19860199 Ver 1_COMPLETE FILE_19860101

is
May 13, 1986
Mr. C. R. Edgerton
913 Union Street
Cary, NC 27511
Subject: Application for 401 Certification
Russell Moss
Wake County
Dear Mr. Edgerton:
This letter will confirm that Mr. Moss will not need to obtain a
401 Certification for a lake he is building on a tributary to Little
River in Wake County. The Corps of Engineers has advised him that a 404
permit will not be required. Since no federal permit or license is
needed for the project, no 401 Certification is involved. The
application submitted will not be acted upon unless further instructions
are received fran you or Mr. Moss.
Sincerely,
Origi* pai Signed BY
WILLIAM C. MILLS
William C.. Mills
Enviromnental Engineer
WCM/dkb

Feb. 28, 1986
Director, Water Quality Section
N. C. Dept. of `atural Resources & Comm Dev.
Raleigh, N. C.
Dear Sir:
Attached is a completed application and drawings showing
proposed fill below ordinary high water on a tributary to
Little. River in Wake County.
The purpose of the empoundment is for irregation and
cat fish farming.Does the State require a water quality cert-
ification for this activity since it is well above the head-
waters and is agricultural) orented? If so, please process
the application and if not, please a vise.
Yours Very Truly
4bj q4
C. R. Ed rton
913 Union St.
Cary, N. C. 27511
Copy: Russell Noss ?Y
Q '.5p,?
MAR 4
PER"TS
A
APPLICATION
FOR
` PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT
Department of Administration State of North Carolina Department of the Army
(GS 146.12) Department of Natural Resources and Community Development Corps of Engineers, Wilmington Distriu
(GS 113.229, 143-215.3(a)(1), 143.215.3(c), 113A-118 (33 CFR 209.320329)
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank.
1. Applicant Information
A. Name Moss Russell
Last First Middle
B. Address Route 6, Box 660,
Street, P. O. Box or Route
Zebulon North Carolina 27597 919269 9663
City or Town State Zip Code Phone
11. Location of Pr g Project:
A. County
B. 1. City, town, community or landmark 2 miles south of Zebulon
2. Is proposed work within city limits? Yes No X
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
_ Unnamed Tributary to Little River
111. Description of Project
A. 1. Maintenance of existing project 2. New work Const Dam
B. Purpose of excavation or fill
1. Access channel length o width - depth
2. Boat basin length- width depth
3. Fill area length width depth
4. Other Dam length 512ft. width tOp depth 251 height
C. 1. Bulkhead length NA Average distance waterward of MHW (shoreline)
2. Type of bulkhead construction (material)
D. Excavated material (total for project)
1. Cubic yards - 430 Cy 2. Type of material organic
E. Fill material to be placed below MNW (see also VI. A)
1. Cubic yards 790 Cy 2. Type of material sand clay
IV. Land Type, Disposal Area, and Construction Equipment:
A. Does the area to be excavated include any marshland, swamps or other wetland? Yes ? XNo X
B. Does the disposal area include any marshland, swamps or other wetland? Yes No
C. Disposal Area
1. Location - Spread 11-n stream of o Df dam
2. Do you claim title to disposal area?- Ye g
D. Fill material source if fill is to be trucked in _ Borrow area is in proposed lake
E. How wilt excavated material be entrapped and erosion controlled? SPP(Jad anri W111132oA
F. 1 i•pc of equipment to be used a an ac Oe
G. Will marshland be crossed in transporting equipment to project site? if yes, explain No
08 F•81
Rev. 10/18
W. Intended Uss of PfOIM Ares (Describe)
A. 1. Private Irre7ation and Cat Fish -farming
2. Commercial
3. Housing Development or Industrial
4. Other
B. 1. Lot size(s) NA
2. Elevation of lot(s) above mean high water
3. Soil type and texture
4. Type of building facilities or structures
5. Sewage disposal and/or waste water treatment A. Existing Planned
B. Describe
6. Land Classification (circle one) DEVELOPED TRANSITIONAL COMMUNITY 'RURAL
CONSERVATION OTHER (See CAMA Local Land Use Plan Synopsis
VI. Pertaining to Fill and Water Quality:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes.X._ No
B. I. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? Yes'_No
2. Type of discharge Storm runof f
3. Location of discharge see drawin0
VII. Present rate of shoreline erosion (if known): NA
VIII. List permit numbers and issue. dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable: NA
IX. Leno of time required to complete project: One -year
X. In addition to the completed application form, the following items num be provided:
A. Attach a copy of the deed (with State application only) or other instrument under which applicant
claims title to the affected property. OR if applicant is not claiming to be the owner of said property,
then forward a copy of the deed or other instrument under which the owner claims title plus written
permission from the owner to carry out the project on his land.
B. Attach an accurate work plat drawn to scale on 8% X 11 " white paper (see instruction booklet for
details). Note: Original drawings preferred - only high quality copies accepted.
C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or
certified. mail or by publication (G.S. 113-229 (d))Enter date served - N15
D. List names and complete addresses of tF.e riparian landowners with property adjoining applicant's.
Such. owners have 30 days in which to submit comments to agencies listed below.
NnnP - nnti rP ?Lrnan+ ^.n Game" iyeigai-
X1. Certification requirement: 1 certify that to the best of my knowledge, the proposed activity complies
with the State of North Carolinals approved coastal management program and will be conducted in a
manner consistent with such program.
X11. Any permit issued pursuant to this application will allow only the development described in this appli•
cation and plat. Applicants should therefore describe in the application and plat all anticipated devel-
opment activities, including construction, excavation, filling, and land clearing.
DATE ` 9J& /
CIO
Applicant's Signature
bAF-d? SEE REVEL )E FOR MAILING INSTRUCTIONS
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
March 19, 1986
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. SAWC086-N-092-0186
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of Natural
Resources and Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Mills:
RECEIVED
MAR 2 ; 1986
WATEH QUALITY SECTION
OPERATIONS BRANCH
Enclosed is the application of Mr. Russell Moss for a
Department of the Army permit and a State Water Quality
Certification to place fill material in the waters and wetlands of
an unnamed tributary to Little River to construct a dam, south of
Zebulon, Wake County, North Carolina. Your receipt of this letter
verifies your acceptance of a valid request for certification in
accordance with Section 325.2(b)(ii) of our administrative
regulations.
We are considering authorization of the proposed activity
pursuant to Section 404 of the Clean Water Act, and we have
determined that a water quality certification may be required
under the provisions of Section 401 of the same law. A Department
of the Army permit will not be granted until the certification has
been obtained or waived.
In accordance with our administrative regulations, 60 days
after receipt of a request for certification is considered a
reasonable time for State action. Therefore, if your office has
not acted on the request by May 16, 1986, the District Engineer
will deem that waiver has occurred.
Questions or comments may be addressed to Mr. Ken Jolly,
telephone [phone].
Sincerely,
C??hVcs W. llis
hief, Regulatory Branch
Enclosure
-2-
Copy Furnished (without enclosure):
Mr. John Parker.
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
t?
q?r
Wilmington Dristrict
Wilmington, N. C.
Dear Sir;
Attached is a completed application and drawings showing
proposed fill below ordinary high water on a tributary,to
Little River in Wake County.
The purpose is to empound water for irregation and cat
fish farming.Does the Corps exercise permit authority for
this type of activity since it is agriculturally orented?
If so$ please process the application and if not please advise.
Yours Very Truly
C. R. Edger n
013 Union St.
Cary, N. C. 27511
4c,-7- G47o
District Engineer
U. S. Corps of Engineers MAR 3 1..9i0
J
REi
Feb. 28. 1986'-_"`
Copy: Russell Noss
a APPLICATION
FOR
PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICA t'F`?'?11rrF•
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVE? u
4411 VCN
Department of Administration State of North Carolina Department of the Army
(GS 116.12) Department of Natural Resources and Community Development Corps of Engineers, Wilmington Districs
(GS 113.229, 143.215.3(a)(1), 143.215.3(c), 113A-118 (33 CFR 209.320.329)`
MAR 3??u
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank.
1. Applicant Information
A. Name Moss Russell
Last F irst Middle
B. Address Route 6 Box 660,
Street, P. O. Box or Route
Zebulon North Carolina 27597 919269 9663
City or Town State Zip Code Phone
11. Location of Pr g Project:
A. County
B. 1. City, town, community or landmark 2 miles south of Zebulon
2. Is proposed work within city limits? Yes No X
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
- Unnamed Tributary to Little River
ill. Description of Project
A. 1. Maintenance of existing project 2. New wok CAnst Dam
B. Purpose of excavation or fill
1. Access channel length -width.depth
2. But basin length.,..--width-depth
3. Fill area length width depth
4. Other Dam length -51- 1_ top depth 451 height
C. I. Bulkhead length r;A Average distance waterward of MHW (shoreline)
2. Type of bulkhead construction (material)
D. Excavated material (total for project)
1. Cubic yards- 430 C Y 2. Type of material_ Or aniC
E. Fill material to be placed below MHW (see also VI. A)
1. Cubic yards 790 CV 2. Type of material sand Clay
IV. Land Type, Disposal Area, and Construction Equipment:
A. Does the area to be excavated include any marshland, swamps or other wetland? Yes XNo ...X
8. Does the disposal area include any marshland, swamps or other wetland? Yes No
C. Disposal Area
1. Location gnrP;;d iin r;trpam of toe of dam
2. Do you claim title to disposal areal- Ye S
D. fill material source if fill is to be trucked in _ Borrow area is in proposed lake
E. How will excavated material be entrapped and erosion controlled?_ App8pri nnrt M1114brl d
F. I l-pe of equipment to be used an Rn aC Oe
G. Will marshland be crossed in transporting equipment to project site? If yes, explain VO
Dtt F•/ 1
Rev. 10171
?•.w.•va vw YI rlulm area (t)efcrbbe)
., A. 1. Private Irre?7ation and Cat Fish farm n,7
2. Commercial ---
• 3. Housing Development or Industrial
" 4. Other
8. 1. Lot size(s) NA
2. Elevation of lot(s) above mean high water
3. Soil type and texture
4. Type of building facilities or structures
S. Sewage disposal and/or wastewater treatment A. Existing Planned
B. Describe
6. Land Classification (circle one) DEVELOPED TRANSITIONAL COMMUNITY 'RURAL
CONSERVATION OTHER (SeeCAMA Local Land Use Plan Synopsis
VI. Perulning to Fill and Water Quality:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes,X_No
B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? Yes'x No
2. Typeofdischarge Stortr runoff
3. Location of discharge see drawing
VII: Present rate of shoreline erosion (if known): NA
VIII. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permlq for
work In project area, if applicable: NA
IX. Length of time required to complete project: One Year
X. In addition to the completed application form, the following liens toast be provided: - -
A. Attach a copy of the deed (with State application only) or other instrument under which applicant
claims title to the affected property. OR if applicanT is not claiming to be the owner of said property,
then forward a copy of the deed or other instrument under which the owner claims title plus written
permission from the owner to carry out the project on his land.
0. Attach an accurate work plat drawn to scale on 8% X i 1" white paper (see instruction booklet for
details). Note: Origins drawings preferred - only high quality copies accepted.
C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or
certified mail or by publication (G.S. 113.229 (d))Enter date served -ZA
D. List names and complete addresses of the riparian landowners with property adjoining app!icant's.
Such owners have 30 days in which to submit comments to agencies listed below.
-- Nnn . _ pnti ra rn?ar+ n„ nv „
XI. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies
with the State of North Carolinas approved coastal management program and will be conducted in a
manner consistent with such program.
XII. Any permit issued pursuant to this application will allow only the development described in this appli•
cation and plat. Applicants should therefore describe in the application and plat all anticipated devel-
opment activities, including construction, excavation, filling, and land clearing.
DATE _
UgF-gi SEE REVEI
Rh, tail$
Applicant's Signature
X FOR MAILING INSTRUCTIONS
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TELEPHONE OR VERBAL CONVERSATION RECORD
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For use of this form, so* AR 340.15; the proponent agency Is The Adjutant General's Office.
SUSJCCT OF CONVERSATION
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INCOMING CALL
PERSON CALLING OORKSS PHONE NUMDER ANO EXTENSION
PERSON CALLED OPFICE PHONE NUMSER ANO RXTENSION
OUTGOING CALL
PERSON CALLING OPFICE PHONE NUmb6A AND EXTENSION

PERSON CALLED ADORES PHONE NUMSER ANO EXTENSION
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IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
April 16, 1986
SUBJECT: File No. SAWC086-N-092-00186
Mr. Russell Moss
Route 6, Box 660
Zebulon, North Carolina 27597
Dear Mr. Moss:
RECEIVED
APR 2 1 1-986
WATER QUALITY SECTION
OPERATfONS BRANC{°f
Reference your application of February 28, 1986, for a
Department of the Army permit to place fill material in the waters
and wetlands of an unnamed tributary to Little River to construct
a dam, south of Zebulon, Wake County, North Carolina. Also,
reference your April 9, 1986, meeting with Mr. Ken Jolly of my
staff.
For the purpose of Section 404 of the Clean Water Act, Title
33, Code of Federal Regulations (CFR), Part 323.4, published in
the Federal Register on July 22, 1982, lists discharges not
requiring a permit. During Mr. Jolly's visit to your property, he
determined that construction of your farm pond is work that will
not need specific authorization provided you comply with the
following best management practices:
a. The fill material will be properly stabilized and
maintained during and following construction to prevent erosion.
b. The fill material will be suitable material free from
toxic pollutants in toxic amounts.
Please be aware that not needing Federal authorization does
not relieve you of the responsibility to obtain any required State
or local approval.
If you have questions, please do not hesitate to contact
Mr. Jolly, Regulatory Branch, telephone [phone].
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
40

f
-2-
Copies Furnished:
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of Natural
Resources and Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. C. R. Edgerton
913 Union Street
Cary, North Carolina 27511

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890 R E C E E D
March 18, 1986
IN REPLY REFER TO 1986
Regulatory Branch MAR 214
SUBJECT: File No. SAWC086-N-092-0186 It?j?ifikK O"ONS Aa
Up? ?tA?f ION'S BRANG-RANG'? {
Mr. C. R. Edgerton
913 Union Street
Cary, North Carolina 27511
Dear Mr. Edgerton:
Reference your letter _of February 28, 1986, concerning
Mr. Russell Moss' proposed construction of an earthen dam on his
property on an unnamed tributary to the Little River near Zebulon,
Wake County, North Carolina.
The proposed discharge of fill material into waters and
wetlands onsite will require individual Section 404 permit
authorization. Before we can initiate processing of the permit
application included with your letter, the applicant must receive
a Section 401 Water Quality Certification for the proposed work
and submit a copy of same to this office. It is our understanding
that the required Water Quality Certification has been applied.
for.
Should you have questions, please contact Mr. Ken Jolly,
Regulatory Branch, at telephone [phone].
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Copies Furnished:
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of Natural
,... Resources and Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Russell Moss
Route 6, Box 660
Zebulon, North Carolina 27597