19910098 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 27611
James G. Martin, Govemor March 26, 1991 George T. Everett, Ph.D.
Wtiiiam W. Cobey, Jr., Secretary Director
Mr. John Wilcox
1.95 Lima Road
New Bern, North Carolina 28562
Dear Mr. Wilcox:
Subject: Proposed Fill in Headwaters or Isolated Wetlands
Pond dike near stream
Craven County
Upon review of your request for Water Quality Certification
to place fill material in 1500 ft.2 of wetlands for pond dike, 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 John Dorney
at 919/733-5083.
Sincerely,
George T. Everett
GTE:JD
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Regional Office
Washington DEM Regional Office
Mr. John Dorney
Central Files
Pogutlon Pm en8on Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Emplover
Y
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 CPR 330.5(a)(26) of the Corps
of Engineers' regulations. The category of--alctivities shall
include any fill activity in these headwaters-'and isolated
wetlands areas where the activity does not result in the
loss or substantial modification of 10:acres,,or more of
waters of the United States, ncluding'wetlands`
The State of North Carolina certifies that the
specified category of activity will not violate Sections
301, 302, 303, 306 and 307 of the Public Laws 92-500 and
95-217 if conducted in accordance with 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;
v
2 -
3. That the discharge will consist of suitable
material free from toxic pollutants in other than
trace quantities;
y 4. That established erosion control practices are
utilized to prev nt excessive increases in
turbidity and settleable solids concentrations in
the water body a a result of the discharge;
5. That the dischar a of fill material shall be in
accordance with he 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 o violation of the conditions
herein set. forth by a specific fill project shall result in
revocation of this Certification for-the project.
The Director of the-North Carolina Division of
Environmental Management may require submission of a formal
application for certification for any project in this
category of activity, if i is determined that the project'
is 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 Envir nmental Management.
This the day of
fti.• G
DIVISION OED ENVIRQ1N FA NT MANAGEMENT
R.,Paul Wilms, Director

.'N DIVISION OF ENVIRONMENTAL MANAGEMENT
U.S. ARMY COE 404 PUBLIC NOTICE OR NATIONWIDE PERMIT APPLICATION REVIEW
PROJECT NAME:
COUNTY: Cit,?„?s' ' ' V PROJECT
STREAM OR ADJACENT WATER BODY:-;,r.,_._ CLASS: /(f
BASIN: du q
'404' PUBLIC NOTICE: (Y OR N)
NATIONWIDE PERMIT:. )( (Y OR N) It 26
PROJECT DESCRIPTION:
ASOIGNED WO: W_fv-?
DATE APP. REC'D.: 91 002/ - (YY/MM/DD)
INITIAL REPORT:
FINAL REPORT:
WATER QUALITY CERT. (401)
CERT. REQ'D: (Y OR N) A
IF YES: GENERAL CERT: I' (Y OR N)
TYPE GEN: - ZG INDIVIDUAL CERT: _
(BULKHEAD, BOAT RAMP, ETC.)
SEWAGE DISPOSAL
TYPE OF DISPOSAL PROPOSED:
TO BE PERMITTED BY:
IF BY DEM, IS SITE AVAILABLE AND
PERMIT ISS
WATER/WETLAND FILL
AREA OF FILL: WATER:
WETLAND: D
IS FILL ELIMINATING A SIGNIFICANT USIVP (Y OR
HSOffl
ddon ??
BAI3L(Y 0 , )
-? N
"t UIIY
9C
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:
EXISTING, PROPOSED
(DE
cc: WaRO - Dorney - Central Files - COE
(YY/MM/DD) RECOMMENDATION:
'q I A 3 q (YY/MM/DD) (ISSUE/DENY/OTHER) R)

MEMO
TO:

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d

STATE
North Carolina Department of Environment,
Health, and Natural Resources
D SUBJECT:
28`5 6 ?
. DIVISION OF ENVIRONMENTAL MANAGEMENT
U.S. ARMY COE 404 PUBLIC NOTICE OR NATIONWIDE PERMIT APPLICATION REVIEW
PROJECT NAMECOUNTY : V4 oA &, PROJECT #: g7f- 0
.STREAM OR ADJACENT WATER BODY: " 4_?je e
BASIN: 01ASLA, '404' PUBLIC NOTICE: (Y OR N)
NATIONWIDE PERMIT: (Y OR N) #

CLASS:
ASSIGNED T0:
DATE APP. REC'D.: %( - If (YY/MM/DD)
INITIAL REPORT: (YY/MM/DD) RECOMMENDATION: .ri
FINAL REPORT: ( D 7 I (YY/MM/DD) (ISSUE/DENY/O
WATER QUALITY CERT. (401)
CERT. REQ' D : (Y OR N)
IF YES : ENERAL CERT : (Y OR N)
TYPE GEN: z4b 2-6 INDIVIDUAL CERT: 6d '4?
??
( BULKHEAD , BOAT RAMP, ETC.)
SEWAGE DISPOSAL a 'J n bry
TYPE OF DISPOSAL PROPOSED:
EXISTING, PROPOSED SEPTIC T I
TO BE PERMITTED BY:
IF BY DEM, IS SITE AVAILABLE AND
(DEM, DHS, COUNT '
PERMIT ISSUANCE PROBABLE? (Y OR N)
WATERNETLAND FILL
AREA OF FILL: WATER:
WETLAND: L Q??e
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)
nn??.ir??mn
PgRMTT RF_STRTCTTONS_
cc: WaRO - Dorney - Central Files - COE

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890 ,: -?-VfJ
WILMINGTON, NORTH CAROLINA 28402-1890

IN REPLY REFER TO April 22, 1991
Regulatory Branch
SUBJECT: CESAW-C091-J-025 and Nationwide Permit No
Mr. John Wilcox
195 Lima Road
New Bern, North Carolina 28562
Dear Mr. Wilcox:
26
I am responding to your letter received on March 19, 1991, regarding
the proposed construction of a dike/berm around an existing pond to create a
fish pond. The site is located on an unnamed tributary to the Neuse River,
west of S.R. 1421 and south of S.R. 1422, near Lima, Craven County, North
Carolina.
- After review of soils,.topography, and headwater maps, we have
determined that the proposed project will be located above the headwaters of
the unnamed tributary, thereby qualifying for authorization under Department
of the Army Nationwide Permit No. 26.
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, which cause the loss or substantial
adverse modification to less than an acre.
The construction of your proposed dike/berm is authorized by this
nationwide permit, provided it is accomplished in strict accordance with the
enclosed conditions. Please be aware that this authorization 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
- re issued or-revoked: All nationwide permits are scheduled to be modified,
re-issued 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 these activities 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 activities under
the present terms and conditions of this nationwide permit.