19900348 Ver 1_COMPLETE FILE_19900101

STATE
e
State of North Carolina
Department of Environment, Health, and Natural Aesources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Govemor
William W. Cobey, Jr., Secretary
July 31, 1990
Mr. William R. Muncy
Route 5, Box 79
Southport, North Carolina 28461
Dear Mr. Muncy:
George T. Everett, Ph.D.
Director
Subject: Proposed Fill in Headwaters or Isolated Wetlands
Muncy Property Near Southport
Brunswick County
Upon review of your request for Water Quality Certification
to _place fill material in wetland adjacent to the headwaters of
Beaver Dam Creek off N. C. Highway 211 in the Morehead Farms
Development, we have determined that the proposed fill can be
covered by General Water Quality Certification No. 2176 issued
November 4, 1987. This authorization is valid for less than one
acre of fill. If you propose to fill one acre or more we will
need specific development plans showing the exact areas of fill
and the intended development activities. A copy of the General
Certification is attached. This Certification may be used in
qualifying for coverage under Corps of Engineers' Nationwide
Permit No. 26.
If you have any questions, please contact Bill Mills at
919/733-5083.
Sincerely,
George T. Everett
GTE: BM
Attachment
cc: Wilmington District Corps of Engineers
Wilmington Regional office
Po1lu"n Prevention Pays
P 0 Box 27687. Raleigh. North Carolina 27611-7687 Telephone [phone]

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
"IZI? i P.O. BOX 1890
y, P,..? WILMINGTON, NORTH CAROLINA 28402-1890
March 21, 1990
IN REPLY REFER TO
Regulatory Branch
6 .
SUBJECT: File No. CESAW-C090-D-010, Nationwide Perl:
i
R
Mr. William R. M
uncy Route 5, Box 79 Southport, North Carolina 28461
Dear Mr. Muncy:
On February 15, 1990, you met with Mr. Hugh Heine of m??aff regarding
your 15 acre tract within the headwaters of Beaver Dam Creek near Southport,
Brunswick County. Your property is located off N.C. Highway 211 in the
Morehead Farms Inc., development. As indicated, you are eligible to fill less
than an acre of wetlands pursuant to the following nationwide permit. If you
plan to fill more than an acre of wetlands please read and complete the
enclosed pre-discharge notification package. Also enclosed is a list of
wetland consultants. We are not endorsing, recommending, or approving any of
these individuals or firms. The list is simply offered to provide information
as to where services may be obtained.
For the purposes of the Corps of Engineers' Regulatory Program, Title 33,
Code of Federal Regulations (CFR), Part 330, published in the Federal Register
on November 13, 1986, lists nationwide permits. Authorization was provided
for discharges of dredged or fill material into non-tidal rivers, streams, and
their lakes and impoundments, including adjacent wetlands, that are located
above the headwaters and other non-tidal waters of the United States,
including adjacent wetlands, that are not a part of a surface tributary system
to interstate waters or navigable waters of the United States. This general
authorization is valid only for work that causes the loss or substantial
adverse modification of less than one acre of wetlands.
Your work is authorized by nationwide permit provided it is accomplished
in strict accordance with the enclosed conditions. The nationwide permit does
not relieve you of the responsibility to obtain any required State or local
approval.
This verification will be valid until the nationwide permit is modified,
reissued or revoked. All nationwide permits are scheduled to be modified,
reissued or revoked prior to January 13, 1992. It is incumbent upon you to
remain informed of changes to the nationwide permits. We will issue a public
notice announcing changes when they occur. Furthermore, if you commence or
are under contact to commence this activity before the date the nationwide
permit is modified or revoked, you will have twelve months from the date of
the modification or revocation to complete the activity under the present
terms and conditions of this nationwide permit.
.A
`t •
-2-
Questions or comments may be addressed to Mr. Heine, Regulatory Branch,
telephone [phone].
Sincerely,
Enclosure
Copies Furnished (without enclosure):
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
l/ Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
G. Wayne Wright
Acting Chief, Regulatory Branch

r low
Letter of Request
A,
APR iLgj
to .

To Attention of: Mr. William Mills
Proposed fill activity be included under General Certifica-
tion for the above headwater.
Enclosed, location map & copy of application to Corps of
Engineers.
I met Mr. Heine at the site and he said I would receive a
letter from him.
Mr. Heine told me, I was required to obtain a Section 401
Water Quality Certification from the State of North Carolina
for NWP26 to be valid. He said I should furnish a copy of the
Certification with predischarge notification to the Corps of
Engineers, with the application.
Thank You

JAMES G, MARTIN
GOVERNOR
JAMES E. HARRINGTON
SECRETARY
Rt STA7F o
ly
aua ? `
STATE OF NORTH CAROLINA.
DEPARTMENT OF TRANSPORTATION
124 Division Drive
Wilmington, NC 28401
Phone [phone]
September 26, 1989
District 3, District 3
Brunswick County
Mr. William R. Muncy
Route 5 Box 79
Southport, NC 28461
DIVISION OF HIGHWAYS
GEORGE E. WELLS, P.E.
STATE HIGHWAY ADMINISTRATOR
Re: Driveway Permit - NC 211
Dear Mr. Muncy:
Attached is the approved copy of the subject Driveway
Permit. Please contact Mr. D. L. Thomas, Brunswick
County Highway Maintenance Engineer, at 754-6527, before
beginning work.
When the pipe is being installed by anyone other than
North Carolina Department of Transportation personnel, you
must call for an inspection of the pipe prior to
covering it up.
Very truly yours,
J. P. Cook
District Engineer
JPC/saz
Atta:
cc: Highway Maintenance Engineer
An Equal Opportunity/ Affirmative Action Employer
t. >
i
F + * DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NC 28402-1890
ATTN: CESAW-CO-E
INFORMATION SHEET - NATIONWIDE PERMIT 26
1. Nationwide permit 26 authorizes the discharge of dredged or fill material
which will cause the loss or substantial adverse modification of less than 10
acres of (i) non-tidal rivers, streams, and their lakes and impoundments,
including adjacent wetlands, that are located above the headwaters; and (11)
other non-tidal waters of the U.S., including adjacent wetlands, that are not
part of a surface tributary system (i.e., isolated waters). The district
engineer must be notified if the discharge will cause the loss or substantial
adverse modification of l to 10 acres of such waters.
2. The applicant shall not begin discharges requiring pre-discharge
notification under nationwide permit 26:
a. Until notified that the work may proceed under the nationwide permit
with any special conditions imposed by the district or division engineer, or
b. If notified that an individual permit may be required, or
c. Unless 20 days (calendar) have passed from the time the notification
is received by the district engineer and no notice has been received from the
district or division engineer.
3. Notification under NWP 26 must be in writing and include the following:
a. Name, address and phone number of applicant;
b. Location of the planned work;
c. Brief description of the proposed work, its purpose, and the
approximate size of the waters, including wetlands, which would be lost or
substantially adversely modified as a result of the work; and
d. Any specific information required by the nationwide permit and any
other information that the applicant believes is appropriate.
e. Applicant is required to obtain a Section 401 Water Quality
Certification from the State of North Caro r P 26 to a valid.
Applicant should furnish a copy of the certification with the pre-
discharge notification to the Corps of Engineers. To obtain a Section 401
certification, applicant should contact:
Mr. William Mills
Water Quality Section
Division of Environmental Management
N.C. Department of Natural Resources and Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
V?3-s - SoB?
v
PAU
DEPARTMENT.OF THE ARMY
WILMINGTON DISTRICT; CORPS OF ENGINEERS
P.O. BOX 1890
WtLMINGTON,_ NC 28402-1890 _
saw26--87- ATTN: CESAW-CO-E
'
PRE-DISCHARGE NOTIFICATION FORM FOR NATIONWIDE PERMIT 26
NOTES: If Item A.7. (below) is 10 acres or more or if any of the conditions
listed in Section B. (below) are not met, the applicant must submit an
individual permit application. Please contact the District for forms and
information.
Applicant is required to obtain a Section 401 Water quality Certification from
the State of North Carolina for NWP 26 to be valid. This certification
should be furnished with f.his pre-discharge notification.
PLEASE PRINT
T.
1. NAME
• 2. ADDRESS: /,4w7D 0/4/

3. PHONE NUMBER (HOME): r? Jc-/"? T (WORK):
4. LOCATION OF PLANNED WORK: COUNTY: ZIWSh
SPECIFIC LOCATION (INCLU E STREAM I$AMES, RO NUMBERS, ETC.):
?ur,CttoD ? ?s-p0 i,o7 ? ??
5. DESCRIPTION OF PROPOSED WORK:
6. PURPOSE OF PROPOSED WORK: rOL?? ?` -?.;-
7. APPROXIMATE SIZE OF WATERS AND WETLANDS WHICH WILL BE LOST OR
SUBSTANTIALLY ADVERSELY MODIFIED AS .A RESULT OF THE PROPOSED WORK (EXPRESS
IN TENTHS OF ACRES) : 15-01 8. INFORMATION THAT THE APPLICANT BELIEVES IS APPROPRIATE:
s

C. MANAGEMENT PRACTICES. THE FOLLOWING MANAGEMENT PRACTICES SHALL BE..
FOLLOWED TO THE MAXIMUM EXTENT PRACTICABLE. FAILURE TO COMPLY WITH THESE
PRACTICES MAY BE CAUSE FOR REQUIRING AN INDIVIDUAL PERMIT. APPLICANT
SHOULD PROVIDE EXPLANATION FOR MANAGEMENT PRACTICES NOT ME T.
MEAT NOT MET
1. DISCHARGE OF DREDGED OR FILL MATERIAL INTO WATERS l?1 [ ]
OF THE UNITED STATES SHALL BE AVOIDED OR MINIMIZED
THROUGH THE USE OF OTHER PRACTICAL ALTERNATIVES.
2. DISCHARGES IN SPAWNING AREAS DURING SPAWNING [(01 ( )
SEASONS SHALL BE AVOIDED.

3. DISCHARGES SHALL NOT RESTRICT OR IMPEDE THE [ ( ]
MOVEMENT OF AQUATIC SPECIES INDIGENOUS TO THE WATERS OR
THE PASSAGE OF NORMAL OR EXPECTED HIGH FLOWS OR CAUSE
THE RELOCATION OF THE WATER (UNLESS THE PRIMARY PURPOSE
OF THE FILL IS TO IMPOUND WATERS).
V
4. IF THE DISCHARGE CREATES AN IMPOUNDMENT OF WATER, I [ )
[
ADVERSE IMPACTS ON THE AQUATIC SYSTEM CAUSED BY THE
ACCELERATED PASSAGE OF WATER AND/OR THE RESTRICTION OF
ITS FLOW SHALL BE MINIMIZED.
?
/
5. DISCHARGE IN WETLAND AREAS SHALL BE AVOIDED. ( ]
[O
j
?
6. HEAVY EQUIPMENT WORKING IN WETLANDS SHALL BE PLACED [
[ ]
ON MATS.
/
7. DISCHARGES INTO BREEEDING AREAS FOR MIGRATORY (?J [ ]
WATERFOWL SHALL BE AVOIDED.

8. ALL TEMPORARY FILLS SHALL BE REMOVED IN THEIR-
ENTIRETY.
i
1
APPLICANT'S SIGNATURE ATE

L
9. DO YOU HAVE KNOWLEDGE OF THE EXISTENCE OF ENDA RED SPECIES ON OR'`
NEAR THE PROPOSED PROJECT AREA?''YES [ j NO [
IF YES, INDICATE WHAT SPECIES.''
10.• DO YOU HAVE KNOWLEDGE-OF HISTORIC PROPERTIES WHICH ARE LISTED OR
DETERMINED ELIGIBLE FOR LISTING ON THE NATIONAL REGISTER OF HISTORIC
PLACES THAT OCCUR IN THE VICINITY OF THE PROPOSED PROJECT? YES [ ] NO
11. WILL THE ACTIVITY INTERFERE WITH NAVIGATION? YES [ j NO [41f/.
B. CONDITIONS. THE FOLLOWING CONDITIONS MUST BE MET FOR THE NATIONWIDE
PERMITS TO BE VALID (33 CFR 330.5-.6):
1. DISCHARGE OF DREDGED OR FILL MATERIAL WILL NOT
OCCUR IN THE PROXIMITY OF A PUBLIC WATER SUPPLY
INTAKE.
MET NOT MET
2. DISCHARGE OF DREDGED OR FILL MATERIAL WILL NOT
OCCUR IN AREAS OF CONCENTRATED SHELLFISH PRODUCTION
UNLESS THE DISCHARGE IS DIRECTLY RELATED TO AN AUTHORIZED
SHELLFISH HARVESTING ACTIVITY.
3. THE ACTIVITY SHALL NOT SIGNIFICANTLY DISRUPT THE
MOVEMENT OF THOSE SPECIES OF AQUATIC LIFE INDIGENOUS TO
"THE WATERBODY (UNLESS THE PRIMARY PURPOSE OF THE FILL IS.
TO IMPOUND WATER).

4. DISCHARGE OF DREDGED OR-FILL MATERIAL SHALL CONSIST (YJ [ ]
OF SUITABLE MATERIAL FREE FROM TOXIC POLLUTANTS IN TOXIC
AMOUNTS.
5. ANY STRUCTURE OR FILL AUTHORIZED SHALL BE PROPERLY •[?J ( ]
MAINTAINED.
6. THE ACTIVITY WILL NOT OCCUR IN A COMPONENT OF THE ( ] ( ]
NATIONAL WILD AND SCENIC RIVER SYSTEM; NOR IN A RIVER
CURRENTLY DESIGNATED BY CONGRESS AS A "STUDY RIVER" FOR
POSSIBLE INCLUSION.
7. THE CONSTRUCTION )R OPERATION OF THE ACTIVITY WILL [? [ ]
NOT IMPAIR RESERVED TRIBAL RIGHTS.
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B-370mW F@11+ IJ?R1fMF@W1! - 473
LOCATION OF PRQPERTY: N. C. DEPARTMENT OF TRANSPORTATION
County Brbiiswick Access to Route No. NC 211 STREET AND DRIVEWAY ACCESS
0 Miles N S E W PERMIT APPLICATION.... .
Exact Distance 1.45 ? Feet 9:1 ? ?
From the Intersection of Route No. NC 211 and Route No. ,$R 1549 Toward SR 1500
PROPERTY WILL BE USED FOR: ? Special Commercial Regular Commercial ? Residential/Subdivision ? Other
PROPERTY ? is IN is not - within Any City Zoning Area.
PROPERTY IS LOCATED IN: a Rural ? Urban Development Classification
AGREEMENT
I, the undersigned property owner, request access and permission to construct driveway(s) or street(s) on public right-of-way at
the above location.
I agree to construct and maintain driveway(s) or street entrance(s) in absolute conformance with the current "Policy on Street and
Driveway Access to North Carolina Highways" as adopted by the North Carolina Department of Transportation.
I agree that no signs or objects will be placed on or over the public right-of-way.
I agree that the driveway(s) or street(s) will be constructed as shown on the sketch on (the reverse side) (the attached plans).
I agree that driveway(s) or street(s) as used in this agreement include any approach tapers, storage lanes or speed change lanes as
deemed necessary.
I agree that if any future improvements to the roadway become necessary, the portion of driveway(s) or street(s) located on public
right-of-way will be considered the property of the North Carolina Department of Transportation, and I will not be entitled to
reimbursement or have any claim for present expenditures for driveway or street construction.
I agree that this permit becomes void if construction of driveway(s) or street(s) is not completed within the time specified by the
"Policy on Street and Driveway Access to North Carolina Highways".
I agree to pay an installation fee for pipe installed by the Division of Highways or pay a $50 inspection fee for installation by others.
Make checks payable to NCDOT. The inspection fee will be reimbursed if application is denied.
I agree to construct and maintain the driveway(s) or street(s) in a safe manner so as not to interfere with or endanger the public
travel.
I agree to provide during construction proper signs, signal lights, flagers and other warning devices for the protection of traffic in
conformance with the current "Manual on Uniform Traffic Control Devices for Streets and Highways" and Amendments or
Supplements thereto. Information as to the above rules and regulations may be obtained from the Division Engineer.
I agree to indemnify and save harmless the North Carolina Department of Transportation from all damages and claims for damage
that may arise by reason of this construction.
I agree that the North Carolina Department of Transportation will assume no responsibility for any damages that may be caused to
such facilities, within the highway right-of-way limits, in carrying out its construction.
I agree to provide a Performance Bond in the amount specified by the Division of Highways for any construction proposed on the
State Highway system.
I AGREE TO NOTIFY THE DISTRICT ENGINEER WHEN THE PROPOSED WORK BEGINS AND WHEN IT IS COMPLETED.
Pipe Inspection INSTALLATION BY: ( ) NCDOT ( X ) OTHERS
Entrance Pipe Installation Satisfactory AMOUNT Fifty dollars and no/1O0---DollarsS 50.00
Width(s) Size Length Costs (Yes/No) RECEIV
t. 40 ,, 18" 50' $ N/A ,[ 6,so D . L . Thomas HME 09-20-89
SIGNATURE (TITLE) DATE
2. INSPECTION BY NCDOT
3. - S
SIGNATURE (TITLE) DATE
PROPERTY OWNER WITNESS
NAME 14i am R , unc NAME D . L . Thomas
SIGNATURE 1 SIGNATUR ? ?s7
ADDRESS Rt. 5 Box 79 Ocean L es ADDRESS P.O. Box 1450
Southport,NC 28461 Phone No. 457-4664 Shallotte, NC 28459
APPLICANT WITNESS
NAME NAME
SIGNATURE Same SIGNATURE Same
ADDRESS ADDRESS
Phone No.
10-1-86 NOTE: Submit Four Copies of Application to Local District Engineer, N.C. Department of 1 ransportat?on TEB 65-04