19900381 Ver 1_COMPLETE FILE_19900101

a STATF
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, Govemor George T. Everett, Ph.D.
William W. Cobey, Jr., Secretary Director
May 16,1990
Mr. H. Fahey Byrum
Route 3, Box 352
Edenton, NC 2.7932
Dear Mr. Byrum:
A
Subject: Proposed Fill of Rip Rap Material
Dillards Creek Millpond Dam
Chowan County..
Upon review of your request for Water Quality Certification
to place fill material in Dillard Creek to reconstruct the
:Millpond Dam, we, determined that the proposed fill can be
covered by General.Water Quality Certification No. 1663. A copy
of the General. Certification is attached. This Certification may
be used in qualifying for coverage under Corps of Engineers'
Nationwide Permit No. 3.
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
Washington Regional Office
Podutlon Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
March 15, 1990
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. CESAW-C090-D-021, Nationwide Permit d7 3 MpR1990
C"i
,•,... ;.;?
s W p,TER Q v
Mr. H. Fahey Byrum V ALITY
O Fanning Bran,
Route 3, Box 352 6' ct0
Edenton, North Carolina 27932 ??95 j7?2
\
Dear Mr. Byrum:
Reference your application of March 6, 1990, for Department of the Army
authorization to place stone riprap material to reconstruct a section of
Dillard Creek Millpond Dam to provide irrigation for adjacent croplands, on
property adjacent S.R. 1226, Chowan County, North Carolina.
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 the repair, rehabilitation, or replacement of any previously authorized,
currently serviceable structure or fill; or of any currently serviceable
structure or fill constructed prior to the requirement for authorization,
provided such work does not result in a deviation from the plans or use of the
original structure or fill.
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 contract 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.
Questions or comments may be addressed to Mr. Ernest Jahnke, Regulatory
Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Acting Chief, Regulatory Branch
Enclosure
-2-
Copies Furnished (without enclosure);
Mr. John Parker
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
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
Mr. David Griffin
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
Route 6, Box 203
Elizabeth City, North Carolina 27909
DF/CAMA/401 REV
PROJ4: ODga(o PROJECT: COUNTY: e'4h4Aj6 - REGION:
ASSIGNED TO: DEBORAH SAW ER JOINT NOTICE:// -
TYPE CERTIFICATION
404 PN 401 REQ:Y
CAMA ONLY: GC:
DF/CAMA SWPREQ:
RECEIVING STREAM:
COMMENTS : r/I: // ?+^®
P ? ?-??
RECOMMEND DATES
ISSUE: RECEIVED: f'oa?/9
DENY: INITIAL REPORT:
HOLD: FINAL REPORT: *&/A
CLASS:3 IVSu-) BASIN: CA-16
-Lee
`?? MAY 1s
ti 44- 90
FR
C-.-an
Copies: WaRO - Central - Mills:- DCM
Washington
Elizabeth City
Morehead City _
John Parker, Raleigh Central _
Route 3, Box 352
Edenton, NC 27932
March 6, 1990
Mr. William Mills
Water Quality Section
Division of Environmental Management
P 0 Box 27687
Raleigh, North Carolina 27611
Subject: H. Fahey Byrum stone dike (rip-rap) located 2 miles
west of Small's Croosroads at Dillard's Millpond..
just off SR 1226 in Chowan County (Route 3, Box 352,
Edenton, NC, 27932; home phone #[phone] - shop #221-
4342).
Dear Mr. Mills:
I am requesting from your office a 401 Water Quality Certifi-
cation for the placement of stone rip-rap at the old dam site won
Dillard's Millpond. The purpose is to repair the old dam and to
raise the existing water in the old millpond approximately 2 feet
to provide an irrigation source for community farmers.
Enclosed are drawings for the proposed work. Also, please
find a copy of the permit application to the Corps of Engineers
for a 404 Permit.
If I can provide further information, please advise.
Sincerely,
H. Fahey `$y
enclosures

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Please type or print. Carefully describe all anticipated
development activities, including construction, excava-
tion, filling, paving, land clearing, and stormwater con-
trol. If the requested information is not relevant to your
project, write N/A (not applicable). Items 1-4 and 8-9
must be completed for all projects.
1 Applicant
a. Name n /-_c
Address /'S o ?t , 3 &Y 3$2-.
City ev1 710? State Z e-
Zip Z7 S Z Day phone ZZI-- 4-442
Landowner or Authori zed agent
b. Project ame (if any) /D;l1cel-/ y IVII oond
c. If the applicant is not the landowner, also give the
owner's name and address.
2 Location of Proposed Project
a. Street address or secondary road number
SQ /ZZ(
b. City, town, community, or landmark
c. County CLtmW leAL
d. Is proposed work within city limits or planning
jurisdiction? /1/o
e. Name of body of water nearest project
3 Description and Planned Use
of Proposed Project
a. Describe all development activities you propose (for
example, b ilding a home, motel, marina, bulkhead,
or ir. ?cCC So Co'
el o d a S$j o
,*;rl
LcJGSLI?/ o (.(?_
If you plan to build a marina, also complete and
attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an
existing project, new work, or both?
1?e-w Wo,-&
C. Will the project be for community, private, or
commercial use? //
__ Con??s[u.?P.ty
d. Describe the planned use f the ??jjroject.
? 4 q? ? 4CEu.t C ?D LI/4.k?
4 Land and Water Characteristics
a. Size of entire tract ?Qrrl si`t`e ?eSS ?/lac. / O
b. Size of individual lot(s) A
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
d. Soil type(s) and texture(s) of tract //
,S-aw CA, /O[t /? h U!i IY/
e. Vegetation on tract npa e
f. Man-made features now on tract dP41-1he,, cY4?rJ
g. What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
Conservation Transitional
Developed Community
Rural Other
h. How is the tract zoned by to al government?
i. How are adjacent waters classified?
C
j. Has a professional archaeological survey been
carried out for the tract? No If so, by whom?
5 Upland Development /
Complete this section if the project includes any
Type and number of buildings, facilities, or
b. N ber of lots or parcels _
C. De ity ((3ive the number of
units r acre.)
d. Size of*rea to be graded or
e. If the pro sed project will c
acre of lan the Division of
receive an e sion and sedin
least 30 days fore land dis
If applicable, a sedimen
control plan be n submitt
Resources?
f. Give- the percenta e
mean high water to
surfaces, such as pa
g. List the materi als,
or concrete, to be
and the
isaft more than one
d Resources must
tation control plan at
rbing activity begins.
ttion and erosion
to the Division of Land
of a tract within 75 feet of
Overed by impermeable
ent, buildings, rooftops.
marl, paver stone, asphalt,
paved surfaces.
h. If applicable, hFas a stormwat r management plan
been submitte? to the Division f Environmental
i. Describe pr*, sed sewage dispos and/or waste
water trea ent facilities.
j. Have ese facilities received state or loc approval?
k. Describe existing treatment facilities.
Describe location and type of discharges to waters
the state (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down").

m. Water supply so
n. If the project is oce nt dev pment, describe
the steps that will be tak t aintain established
public beach accessways rovide new access.
o. If the pro* is on the oceanfront, what wi be the
rst ha 'tabl
elevation ve mean sea level of the fi
floor?
6 Excavation and Fill Information
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
Length Width Depth
Access channel
OVR-V) or (NWL)
Boat basin
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetland or t1ow
MHW (R: P)
Upland fill
areas
?O 36
b. Amount of material to be excavated from below
water level in cubic yards Non e-
c. Type of material
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
e. High ground excavation, in cubic yards
tV/A
f. Dimensions of spoil disposal area
W
g. Location of spoil disposal area -
h. Do you claim title to the disposal area? I
If not, attach a letter granting permission from the
owner.
i. Will a disposal area be available for future
maintenance? N/A
If so, where?
j. Does the disposal area include any marshland,
swamps, or water areas?
-- f
k. Will the fill material be placed below mean high
water? raeS
1. Amount of fill in cubic yards .60
m. Type of fill material ock 122
n. Source of fill material Co/I bUe__1oIr
o. Will fill material be placed on marsh or other
wetlands? on u ;/7 &J a
p. Dimensions of the wetland to be filled
?o`X 30?
q. How will excavated or fill material be kept on site
and erosion controlled?
r. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)? 13 u!/a/oz e r fo D/ ro
rro C-Ls
s. Will wetlands be crossed in transporting equipment
to project site? N If yes, explain steps that will
be taken to lessen environmental impacts.
7 Shoreline Stabilization
a. Length of bulkhead
c. Shoreline en during preceding 12 morphs, in
d. Type of bulkhead
e. Amount of fill, in cubic y s, io!e placed below
mean high water _.
f. Type of fill
8 Additional Information
In addition to the completed application form, the follow-
ing items must be submitted:
A copy of the deed (with state application only) or other
instrument under which the applicant claims title to the
affected property. If the 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. .
An accurate work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
1/2 x 11 white paper. (Refer to Coastal Resources
Commission Rule 7J.0203 for a detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
.prints or other larger plats are acceptable only if 16 high
quality copies are provided by applicant. (Contact the
U.S. Army Corps of Engineers regarding that agency's
use of larger drawings.) A site or location map is a part
of plat requirements and it must be sufficiently detailed
to guide agency personnel unfamiliar with the area to the
site. Include county road (SR) numbers, landmarks, and
the like.
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the ad-
jacent waterfront (riparian) landowners. These in-
dividuals have 30 days in which to submit comments on
the proposed project to the Division of Coastal Manage-
ment and should be advised by the applicant of that op-
portunity.
b. Average distance waterway mea h water or
normal water level

Name G(?Ct l?er, 4,q e.
Address g4e
?yrte.-, ?e. z??8o
Name
Address
Name
Address
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
A check for $100 made payable to the Department of
Natural Resources and Community Development to
cover the costs of processing the application.
A signed AEC hazard notice for projects in oceanfront
and inlet areas.
A statement on the use of public funds. If the project
involves the expenditure of public funds, attach a state-
ment documenting compliance with the North Carolina
Environmental Policy Act (N.C.G.S. 11 3A-1 to 10).
9 Certification and Permission
to Enter on Land
Any permit issued in response to this application will
allow only the development described in the application.
The project will be subject to conditions and restrictions
contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's ap-
proved Coastal Management Program and will be con-
ducted in a manner consistent with such program.
I further certify that I am authorized to grant, and do in
fact, grant permission to representatives of state and
federal review agencies to enter on the aforementioned
lands in connection with evaluating information related
to this permit application and follow-up monitoring of
project.
This is the _2Z day of , 190 .
X /V
Landowner or Othori?zd