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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 C- Martin, Govemor January 31, 1991 George T. Everett, Ph.D.
Wiliam W. Cobey, Jr., Sean Director

Certified Mail
Return Receipt Requested
Mr. Ronald Culliper
Stroud Engineering
Hestron Plaza One
Suite 102
Morehead City, North Carolina 28557
Dear Mr. Culliper:
Subject: 401 Certification Request
Project No. 9007-Q
Lancaster Property, Highway 70
Hull Swamp
Carteret County
Your application for a Water Quality Certification under
Section 401 of the Federal Clean Water Act under Nationwide
Permit 26 was received on June 21, 1990. I have determined that
this project is not eligible for our General Certification since
it is likely to have a significant adverse effect on water
quality by removing significant uses (see enclosed highlighted
copy of our general certification). These uses are store ater
quality enhancement, floodwater retention, aquatic life and
wildlife habitat.
If you still desire to pursue this project, you will need to
apply for an individual 401 Certification. However, it is likely
that I will deny that request based on removal of significant
uses as outlined above and since we believe that practicable
alternatives exist for your present project design. Furthermore,
since significant uses would be removed, you will need agreement
from DEM to even fill less than one acre of the wetland. If you
would like to fill less than one acre of this wetland, please
submit information regarding the location of that fill and
whether there is a practicable alternative to that fill.
PoIludm Pm%wWon Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
a., a .. V%
Ronald Culliper
January 31, 1991
Page Two
!,
If you.have any questions about this determination, please
contact Mr. John Dorney at 919-733-5083.
Since y,
George T verett
GTE:JD/kls
Culliper.ltr/401
Enclosure
cc: Dave Adkins
Hugh Heine, COE
Central Files

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, Sectilen .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 activity does not result in the
loss or substantial modification of 10 acres or more of
waters of the United States, including wetlands.
The State.of North., Carolina certifies that the
specified category of `activity will ,not violate Sections
301, 302, 103, 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;
I - - - _-,
d?,a.StATf'o
q?
MM-
State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James G. Martin, Governor
William W. Cobey, Jr., Secretary
DIVISION OF ENVIRONMENTAL MANAGEMENT
August 30, 1990
Mr. Ronald D. Cullipher, P.E.
Stroud Engineering, P.A.
Hestron Plaza One
Suite 102
Morehead City, North Carolina 27611-7687
"pi
Subject: 401 Certification Request
Project No. 9007-Q
Lancaster Property, Highway 70
Hull Swamp
Carteret County
Dear Mr. Cullipher:
The Wilmington Regional office has reviewed your June 21,
1990, 401 Certification request on the subject project.
Your project, as proposed, will result in the loss of
wetland areas. This being the case, several questions must be
addressed in order for this office to make recommendations on
the project. These questions revolve around the Federal 404(b)(1)
guidelines (40 CFR Part 230 A-F) and our Water Quality Standard
Regulations (15A NCAC 2B .0109 - Waters Affected by Dredge and
Fill Activities) and (2B .0201(b) - Antidegradation).
The 404(b)(1) guidelines state that projects should be water
dependent. According to Section 230.10(ii) (3), if the activity
(i.e., two lot subdivision) "does not require access or proximity
to or siting within the (wetland)... (i.e., is not "water
dependent"), practicable alternatives are assumed to exist."
(i.e., available upland nearby). Please comment on your project
in this light.
Bob Jamieson
Regional Manager
ric.
-Al
N
7225 Wrightsville Avenue, Wilmington, N.C. 28403-3696 0 Telephone [phone] Fax [phone]

9007-Q.AUG
Page Two
If the water dependency and practicable alternative issues
are resolved, you must demonstrate that you have avoided,
minimized and mitigated wetland impacts to the maximum extent
possible.
Your request for a 401 Certification for the Lancaster
Property project is considered incomplete. In order to be
considered complete, the information requested above should be
provided by September 30, 1990. If the requested information is
not provided, this Office will recommend the project be returned
as incomplete with no action taken.
Should you have any questions concerning this matter, please
contact Jim Gregson, or me at [phone].
Sincerely,
avid Adkins
Water Quality Regional Supervisor
cc: CF, WiRO
Bill Mills
Jim Gregson
Wayne Wright

DIVISION OF ENVIRONMENTAL MANAGEMENT
MEMORANDUM
Date: October 11, 1990
:.,:
To: 4401ap-ablaw Planning Branch
From: James H. Gregson
Wilmington Regio al Office
Through: Dave Adkins:,
Wilmington R gional Office

0CT 1990
WATER QUALITY
Planning Rrenc;
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 1.75 acres of wetlands that the COE has
determined to be above the headwaters of Hull Swamp. The area
proposed for fill is mostly riparian flood plain, bottomland
hardwood type wetlands, with scrub shrub vegetation near the
upland boundary. The original request was to fill 2.4 acres and
leave a 30' minimum strip unfilled adjacent to Hull Swamp proper.
The purpose of the project is to create a two lot subdivision.
Additional information was requested from the applicant per
the attached letter dated August 30, 1990. The letter stated,
according to the 404(b) (1) guidelines, projects should be water
dependent and if . not water dependent then practicable
alternatives are assumed to exist. The applicant was requested
to comment on the project in this light. This Office received a
response to this request on October 1, 1990. The response did
not address the water dependency issue nor did it discuss
mitigation. It did state that the filling of 1.75 acres of
wetlands would appear to have minimal impacts.
s .. -N
9007-Q.OCT
Page Two
The project has been reviewed to determine impacts to water
quality. The following comments have been provided.
It is recommended the 401 Certification be denied. Although
the COE has apparently determined the area to be above
headwaters, it is felt that Hull Swamp at this location has a
high enough flow, especially during storm events, to need more
protection from the filling of its adjacent wetland than General
Certification 2176 provides. The filling of 1.75 acres of
wetlands adjacent to Hull Swamp would eliminate the ability of
these wetlands to store flood waters, control erosion and reduce
the sediment and nutrient loadings of stormwaters when
overbanking occurs. This removal of an existing use is
inconsistent with 15A NCAC 2B .0201. In addition, the applicant
has not demonstrated that 404(b)(1) sequencing requirements have
been met.
JHG:9007-Q.OCT
cc: Wilmington Regional Office Files
Central Files
Jim Gregson
1
PLO ems-{-fig l g o
a??ere.?- Caen }??
AA STROUD ENGINEERING, P.A.
CONSULTING ENGINEERS
HESTRON PLAZA ONE
SUITE 102 June 21, 1990
MOREHEAD CITY, NORTH CAROLINA 28557
[phone]
Mr. William C. Mills, P.E. X819?_02j
N.C.D.E.M.
Water Quality Section
P.O. Box 27687 M JUL1990 3
Raleigh, North Carolina 27611-7687 N v D
r ATER QUALITY .
RE: 401 Water Quality Certification 4-vining Branch f
Proposed 2.4 Acres of Fill 45
Lancaster Property, Highway 70 O
Morehead City, North Carolina
Dear Mr. Mills,
Please find enclosed copy of a map delineating wetlands on a
two lot subdivision for Mr. Rodman Landcaster. This tract is on
the west boundary of Hull Swamp fronting on U.S. Highway 70.
Approximately 2.66 acres of 404'wetlands have been identified on
this parcel and the owner requests a 401 Water Quality
Certificate to allow fill for approximately 2.4 acres, leaving a
30' minimum strip adjacent to Hull Swamp.
If I can provide any additional information, please let me
know.
Sincerely,
gn n
ld D. Culliph .r, P.E.
RDC/kw
cc: David Franklin, U.S. Army Corps of Engineers
1
107 COMMERCE ST. HESTRON PLAZA ONE
SUITE B SUITE 102
GREENVILLE. INC 27858 MOREHEAD CITY, NC 28557
[phone] [phone]
REcF.rvED
.BUG "i o i Gil
Wilmington Regional 01fice
r?r_nq
P.O. BOX 2697
2400 N. CROATAN HWY.
SUITE B
KILL DEVIL HILLS, NC 27948
[phone]

STROUD ENGINEERING, P.A.
CONSULTING ENGINEERS
HESTRON PLAZA ONE October 1, -1990
SUITE 102
MOREHEAD CITY, NORTH CAROLINA 28557
[phone]
Mr. David Adkins, P.E.
North Carolina Division of Environmental Management
7225 Wrightsville Avenue
Wilmington, North Carolina 28403-3696
RE: 401 Certification Request - Project # 9007-Q
Lancaster Property, Highway 70, Hull Swamp
Carteret County
Dear Mr. Adkins,
In response to your letter dated August 30, 1990, we would like to
provide the following additional information for your review. A corrected map
shows that property identified as Parcel 1 does not belong to Rodmand
Lancaster, thereby decreasing the total quantity of 404 wetlands to 2.07
acres. The general certificate available to property owners above the
"headwaters" of Hull Swamp indicates that fills less than one acre do not
require written concurrence from the Division of Environmental Management.
The "headwaters" determination has been made by the U.S. Army Corps of
Engineers and I am requesting a written concurrence from Mr. Hugh Heine to
verify this previous determination. The remaining wetlands area would total
1.07 acres and consist of the following:
Hull Swamp Proper 0.107 Acres
Previosly Proposed Buffer 0.213 Acres
Proposed Fill (Excluding
1 acre included in general
conditions) 0.750 Acres
Total 1.07 Acres
With these quantities better defined, the impacts on the wetlands appear
to be minimal in nature and fall within the general conditions of the General
Certification. Although we recognize that each project is evaluated on its
own merits, it should be noted that at the intersection of Highway 70 and Hull
Swamp the remaining three properties. have been filled. Additionally,
wastewater discharge from the Mitchener car dealership is still in use.
If I cyn provide any additional information please let me know.
RECEIVED $ Sincerely,
a?
Wilmington Regional Office ROri ld D. Cullipher, t.
RDC/kw ? DEM
>f!
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]
111. 4i
14 W1,71mv
zana
atu ri��t sorce
r

I
Y
STROUD ENGINEERING, P.A.
CONSULTING ENGINEERS
HESTRON PLAZA ONE
SUITE 102
MOREHEAD CITY, NORTH CAROLINA 28557
[phone]
Mr. William C. Mills, P.E.
N.C.D.E.M.
Water Quality Section
P.O. Box 27687
Raleigh, North Carolina 27611-7687
RE: 401 Water Quality Certification
Proposed 2.4 Acres of Fill
Lancaster Property, Highway 70
Morehead City, North Carolina
Dear Mr. Mills,
J
Please find enclosed copy of a map delineating wetlands on a
two lot subdivision for Mr. Rodman Landcaster. This tract is on
the west boundary of Hull Swamp fronting on U.S. Highway 70.
Approximately 2.66 acres of 404 wetlands have been identified on
this parcel and the owner requests a 401 Water Quality
Certificate to allow fill for approximately 2.4 acres, leaving a
30' minimum strip adjacent to Hull Swamp.
know.
If I can provide any additional information, please let me
Sincerely,
gon ,A0 92
ld D. Culliph r, P.E.
RDC/kw
cc: David Franklin, U.S. Army Corps of Engineers
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]
June 21, 1990