19900380 Ver 1_COMPLETE FILE_19900101

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State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor George T. Everett, Ph.D.
William W. Cobey, Jr., Secretary April 16 , 1990 Director
Mr. Tom Keith.
Tom Keith & Associates, Inc.
121 S. Cool Spring Street
Fayetteville, North Carolina 28301
Dear Mr. Keith:
Subject: Proposed Fill in Headwaters or Isolated Wetlands
Tom Keith
Bladen County
Upon review of your request for Water Quality Certification
to place fill material in an isolated wetland area near White
Lake, we have determined that the proposed fill can be covered by
General Water Quality Certification No. 2176 issued November 4,
1987. 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
Fayetteville Regional Office
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
-N• 1
Tom Keith
& Associates, Inc.
REAL ESTATE APPRAISERS & CONSULTANTS
Tom J. Keith, MAI
M. Allen Hair
John E. Haynes
John H. Ploeger
Richard T. Norris
D. Keith McDonald
J. Larry Hogan, Ph. D.
March 27, 1990
Mr. William Mills
Water Quality Section
Division'of Environmental Management
North Carolina Department of Natural Resources
and Community Development
PO Box 27687
Raleigh, NC 27611-7687
C?.
Re: Request for Section 401 Water Quality Certification for
Nationwide Permit #26 in Isolated Wetlands Area
Dear Mr. Mills:
I have attached a map showing the areas I would like to
apply for a permit authorizing the discharge of fill material
in the isolated wetland area. This is a tract of land which I
inherited some years ago and I have constructed a lake house
as indicated on the map. The roads and the land along the
lake front were filled in several years ago.
I would like to perform these proposed fill activities
for the purpose of landscaping the area between the house and
US 701/NC 41 highway. This area is impractical to maintain at
the present time and I would like to prepare it so I can mow
the grass and landscape the area with trees, shrubs, etc.
I would like to obtain a Section 401 water quality
certification under the general certification criteria for
filling in isolated wetlands or fill above the headwaters.
I have enclosed a location map for your reference and if
I can answer any questions please don't hesitate to call.
Respectfully submitted,
- 7 `Z
121 S. Cool Spring Street
Fayetteville, INC 28301
[phone]
Fred R. Keith, LLD 1970 - 1988
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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 (ii)
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 1 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 Carolina for NWP 26 to be 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
r,
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, 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 this pre-discharge notification.
PLEASE PRINT
A.
1. NAME : p`r?! AC _
2. ADDRESS: Coe, f?2/tea S?
Fp4z ea (e- 4, e , /t/ G Z83 d /
3. PHONE NUMBER (HOME): 4W- 51 3' ??d'U (WORK): y _-32-9 .3 Z- Z 2
4. LOCATION OF PLANNED WORK: COUNTY: &
SPECIFIC LOCATION (INCLUDE STREAM NAMES, ROAD NUMBERS, ETC.): US 70
_ ? .? /1/0.2 T?.S? S, o<_- ? ?- Gsr.?E f=oU,sZ f-?c? arf?.r ??/?s i
5. DESCRIPTION OF PROPOSED WORK: Al
./e1/L'o GD?L /?t?/2 /?oJF !.>/= AND 'A/?i.vC xie.E?
6. PURPOSE OF PROPOSED WORK: Al V =L4
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) : 2, G /1__
8. INFORMATION THAT THE APPLICANT BELIEVES IS APPROPRIATE:

9. DO YOU HAVE KNOWLEDGE OF THE EXISTENCE OF ENDANGERED SPECIES ON OR
NEAR THE PROPOSED PROJECT AREA? YES [ ] NO J K
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 X]
11. WILL THE ACTIVITY INTERFERE WITH NAVIGATION? YES [ ) NO Y\'
B. CONDITIONS. THE FOLLOWING CONDITIONS MUST BE MET FOR THE NATIONWIDE
PERMITS TO BE VALID (33 CFR 330.5-.6):
' MET NOT MET
1. DISCHARGE OF DREDGED OR FILL MATERIAL WILL NOT [ l ( ]
OCCUR IN THE PROXIMITY OF A PUBLIC WATER SUPPLY
INTAKE.
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 [X]
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 [X) [ )
OF SUITABLE MATERIAL FREE FROM TOXIC POLLUTANTS IN TOXIC
AMOUNTS.
5. ANY STRUCTURE OR FILL AUTHORIZED SHALL BE PROPERLY n(l [ ]
MAINTAINED.
6. THE ACTIVITY WILL NOT OCCUR IN A COMPONENT OF THE x] [ ]
NATIONAL WILD AND SCENIC RIVER SYSTEM; NOR IN A RIVER
CURRENTLY DESIGNATED BY CONGRESS AS A "STUDY RIVER" FOR
POSSIBLE INCLUSION.
7. THE CONSTRUCTION OR OPERATION OF THE ACTIVITY WILL (f [ ]
NOT IMPAIR RESERVED TRIBAL RIGHTS.

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 MET.
MET, NOT MET
1. DISCHARGE OF DREDGED OR FILL MATERIAL INTO WATERS [? [ ]
OF THE UNITED STATES SHALL BE AVOIDED OR MINIMIZED
THROUGH THE USE OF OTHER PRACTICAL ALTERNATIVES.
2. DISCHARGES IN SPAWNING AREAS DURING SPAWNING
SEASONS SHALL BE AVOIDED.
y\rl/l t ]
3. DISCHARGES SHALL NOT RESTRICT OR IMPEDE THE (x
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).
4. IF THE DISCHARGE CREATES AN IMPOUNDMENT OF WATER,] ( ]
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. (x] [ ]
6. HEAVY EQUIPMENT WORKING IN WETLANDS SHALL BE PLACED 1A [ ]
ON MATS.
7. DISCHARGES INTO BREEEDING AREAS FOR MIGRATORY ( ]
WATERFOWL SHALL BE AVOIDED.
8. ALL TEMPORARY FILLS SHALL BE REMOVED IN THEIR N/l.
[ j
ENTIRETY.
Ift" 4
eel
APPLICANT'S SIGNATURE DATE