of clay from an on-site source, will be utilized to repair the
berm. The area immediately behind, and upstream from, the dam is a wetland
vegetated by mature baldcypress (Taxodium distichum) and red maple (Acer
rubrum). The purpose of the work is to enhance aesthetics and improve
recreational opportunities at the site. Plans showing the work are included
with this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
Department of the Army permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a Department of the Army permit be issued until the North Carolina
Division of Environmental Management has determined the applicability of a
Water Quality Certificate as required by PL 92-500.
This application is being considered pursuant to Section 404(b) of the
Clean Water Act (33 U.S.C. 1344). Any person may request in writing, within
the comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein; and
this work site is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
4eIA
.0,
-2-
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The;-.Dist.rict Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which..become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and, if so, the conditions under
which it will be allowed to occur, are therefore determined by the outcome of
the general balancing process. That decision should reflect the national
concern for both protection and utilization of important resources. All
factors which may be relevant to the proposal must be considered including the
cumulative effects thereof. Among those are conservation, economics,
aesthetics, general environmental concerns, wetlands, cultural values, fish
and wildlife values, flood hazards,-flood plain values, land use, navigation,
shore erosion and accretion, recreation, water supply and conservation, water
quality, energy needs, safety, food and fiber production, mineral needs,
considerations of property ownership, and, in general, the needs and welfare
of the people. For activities involving the placement of dredged or fill
materials in waters of the United States, a permit will be denied if the
discharge that would be authorized by such permit would not comply with the
Environmental Protection Agencies' 404(b)(1) guidelines. Subject to the
preceding sentence and any other applicable guidelines or criteria, a permit
will be granted unless the District Engineer determines that it would be
contrary to the public interest.
Generally, the decision whether to issue this Department of the Army
permit will.not be made until the North Carolina Division of Environmental
Management (DEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The DEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army permit serves as application to the DEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
r
-3-
The North Carolina Division of Environmental Management plans to take
final Action in the issuance of the Clean Water Act certification on or after
December 9, 1986.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before December 1, 1986, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Ernest Jahnke, until 4:15 p.m.,
November 29, 1986, or telephone [phone].
Paul W. Woodbury
Colonel, Corps of Engineers
District Engineer
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PROPOSED DAM BERM REPAIR
IN CARVERS CREEK
NEAR CARVERS, N. C.
COUNTY OF BLADEN
APPLICATION BY DONALD R. JACKSON
SHEET 1 of 1