19910057 Ver 1_COMPLETE FILE_19910202

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Branch
June 20, 1991
Action ID. 199102207, Nationwide Permit No. 26
Mr. Rodman Lancaster
4415 Arendell Street
Morehead City, North Carolina 28557
Dear Mr. Lancaster:
Reference Mr. Ronald Cullipher's letter dated May 21, 1991 (enclosed)
concerning your request to fill 22,517 square feet of wetlands above the
headwaters of Hull Swamp on your property located adjacent to U.S. Highway 70,
east of Morehead City, Carteret 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 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 an 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 12 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. Steve Chapin, Regulatory
Branch, telephone [phone].
Sincerely,
G. Wayne Wright
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
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Jim Gregson
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Mr. Ronald D. Cullipher
Stroud Engineering, P.A.
Hestron Plaza One
Suite 102
Morehead City, North Carolina 28557

State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor
William W. Cobey, Jr., Secretary
Ronald D.__Cullipher
Stroud Engineering
Hestron Plaza One
Suite 102
Morehead City, N.C. 28557
May 16, 1991
George T. Everett, Ph.D.
Director
Dear Mr. Cullipher:
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed commercial development
Carteret County
Attached hereto are two (2) copies of Certification No.
2599issued to Dr. Rodman Lancaster dated May 16. 1991.
If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
Attachments
&J"_ 9`-k
George T. Everett
Director
cc: Wilmington District Corps of Engineers
Wilmington DEM Regional Office
Mr. John Dorney
Mr. John Parker
Central Files
Regional Offices
Asheville Fayetteville Mooresville Raleigh Washington Wilmington
704/251-6208 919/486-1541 704/663-1699 919/733-2314 919/946-6481 919/395-3900
Winston-Salem
919/761-2351
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626.0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
J ..'-A
NORTH CAROLINA
Carteret 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 Dr. Rodman Lancaster pursuant to an application filed on the
22nd day of March, 1991 to fill wetlands along Hull Swamp for
commercial development.
The Application provides adequate assurance that the
discharge of fill material into the waters of Hull Swamp in con-
junction with the proposed commercial development in Carteret
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 25 NTU's or less are not
considered significant).
2. Fill shall be as shown on your letter of March 22,
1991.
3. Deed restriction which prohibit further wetland
fill shall be placed on the remaining wetlands on
the site.
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 16th day of May, 1991.
DIVISION OF ENVIRONME TAL AGEMENT
George T. Everett, Director
WQC# 2599

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P.O. DRAWER 196 PHONE [phone]
JACKSONVILLE, N.C. 28541-0196
TC 22
71r Advertising Is An Investment
To Increase Your Profits.
N.C. Division of Environmental Man.
Water Quality Section
P.O. Box 27687
Raleigh, NC 27611-7687
ATTN: John Dorney
0 ASSURE PROPER CREDIT - PLEASE RETURN TOP PORTION WITH REMITTANCE
ADVERTISING INVOICE
INVOICE DATE ACCOUNT NO.
4-22-91 7088
AMOUNT PAID
DISCOUNT
4000UNT NUMBER CURRENT PAST DUE 31 60 DAYS PAST DUE 61 - 90 DAYS •
7088 24.36
DATE DESCRIPTION INCHES/LINES RATE CHARGES CREDIT
-15-91 Rodman Lancaster--W.Q. Certification
199+1 42 ,58 24.36
-
NVOICE DATE: April 22, 1991 TOTAL ? 24.36

??iEV10US BALANCE ADJUSTMENTS
.. TOPREV BAS ADJUSTED PREY. BAL. NEW CHARGES CREDITS BALANCE DUE
(+) + 24.36 = 24.36
t1 TO - - j? - This statement is due on the 10th of the month following dateublication. A monthly -
finance charge of 1.5% per month (which is an annual percentage rate of 18%)
- will be applied to the unpaid balance.
er 1,96 JacKsonvtlle N C'28541-0196
a::. THANK Y0111
f+oRn y 'a1111IF'
nos Irt
t?lorur Car-
o11M hea app?sd fo the North
Caroire Division of 8whonrrerrlal
Menerenterrt llkw a blaow QueUy
Osrtllfratlon puraLaft to Section
401 of the- Federal Chan vllater
Act and Envimnmental Manage-
ment? Commission rules in 15A
NCACR 2H .0500? The activity for
which, the certiftcatIon Is sought is
the placement of fill- material Into
the wetlands near Hull Swamp in
"conjunction with "construction `of 'I
April 15, NORTH CAROLINA
development In Carteret County.
The public Is-, Invited to comment
on `the above mentioned' applica-
tion to the Division of Environmen-
.tat Management Comments shall
be in writing and shall be received,
by the, Division no. later than May
13, 1991. Comments should be
sent -to N. C.. Division, of Environ-
mental Managemeit,.Water Quality
PlanrLing;'9t.0'Efice Box,27687,
Raleigh, Hroth Carolina 2761,1, At-
tertion:,;.,lohn Domey. A :copy of i
the application is on file at,the DI-
vision office at 127 Cardinal DrIve
'Ext. V11rhington-North Carolina
26402-3845:jVY8mington Regional
Office) during norirlal business
hours and may be inspected by the
public.
Dates April 12, 1991
George T. Everett, Director
North Carolina Division of
Environmental Management
ONSLOW COUNTY
AFFIDAVIT OF PUBLICATION
Before the undersigned, a Notary Public of said County and State,
duly commissioned, qualified, and authorized by law to administer
oaths,
personally appeared __.Quincy Wilmoth
------ ------------------------------
__---------------------- who being
first duly sworn, deposes and says: that he (she) is --------- ---------
Business manager
_------------- --------------------------------------•-
(OWNER, PARTNER, PUBLISHER, OR OTHER OFFICER OR EMPLOYEE
AUTHORIZED TO MAKE THIS AFFIDAVITI
of THE JACKSONVILLE DAILY NEWS COMPANY, engaged in the
publication of a newspaper known as THE DAILY NEWS, published,
issued, and entered as second class mail in the City of Jacksonville,
in said County and State; that he (she) is authorized to make this af-
fidavit and sworn statement; that the notice or other legal adver-
tisement, a true copy of which is attached hereto, was published in
THE DAILY NEWS on the following dates:
- _. -__--------------------------------
- - --- ---------------------------
and that the said newspaper in which such notice, paper, document,
or legal advertisement was published was, at the time of each and
every such publication, a newspaper meeting all of the requirements
and qualifications of Section 1-597 of the General Statutes of North
Carolina and was a qualified newspaper within the meaning of Sec-
tion 1-597 of the General Statutes of North Carolina.
This 22nd day off?Pfril n 19 91
ARE OFPERS6 MAKING AFFIDAVIT)
Sworn to and subscribed before me,
April 19 9l
22nd
of
NOTARY PUBLIC''
My Commission expires: - 1 -?

PtuuR M0718El1LIOd y allimmat
W. Rm ' - Lowasom Nam Car-
ordlis, has applsd to the North
Carolina Division of Environmental
Management for a- Water' Quality
Certification pursuant to Section
401 `of ,the Federal- Clean Water
Act and Environmental Manage-
ment Commission ' rules Im '15A
NCAG 2H .05W. The activity for
which the certiflcation is,sought is
the placement of fill material Into
the wetlands near. Huil Swamp in
conjunction wit1T construction of
development in Carteret County:
The public Is. l6vited to comment
on -the: above mentioned applica-
tlon to the Division, of Environmen-
tal Management-• Comments shall
be inwritingrand shalt-be received
by. the Division no later than 'May
13, 1991. Comments-'should"be
sent to N. C-Division of Environ-
mental Management, Water Quailty
,Planning, Post Office Box 27687,
Raleigh, Nroth Carolina;27611; At-
tention: John Domeyi Acopy, of
the application is on file at the DI
vision office at 127 Cardinal Drive
Office) during normal'' business
hours and msy be Inspected by the
public.
Date: April 12, 1991
George T. Everett, Director
North Carolina Division of
Environmental Management
April 15, 199,1
NORTH CAROLINA
ONSLOW COUNTY
AFFIDAVIT OF PUBLICATION
Before the undersigned, a Notary Public of said County and State,
duly commissioned, qualified, and authorized by law to administer
oaths,
personally appeared ___. _Q_uincc? Wilmoth ----
._-------------------------- who being
first duly sworn, deposes and says: that he (she) is ----------------.-
Business Manager
__.. _?---------- --------------------------------------•-
(OWNER, PARTNER, PUBLISHER, OR OTHER OFFICER OR EMPLOYEE
AUTHORIZED TO MAKE THIS AFFIDAVIT%
of THE JACKSONVILLE DAILY NEWS COMPANY, engaged in the
publication of a newspaper known as THE DAILY NEWS, published,
issued, and entered as second class mail in the City of Jacksonville,
in said County and State; that he (she) is authorized to make this af-
fidavit and sworn statement; that the notice or other legal adver-
tisement, a true copy of which is attached hereto, was published in
THE DAILY NEWS on the following dates:
April 15, 1991
- --------------------------
and that the said newspaper in which such notice, paper, document,
or legal advertisement was published was, at the time of each and
every such publication, a newspaper meeting all of the requirements
and qualifications of Section 1-597 of the General Statutes of North
Carolina and was a qualified newspaper within the meaning of Sec-
tion 1-597 of the General Statutes North Carolina.
This 22nd day of
n 0
19 91
OF
Sworn to and subscribecefore rri"e ifh i ?? 22nd day of
Y
Apri 1 y9 91... g 1
-, NOTARY PUBLIC
ry' _
My Commission expires: -,
?
a* AWE
P.O. DRAWER 196 PHONE [phone]
" JACKSONVILLE, N.C. 28541-0196
7 0 ?
Advertising Is An Investment
To Increase Your Profits.
N.C. Division of Environmental Man.
Water Quality Section
P.O. Box 27687
Raleigh, NC 27611-7687
ATTN: John Dorney
TO ASSURE PROPER CREDIT - PLEASE RETURN TOP PORTION WITH REMITTANCE
ADVERTISING INVOICE
INVOICE DATE ACCOUNT No.
4-22-91 7088
AMOUNT PAI D
DISCOUNT
ACCOUNT NUMBER CURRENT PAST DUE 31 60 DAYS PAST DUE 61 90 DAYS PAST D'UE 91 OVER
7088 24.36
DATE DESCRIPTION INCHES/LINES RATE CHARGES CRE1
4-15-91 Rodman Lancaster-W.Q. Certification 42 .58 24.36
INVOICE DATE: Apri1 22; 1991 TOTAL ? 24.36

?ifs
PREVIOUS BALANCE
ADJT
T
O PR EM ©ALS

ADJUSTED PREV. BAL.

NEW CHARGES

CREDITS

BALANCE DU
L---J + L 24.36 24.36

Rem' TO Va * Aw? 1 h's suu cment is due on the. 10th of the month following date o f puhlication. A mon
I fin ance charge of 1.5"d. Per month (which is an annual percentage rate of 18%)
will he. a pplied to the unpaid halance.
P.O. Drawer 196 Jacksonville, N.C. 28541-0196 THP

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NORTH CAROLINA
Ott OF ONSLOW COUNTY
w?a?rrr
"North _ AFFIDAVIT OF PUBLICATION
>i1LnEmtal ;
??Q ?Ilty
n water . Before the undersigned, a Notary Public of said County and State,
Manage. duly commissioned, qualified, and authorized by law to administer
415A
or f- . Oaths
; ,
ought Is Quincy WiZrnoth
W,Into personally appeared --- ---
*p? In
- --- --------
------------
^nori, at
----
r ------ - --------------------------- who being
$hl
first duly sworn, deposes and says: that he (she) is _________
?elYad ;
-
Business Manager
----------------- -----------------
tYlt't'' (OWNER, PARTNER, PUBLISHER, OR OTHER OFFICER OR EMPLOYEE -------------
AUTHORIZED TO MAKE THIS AFFIDAVIT$
of THE JACKSONVILLE DAILY NEWS. COMPANY, engaged in the
publication of a newspaper known as THE DAILY NEWS, published,
issued, and entered as second class mail in the City of Jacksonville,
in said County and State; that he (she) is authorized to make this af-
fidavit and sworn statement; that the notice or other legal adver-
tisement,.a true co
uBt??ess py of which is attached hereto, was published in
? Ex THE DAILY NEWS on the following dates:
April 15, 1991
or -'---_ -----_ ___- -----------------------------------
of
ent?
and that the said newspaper in which such notice, paper, document,
or legal advertisement was published was, at the time of each and
every such publication, a newspaper meeting all of the requirements
and qualifications of Section 1-597 of the General Statutes of North
Carolina and was a qualified newspaper within the meaning of Sec-
tion 1-597 of the General Statutes North Carolina.
This 22nd day of April - 91
NOTARY PUBLIC
My Commission expires: A..
?
Sworn to and subscribecJ before me, this 22nd day of
Apri1 91 r
19r \1
DIVISION OF ENVIRONMENTAL
Date: April 11, 1991
To : "D.orney,
Planning Branch
Qh e? o
From: James H. Gregs n
`'s Y
Wilmington Re al Office
Through: Dave Adkins r
Wilmington a ional office
Subject: Regional Office Review and Recommendations
Application for Permit for Excavation and/or Fill
Project # 9007-Q
Lancaster Property, Highway 70
Carteret County
PROJECT DESCRIPTION: The applicant is requesting a 401
Certification to fill 22,517 sq. ft wetlands that the COE has
determined to be above the headwaters of Hull Swamp. This Office
recommended denial of an earlier request by the applicant to fill
1.75 acres of these wetlands. It is my understanding a site
visit was conducted by you and Dave Adkins along with Mr.
Lancaster and it is also my understanding an agreement was
reached at that time concerning the 401 Certification. This
office has no further comments concerning this project.
JHG:9007-Q.apr
cc: Wilmington Regional Office Files
Central Files
C7

ic_.. tA3
.1
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 April 2, 1991 George T. Everett, Ph.D.
Wilfiam W. Cobey, Jr., Secretary Director
Jacksonville Daily News ?1
Carteret County Bureau l
Route 2, NC-24
Cedar Point Village ate` ??
Emerald Isle, North Carolina d-3. \\?0
ATTN: Legal Ad Department ?-\-? 11
Dear Sir:
SUBJECT: Public Notice
Please publish the attached Public Notice one time in the
section set aside for Legal Advertisements in your newspaper.
The publication should run on or before April 12, 1991. Please
send the invoice for publication and three copies of the
affidavit of publication to the address given below. Payment
cannot be processed without the affidavit of publication.
N.C. Division of Environmental Management
Water Quality Section
P.O. Box 27687
Raleigh, N.C. 27611-7687
Attn: John Dorney
If you have any questions concerning this matter, please call
me at 919/733-5083.
Sincerely yours,
l? ? ?Q"-,
John Dorney
401 Certific ions
JRD/kls
PubNot.ltr
Attachment
cc: John Dorney
Jim Gregson, WIRO PoHudonPmmntlonPays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
t ..i L
4 ;n
NORTH CAROLINA DIVISION OF ENVIRONMENTAL
MANAGEMENT
PUBLIC NOTICE is hereby given that Mr. Rodman Lancaster,
North Carolina, has applied to the North Carolina Division of
Environmental Management for a Water Quality Certification
pursuant to Section 401 of the Federal Clean Water Act and
Environmental Management Commission rules in 15A NCAC 2H .0500.
The activity for which the certification is sought is the
placement of fill material into the wetlands near Hull Swamp in
conjunction with construction of development in Carteret County.
The public is invited to comment on the above mentioned
application to the Division of Environmental Management. Comments
shall be in writing and shall be received by the Division no
later than April 30, 1991. Comments should be sent to N. C.
Division of Environmental Management, Water Quality Planning,
Post Office Box 27687, Raleigh, North Carolina 27611, Attention:
John Dorney. A copy of the application is on file at the Division
office at 127 Cardinal Drive Ext., Wilmington, North Carolina
28402-3845 (Wilmington Regional Office) during normal business
hours and may be inspected by the public.
George T. Everett, Director
North Carolina Division of
DATE: April 2, 1991 Environmental Management
1 STROUD ENGINEERING, P.A.
CONSULTING ENGINEERS
HESTRON PLAZA ONE
SUITE 102
MOREHEAD CITY, NORTH CAROLINA 28557
[phone]
Mr. John Dorney
N.C.D.E.M.
P.O. Box 27687
Raleigh, North Carolina 27611-'
RE: Lancaster Subdivision Lot
Morehead City, North Carol
March 22, 1991

Dear Mr. Dorney,
Please find enclosed copy U" "J ??? ?/ ??? uest
map for the above referenc( C?? dman
Landcaster. The owner requestE ?• A e to
fill 22,517 sf of 404 wetlands -\"
If I can provide any additional informar ion, -__t me
know.
Sincerely,
I
Ro ald D. Cu lipher P.E.
RDC/kw
P.O. BOX 2697
107 COMMERCE ST. HESTRON PLAZA ONE 2400 N. CROATAN HWY.
SUITE B SUITE 102 SUITE B
GREENVILLE, NC 27858 MOREHEAD CITY, NC 28557 KILL DEVIL HILLS, NC 27948
[phone] [phone] [phone]