19910081 Ver 1_COMPLETE FILE_19910202

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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 27604
James G. Martin, Governor George T. Everett,''Ph.D.
William W. Cobey, Jr., Secretary Director
January 31, 1992
Regional Offices M. s. Gecholi.a Powell.
Asheville c/o Mr. Donnie Powell
704/251-6208 30 Temple Place
Fayetteville Irvington, New Jersey 07111
919/486-1541
Dear Ms. Powell:
Mooresville
704/663-1699
Subject: Proposed Fill in Headwaters or Isolated Wetlands
Raleigh Proposed field ditches
919/733-2314 Columbus County
Washington DELI Project 91858, CCE # 199200303
919/946-6481
Wilmington Upon review of your request for Water Quality Certification
919/395-3900 to place fill material in 2.0 acres of wetlands for field
drainage at SR 1910, in Columbus County, we have determined that
Winston-Salem the fill can be covered b General Water Qualit
919/896-7007 proposed Y Y
Certification No. 2671 issued January 21, 1992. 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 John Dorney
at 919/733-5083.
Sincerely,
e rge T. Everet
GTE:JD
Attachment
cc: Wilmington District Corps of Engineers
Wilmington DEM Regional Office
Mr. John Dorney
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 telephone [phone] / Pollution Prevention Pays
An 1i.,1ua1 Opr-wnity Af innau- Action Employer
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DIVISION OF ENVIRONMENTAL
MEMORANDUM
Date: January 23, 1992
To: John Dorney
Planning Branch
From: James H. Gregsow???-
Wilmington Regional Office
Through: Dave Adkins 041(
Wilmington Regional Office
?iyj,
`ZJ
Subject: Regional Office Review and Recommendations
Application for Permit for Excavation and/or Fill
Mr. Donnie Powell
Central Office Permit #91858
Columbus County
PROJECT DESCRIPTION: The applicant proposes to construct
drainage ditches in a two acre field with spoil material being
sidecast in the field.
ADJACENT WATER BODY: Palmetto Branch
CLASSIFICATION: CSw
The project has been reviewed to determine impacts to water
quality. The following comments have been provided.
1. The project will require a 401 Water Quality Certification.
2. The project complies with the General 401 Water Quality
Certification No. 2176 for Headwater Wetlands.
This office has no objection to the project as proposed.
cc: Wilmington Regional Office Files
Central Files

WETLAND RATING SYSTEM WORKSHEET
Project No. or descriptioncl 100 ?- V
Location
County C6(Ltv,b" s Nearest road or town t4l(S60Rl) AvCs2 0to
River basinl,, „6e&
Nearest stream pA{ppQ &Aftzt4 and classification CSc,,
Evaluator 6'R??soz-
Agency and address IE,?& U
Date and time evaluated t a' 00
Major Wetland Type WtA-_ RA-C
Approximate size of wetland system 3 acres
Approximate extent of wetlands in area acres
within miles
Three most common plant species (in order): x//4-
Soil Series (if known)
{qe
Hydrologic indicators Sonr-e
Direct surface hydrologic co ection? NO
Existing Conditions
Drainage
Disturbance (??e
Restoration potential
Restoration value I_..
Is site known to provide habitat for rare, endangered or
threatened species? Uo If so, list species observed or recorded.
Item No. Score (circ_e one)
I. Location/Landscape
1 Natural area buffer 5
2 Sensitive watershed 5 4 3 2 1 0
3 Dispersal corridor system 5 4 3 2 70 0
II. Ecological Values
4 Special ecological attributes 5 4 3 2 1
5 Wildlife habitat 5 4 3 2 0 0
6 Aquatic life 5 4 3 2 1 9V
7 Water storage 5 4 3 2 Q 0
8 Streambank stabilization 5 4 3 2 1 0)
9 Removal of pollutants 5 4 3 2 0 0
III. Human Values
10 Outdoor recreation/education 5 4 3 2 Q 0
11 Economic value 5 4 3 2 T) 0
Total score
Site description and notes: S , (S e , < S4?n-3 PZ fed .
13
?l
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO December 5, 1991
Regulatory Branch
Action ID No. 199200303, Nationwide Permit No. 26 (PDN)
Ms. Gecholia Powell
c/o Mr. Donnie Powell
30 Temple Place
Irvington, New Jersey 07111
Dear Mr. Powell:

cl
?e .s liy •.
On November 27, 1991,,,-you with Ms. Jean Benton of my st?Vou
Your proposed placement of this fill material may qualify for Federal
authorization pursuant to nationwide permit (33 CFR 330.5(a) (26)). Please
complete the forwarded pre-discharge notification (PDN) form and submit it
with a copy of your Section 401 Water Quality Certification from the North
Carolina Division of Environmental Management. The Section 401 Certification
is required to validate nationwide permit No. 26 in the State of North
Carolina; and therefore, it must be submitted with the PDN application.
mother's property locat1910, above the headwaters of Palmetto
Branch, near Hallsboro, ounty, North Carolina to determine what
permits you would need rior to the excavation of drainag e ditches.
The excavation of the dot require a permit, however, you mentioned
that the spoil material associated with the excavation will be sidecast to an
area next to the ditch. The excess material will require a Department of the
Army Section 404 permit.
We cannot proceed with the processing of your application until after we
have received your completed PDN form and the 401 Certification.
Questions or comments may be addressed to Ms. Jean Benton, Regulatory
Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
Mr. John.Dorney
Divis' n of Environmental Management
N qr-Eh Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. Gecholia Powell
Route 1, Box 238
Hallsboro, North Carolina 28422

DEPARTMENT OF THE ARMY
???
WILMINGTON DISTRICT, CORPS OF ENGINE
P.O. BOX 1890
WILMINGTON, NC 28402-1890 _..j
ILI }- C
ATTN: CESAW-CO-E
a
INFORMATION SHEET - NATIONWIDE PERMIT 26
1. Nationwide permit 26 can authorize 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.
Substantial adverse modification can include inundation, drainage, and
excavation. This notification is called a pre-discharge notification (PDN).
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 a completed pre-
discharge 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 should include the
following (omission of this information may result in an incomplete PDN):
a. Name, address and phone number of owner.
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.
d. Any specific information required by the nationwide permit and any
other information that the applicant believes is appropriate.
e. Signature of owner.
f. Plans showing the proposed work and the location of wetlands.
A#- -
g. Applicant is required to obtain a Section 401 'dater Quality
Certification from the State of North Carolina, Division of Environmental
Management, for NWP 26 to be valid. Applicant should furnish a copy of t
letter from DEM approving the 401 certification with the pre-discharge
notification to the Corps of Engineers. To obtain a Section 401
certification, applicant should contact:
Mr. John Dorney
Water Quality Section
Division of Environmental Management
NC Department of Environment, Health, and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Telephone [phone]

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NC 28402-1890
ATTN: CESAW-CO-E
Action ID: SAW26-
PRE-DISCHARGE NOTIFICATION FORM FOR NATIONWIDE PERMIT 26
NOTES: If the loss and substantial adverse modification of wetlands is 10
acres or more or if any of the conditions listed 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 OR TYPE
A.
1. OWNERS NAME : A
I ) ©n o 1 E R. Po Lue-11
2. OWNERS ADDRESS: -38 11-m ® it- )a P.F iz ki f n,cA -? ; Al r? ??
3. OWNERS PHONE NUMBER ( HOME) :;ZO -,3 ,5 y ( WORK) : QD $ 2_j-??q !) iZ 9a,
4. LOCATION OF PLANNED WORK : COUNTY : C_D i urn bas
NEAREST TOWN OR CITY: HCLI 15 boro
SPECIFIC LOCATION (INCLUDE STREAM NAMES, ROAD NUMBERS, ETC.):
14 '1 A -5 Ton 0 010 " 00! - _
uv?
5,. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): Ll A if\ 2 af-r
6. PURPOSE OF PROPOSED WORK: To &061 n *hi +-'I t- 1 &
7. APPROXIMATE SIZE OF WATERS AND WETLANDS WHICH WILL BE LOST OR
SUBSTANTIALLY ADVERSELY MODIFIED AS A RESULT OF THE PROPOSED WORK:
8. INFORMATION THAT THE APPLICANT BELIEVES•.IS APPROPRIATE:
REVISED AUG 1991

9. DO YOU HAVE KNOWLEDGE OF THE EXISTENCE OF ENDANGERED SPECIES ON OR
NEAR THE PROPOSED PROJECT AREA? YES [ ] NO ><
IF YES, INDICATE WHAT SPECIES.
r
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 X1
11. WILL THE ACTIVITY INTERFERE WITH NAVIGATION? YES [ ] NO K
B. CONDITIONS. THE FOLLOWING CONDITIONS MUST BE MET FOR THE NATIONWIDE
PERMITS TO BE VALID (33 CFR 330.5-.6):
MET NOT
1. DISCHARGE OF DREDGED OR FILL MATERIAL WILL NOT [
OCCUR IN THE PROXIMITY OF A PUBLIC WATER SUPPLY
INTAKE.
2. DISCHARGE OF DREDGED OR FILL MATERIAL WILL NOTJ [
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 [)(J [
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 [}?] [ ]
OF SUITABLE MATERIAL FREE FROM TOXIC POLLUTANTS IN TOXIC
AMOUNTS.
5. ANY STRUCTURE OR FILL AUTHORIZED SHALL BE PROPERLY [X] [
MAINTAINED.
6. THE ACTIVITY WILL NOT OCCUR IN A COMPONENT OF THE [X'J [
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 bQ [
NOT IMPAIR RESERVED TRIBAL RIGHTS.
8. THE MANAGEMENT PRACTICES LISTED BELOW HAVE BEEN [?Q [
FOLLOWED TO THE MAXIMUM EXTENT PRACTICABLE.

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.
Kq II
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).
4. IF THE DISCHARGE CREATES AN IMPOUNDMENT OF WATER, bQ [ ]
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. D4 [ ]
6. HEAVY EQUIPMENT WORKING IN WETLANDS SHALL BE PLACED ?Q [ ]
ON MATS.
7. DISCHARGES INTO BREEEDING AREAS FOR MIGRATORY [?] [ ]
WATERFOWL SHALL BE AVOIDED.
8. ALL TEMPORARY FILLS SHALL BE REMOVED IN THEIR [ ]
ENTIRETY.
OWNER'S SIGNATURE DATE
IF APPLICABLE:
AGENT'S NAME:
AGENT'S ADDRESS:
AGENT'S PHONE NUMBER:
AGENT'S SIGNATURE DATE

r
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO December 5, 1991
Regulatory Branch
Action ID No. 199200303, Nationwide Permit No. 26 (PDN)
Ms. Gecholia Powell
c/o Mr. Donnie Powell
30 Temple Place
Irvington, New Jersey 07111
Dear Mr. Powell:
`r? r\
On November 27, 1991, you m with Ms. Jean Benton of my sta Y u
mother's property locate of S.R 1910, above the headwaters of Palmetto
Branch, near Hallsboro, Columbu County, North Carolina to determine what
permits you would need o obt 'n prior to the excavation of drainage ditches.
The excavation of the dit s do not require a permit, however, you mentioned
that the spoil material associated with the excavation will be sidecast to an
area next to the ditch. The excess material will require a Department of the
Army Section 404 permit.
Your proposed placement of this fill material may qualify for Federal
authorization pursuant to nationwide permit (33 CFR 330.5(a) (26)). Please
complete the forwarded pre-discharge notification (PDN) form and submit it
with a copy of your Section 401 Water Quality Certification from the North
Carolina Division of Environmental Management. The Section 401 Certification
is required to validate nationwide permit No. 26 in the State of North
Carolina; and therefore, it must be submitted with the PDN application.
We cannot proceed with the processing of your application until after we
have received your completed PDN form and the 401 Certification.
Questions or comments may be addressed to Ms. Jean Benton, Regulatory
Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
Mr. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. Gecholia Powell
Route 1, Box 238
Hallsboro, North Carolina 28422
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NC 282402-1890
Action ID:
ATTN: CESAW-CO-E
SAW26-
PRE-DISCHARGE NOTIFICATION FORM FOR NATIONWIDE PERMIT 26
NOTES: If the loss and substantial adverse modification of wetlands is 10
acres or more or if any of the conditions listed 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 OR TYPE
A.
1. OWNERS NAME : Q n n IF, P\ . PD we,
2. OWNERS ADDRESS: 36 rim d le_ P if u T R V I Y1 2 tors
ALI
3. OWNERS PHONE NUMBER (HOME) :,20) ,3g9.gs 14 4 (WORK): q0 3-521-_359 1 6p, 4. LOCATION OF PLANNED WORK: COUNTY:
NEAREST TOWN OR CITY: Ho-I l5 by [1
SPECIFIC LOCATION (INCLUDE STREAM NAMES,
ROAD NUMBERS, ETC.):
DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): u ??- W jA jf1 X .
6. PURPOSE OF PROPOSED WORK: To d.rQ I n +hi ? 1 _ i
7. APPROXIMATE SIZE OF WATERS AND WETLANDS WHICH WILL BE LOST OR
SUBSTANTIALLY ADVERSELY MODIFIED AS A RESULT OF THE PROPOSED WORK:
8. INFORMATION THAT THE APPLICANT BELIEVES..IS APPROPRIATE:
REVISED AUG 1991