19910096 Ver 1_COMPLETE FILE_19910202

STATE
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 March 22, 1991
William W. Cobey, Jr., Secretary
John G. Thomas
Thomas Engineering Consultants
P.O. Box 1309
New Bern, NC 28560
George T. Everett, Ph.D.
Director
Dear Mr. Thomas:
Subject: Proposed Fill in Headwaters or Isolated Wetlands
Development Project
Craven:County
Upon review of your request for Water Quality Certification
to:p ace fill material in 3.1:acres of wetlands for development
we.:have determined that the. proposed.-f.ill can .be covered by7,4
General Water Quality Certification No. 2176 issued November 4,
198726A 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,

/up George T. Everett
GTE: JD
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Regional Office
Washington Regional Office
Ntr . John Dorney
Central Files
Pollution Prevendon Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

GENERAL CERTIFICATION
THIS GENERAL 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
15NCAC2H, Section .0500.for the discharge of fill material
to navigable waters or adjacent wetlands areas which are
above the headwaters or to wetland areas that are not a part
of the surface tributary system to interstate waters or
navigable waters of the United States (i.e. isolated
wetlands) as described in 33 CFR 330.5(a) (26) of the Corps
of Engineers' regulations:. The category of activities shall
include any fill activity in these' headwaters and isolated
,
wetlands areas where the-'activitydoes-not, result in the
loss or substan.tial'modification=of 10" ':acres or more of
waters of the United" States, including.wetlands:
The State,, of North .:Carol na .certifies ''that` the
specified category of>.acti Itg::will riot" violate Sections
3011,_302, 303, 306-and 307`°of the`'PtYblc Laws `92-500 and
95-217 if conducted.;in .accordanceithY-"the conditions
hereinafter set forth.
Conditions of Certification:
1. , Proposed fill or substantial modification of 1 to
10 acres of such waters, including wetlands,
requires a written concurrence from the Division
of Environmental Management. Activities involving
less than one acre do not require written
concurrence.
2. Excluded from this General Certification are
discharges of fill in waters classified WS I, II,
or III (public water supplies) and SA (shellfish
waters). This exclusion also applies to fill in
wetlands adjacent to these waters. Discharge
proposed for these waters or wetlands must be
considered for certification on a case-by-case
basis;

- 2 -
3. That the discharge will consist of suitable
material free from toxic pollutants in other than
trace quantities;
4. That established erosion control practices are
utilized to prevent excessive increases in
turbidity and settleable solids concentrations in
the water body as a result of the discharge;
5. That the discharge of fill material shall be in
accordance with the conditions and management
practices specified by the Corps of Engineers in
33 CFR 330.5 and 330.6 for.nationwide permit
number 26.
Non-compliance°;with or violation of the conditions
herein set forth by a speci.fic.fill•project shall result in
revocation of this Certifcat?oii.for the:.,project.
.
The Director.: of. the North.;Carolina Division of:
77
Enviraiiaental Management *4yy- req. r$."submi- si'on of a_;.formar ,
application for `certification =for - any.:,: prof ect in.-this,,;
categoryof. activity:, it'is.determined?that the project
i's likely to have a significant' adverse effect upon water,
quality or degrade the waters so that existing uses are.
precluded.
Public Hearings may be held for specific applications
or group of applications prior to Certification if deemed in
the public's best interest by the Director of the North
Carolina Division of Environmental Management.
iet /
This the day of o?'`s!!f*, 4,e r
i
DIVISION OI? ENVIR,*NI ENT)& MANAGEMENT
By
R. Paul Wilms, Director
{. 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
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS k
P.O. BOX 1890 9r
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 certificatio
should be furnished with this pre-discharge notification.
PLEASE PRINT
A. SAM WHITEHURST
1. NAME:
2. ADDRESS: C/O THOMAS ENGINEERING CONSULTANTS, P.A., P.O. BOX 1?09
NEW BERN NORTH CAROLINA 28560
3. PHONE NUMBER (HOME): (WORK): [phone]
4. LOCATION OF PLANNED WORK: COUNTY. CRAVEN
SPECIFIC LOCATION (INCLUDE STREAM NAMES, ROAD NUMBERS, ETC.)
EAST OF INTERSECTION OF N.C. 55 & SR 1600
5. DESCRIPTION OF PROPOSED WORK: UNDERCUTT UNSUITABLE SOILS A D REPLACE
WITH STRUCTURAL FILL FILLING OF ISOLATED 404 WETLANDS
6. PURPOSE 'OF PROPOSED WORK: COMMERCIAL DEVELOPMENT
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): 3.1 ACRES 3 SEPARATE AREAS?
._._.8._....INFORMATION THAT THE APPLICANT BELIEVES IS APPROPRIATE: .
PORTIONS OF THESE WETLANDS WERE CREATED BY THE STATE
nrnnnTRerKI /1f TP11.111??Tnr??.. . ... _ 11f1T 1T\It-I1 1 Illl n-k Its M, 1 T-^.1
s
9. DO YOU HAVE KNOWLEDGE OF THE EXISTENCE OF ENDANGERED SPECIES ON OR
* NEAR THE PROPOSED PROJECT AREA? YES [ ] NO [x]
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 [X]
B. CONDITIONS. THE FOLLOWING CONDITIONS MUST BE MET FOR THE NATIONWIDE
PERMITS TO BE VALID (33 CFR 330.5-.6):
HET NOT MET
1. DISCHARGE OF DREDGED OR FILL MATERIAL WILL NOT [X] [ ]
OCCUR IN THE PROXIMITY OF A PUBLIC WATER SUPPLY
INTAKE.
2. DISCHARGE OF DREDGED OR FILL MATERIAL WILL NOT [X] [ ]
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 1x] [ ]
OF SUITABLE MATERIAL FREE FROM TOXIC POLLUTANTS IN TOXIC
AMOUNTS.
• 5. ANY STRUCTURE OR FILL AUTHORIZED SHALL BE PROPERLY ] [ ]
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 [] [ ]
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- ET
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 _[X] _ [
SEASONS SHALL BE AVOIDED.
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,- (xi [
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. ( [?
6. HEAVY EQUIPMENT WORKING IN WF,TLANDS SHALL BE PLACED [XI [
ON MATS.
7. DISCHARGES INTO BREEEDING AREAS FOR MIGRATORY [X] [
WATERFOWL SHALL BE AVOIDED.
8. ALL TEMPORARY FILLS SHALL.BE REMOVED THEIR [XI [
ENTIRETY. /
l?
/APPL'ICANT'S SIGNATURE
1
•

THOMAS ENGINEERING CONSULTANTS, P.A.
POST OFFICE BOX 1309
NEW BERN, NORTH CAROLINA 28560
[phone]
January 30, 1991
Mr. William Mills
Water Quality Section
Division,of Environmental.Management
Raleigh, N.C. 27611--7687
s
FEB 199,

FEDERAL EXPRESS
RE: Whitehurst Tract
Craven County
90075
Dear Bill,
Please find enclosed a copy of the Pre-discharge Notification
form for Nationwide Permit 26 as sent to the Corp of
Engineers for approval. We are requesting that the proposed
filling of wetlands on the subject tract be included under
the general certification to fill in isolated wetlands.
Enclosed.is a site plan with vicinity map. If you have any
questions or comments, please do not hesitate to contact me.
Sincerely,
ENGINEERING CONSULTANTS, P.A.
J hn G. Thomas, P.E.
JGT/nj
copy: Debra Sawyer - Washington Regional
Enclosure

' .I%
DIVISION OF ENVIRONMENTAL MANAGEMENT
U.S. ARMY COE 404 PUBLIC NOTICE OR NATIONWIDE PERMIT APPLICATION REVIEW
'404' PUBLIC NOTICE:
NATIONWIDE PERMIT:
PROJECT NAME:
COUNTY: STREAM OR ADJACENT WATER BODY:_
BAS IN : ?[-,C L(
PROJECT DESCRIPTION:
WATER QUALITY CERT. (401)
CERT. REQ'Ds 1 (Y OR N)
IF YES: G NERAL CERT:_(Y OR N)
TYPE GEN: aj2o *4 s-G INDIVIDUAL CERT:_
(BULKHE , BOAT RAMP, ETC.)
CLASS:
(Y OR N)
(Y OR N) # Z?
175 e n ?.. /l
ASSIGNED TO:
DATE APP. REC'D.: (YY/MM/DD)
INITIAL REPORT: (YY/MM/DD) RECOMMENDATION :
FINAL REPORT• D ! Y (YY/MM/DD) (ISSUE/DENY/OTHER)
SEWAGE DISPOSAL
TYPE OF DISPOSAL PROPOSED:

(EXISTING, PROPOSED SEPTIC
TO BE PERMITTED BY: (DEM, DHS, CO
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE?_
WATER/WETLAND FILL
AREA OF FILL: WATER:
WETLAND : -13 . / Gt nod
IS FILL ELIMINATING A SIGNIFICANT USE? (Y OR N)
DREDGING
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF
RESOURCE? (Y OR N)
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? - (Y OR N)
SEQUENCING
IS SEQUENCING REQUIRED? ?(Y OR N)
PRACTICABLE ALTERNATIVE? (Y OR N)
MINIMIZATION OF IMPACTS? (Y OR N)
MITIGATION PROPOSED? (Y OR N)
RECOMMENDED CONDITIONS OR PERMIT RESTRICTIONS:
cc: WaRO - Mills - Central Files - COE
PROJECT #:

OS
f
Or
THOMAS ENGINEERING CONSULTANTS, P.A.
POST OFFICE BOX 1309
NEW BERN, NORTH CAROLINA 28560
[phone]
January 30, 1991
Mr. William Mills
Water Quality Section
Division of Environmental Management
Raleigh, N.C. 27611--7687
RE: Whitehurst Tract
Craven County
90075
Dear Bill,
FEDERAL EXPRESS
N OPIPICE
PEe 5 1991
b.
Please find enclosed a copy of the Pre-discharge Notification
form for Nationwide Permit 26 as sent to the Corp of
Engineers for approval. We are requesting that the proposed
filling of wetlands on the subject tract be included under
the general certification to fill in isolated wetlands.
Enclosed is a site plan with vicinity map. If you have any
questions or comments, please do not hesitate to contact me.
Sincerely,
INEERING CONSULTANTS, P.A.
G. Thomas, P.E.
JGT/nj
copy: Debra Sawyer - Washington Regional
Enclosure