19920123 Ver 1_COMPLETE FILE_19920101

State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27644
James G. Martin, Governor
William W. Cobey, Jr., Secretary
May 26, 1992
George T Everett, Ph.D.
Director
Mr. Phillip Rivers
Rt. 1, Box 328
Winnabow, N.C. 28479
Dear Mr. Rivers:
Subject: Proposed Fill in Headwaters or Isolated Wetlands
Storage area for recyclable materials, after the fact
permit
Brunswick County
DEM Project #92123, COE Project #199201129
Upon review of your request for Water Quality Certification
to retain fill material in 0.48 acres of wetlands for
storagea of recyclable material located at SR 1406, Deerfield #
3, Lot 18 in Brunssick County, we have determined that the
proposed fill can be covered by General'Water Quality
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,
?l
e yrg T. Everett
GTE: JD
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Regional Office
Wilmington Regional Office
Mr. John Dorney RECIONAI 0I 1A I'S
Asheville Cen?ralilliFiles Moorewille RIlci);h Wrhinl;um Wilminkrttm Wmuon-Salcm
701/251-6208 919/480-1541 701/663-1699 919/571-47(X) 919/946-(1481 919/3x)5-310) 919/896-7(X)7
Pollution Prevention Pays
PO Box 29535, Ralcigh, North Carolina 27626-0535 1deplxmc 919 733 7015
An I qual Opr,nunnv Atfim,an- Arum I mplr n+

DIVISION OF ENVIRONMENTAL MANAGEMENT
Date:
To:
From:
Through:
Subject:
May 7, 1992
Mhft'-Dotney
Planning Branch
, AM 1210
James H. Gregson1? vJA(F??? °"`
Wilmington Re nal Office
Dave Adkin
Wilmington onal Office
Regional Office Review and Recommendations
Application for Permit for Excavation and/or Fill
Philip Rivers
Central Office Permit #92123
Brunswick County
PROJECT DESCRIPTION: The applicant proposes to clear an area of
headwater wetlands approximately 70' X 300' (0.48 acres) to
provide space for the storage of recyclable items.
ADJACENT WATER BODY: Bell Swamp
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. 2671 for headwater wetlands.
It is recommended the applicant contact the Solid Waste
Branch (Isaiah Guyton, 225 Green Street, Sw 601, Fayetteville,
North Carolina 28301, telephone number [phone]),
concerning the proper storage and disposal of the "recyclable
materials" on the property.
This office has no objection to the project as proposed.
cc: Wilmington Regional Office Files
Central Files
Ikie Guyton (Solid Waste Branch)

r
f? ACTION ID:
WETLANDS GROUP JOINT APPLICATION FORM FOR
WATER ITS THAT REQUIRE NOTIFICATION TO THE DISTRICT ENGINEER
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. BOX 1890
WILMINGTON, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. BOX 29535
RALEIGH, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME: L4V r v S 7 /7/ L:?? /C r ^y
2. OWNERS ADDRESS: YOA H Z k
3. OWNERS PHONE NUMBER (HOME): Q/Cj_-3-Imo3 (WORK-)P1?/ 9,??3-
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
5. LOCATION F PLANNED WORK (ATTACH MAP).
- , K
COUNTY:
NEAREST OWN OR CITY: ?Bz Lo ?,4
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMA
?eeP- F, -e-11 ct .i
if .u
, ETC.):
6. NAME OF CLOSEST STREAM/RIVER: A)
7. RIVER BASIN: .?
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES [ ] NO [*-I-
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ ] NO [v}-
IF YES, EXPLAIN.,
10. SSTIMATED.:TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
Z RF_ S
2/3/92

I
-2-
11. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT:
FILLED: Z-
DRAINED: -L
FLOODED:
EXCAVATED:
TOTAL IMPACTED:
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS):
) t' ,, -- titn,._r irfl--b-jI
13. PURPOSE OF PROPOSED WORK: -'t? ?-p
1,C.Q? ?? +c 0-)&'t'
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE ME I ASPES TAKEN TO MINIMIZE, WETLAND
IMPACTS. 'til /' %-tt1A""o'.. . ./tom,
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE
OR ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED
SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE
PROPOSED PROJECT. HAVE YOU DONE SO? YES [ ] NO ['--}---
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE ATTACHED.
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH
MAY BE AFFECTED BY THE PROPOSED PROJECT?
HAVE YOU DONE SO? YES [ ] NO
RESPONSE FROM THE SHPO SHOULD BE ATTACHED.
17. ADDITIONAL INFORMATION REQUIRED BY DEM:
A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND LAKES ON
THE PROPERTY.
B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PROJECT.
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH
COPY.
E. WHAT IS LAND USE OF SURROUNDING PROPERTY?
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
0 ER' SIGNATURE DATE
6
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO February 21, 1992
Regulatory Branch
Action ID. 199201129, Nationwide Permit No. 26
Mr. Phillip Rivers
Rt. 1, P.O. Box 328
Winnabow, North Carolina 28479
Dear Mr. Rivers:
FES
DIVISION OF
COASTA4 MANAGEMENT
On January 14, 1992, Mr. Rudolf Schiener of my staff, with Mr. Jim Gregson
from North Carolina Division of Coastal Management, inspected the work being
accomplished on your property at Rt. 1, Deerfield 3, Winnabow, in Brunswick
County, North Carolina. It was observed that excavated and/or fill material
has been deposited over approximately 1/3 acres of waters and wetlands of the
United States located above the headwaters or in isolated waters of the United
States. Pursuant to Section 404 of the Clean Water Act, Department of the
Army authorization is required for this work.
Nationwide Permit No. 26 (33 CFR 330.5(a)(26)) authorizes the significant
adverse modification of up to 10 acres through a discharge of dredged and/or
fill material if the waters or wetlands are above the headwaters point of a
stream or if they are isolated from any adjacent waters or wetlands by high
ground. Modifying up to an acre of jurisdictional area does not require prior
notification of this office. However, to comply with the requirements for
authorization for 1 to 10 acres, approval must be obtained from our Division
Engineer. In order to request this authorization, you must complete a
pre-discharge notification (PDN) form (copy enclosed) and submit it along with
a copy of a Section 401 Water Quality Certification, obtained from the North
Carolina Division of Environmental Management. Instructions on obtaining this
certification are contained on the PDN form. The 401 Certification is
required to validate Nationwide Permit No. 26 in the State of North Carolina;
and therefore, it must accompany your PDN application.
As the modification of less than an acre through discharge of dredged
and/or fill material is authorized by Nationwide Permit No. 26, your work, as
observed on January 14, 1992, is presently authorized. Any additional
modification of jurisdictional waters or wetlands will require authorization
under the PDN procedute outlined above.

-2-
Any questions or comments regarding this matter may be addressed to
Mr. Schiener, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copy 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
Mr. Jim Gregson
4rt in gton Field Office
h Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405

STATE OF NORTH CAROLINA
In the General Court of Justice AFFIDAVIT TO OBTAIN ADMINISTRATIVE
INSPECTION WARRANT FOR PARTICULAR
CONDITION OR ACTIVITY
Brunswick County
James H. Gregson, Environmental Specialist being duly
(write your name and position)
sworn and examined under oath that the -e is probable cause for believing that
there is probable cause to believe that there is an unpermitted discharge of fill material
(describe conditiv ?. object. activity, or circumstance which the
to Waters of the State, that may have resulted in a violation of 15A NCAC 2B .0109
search is lnter,;ged to check or reveal)
and 15A NCAC 2B .0201
at the property owned or possessed by Phillip Rivers
and described as follows: Lot Number 19, Deerfield Estates, Section Three located off
State Road 1406, Near Winnabow, North Carolina in Brunswick County, and shown on
Brunswick County Tax Map (precisely describe the property to be inspected) Number 97-1, Parcel 18
The facts which establish probable cause to believe this are: On January 7, 1992, The Wilmington Regional
Office received a complaint from a resident of Deerfield Estates which indicated that
Mr. Rivers has been filling in the "zwamp" behind his house with "old junk" and
bulldoxing within wetlands. The site was visited (by James H. Gregson) on January 7,
1992 along with Stephanie Petter of the Wilmington Regional Office. At that time
they were denied access by Mr. Rivers. We seek verification of the complainant's -
alligations an inspection to ascertain the extent of land disturbing activities
on the property and possible violation of Water Quality Standards, and to determine the
presence, if any, of oil or other hazardous substances which may be stored or dumped
on the property.
c?cne o' ?t

WORN AND SUBSCRIBED TO EEFORE ME
P
nal
? Assistant CSC t5- DeputyCSC ? Clerk of Superior Court
P Magistrate ? Superior Court Judge ? District Court Judge
IMPORTANT: Attach the Affidavit to the WARRANT
AOC-CR-913M
Rev. 1-84

STATE OF NORTH CAROLINA
COLEM OF BRUNSWICK
IN THE GENERAL COURT OF JUSTICE AFFIDAVIT TO OBTAIN
DIS'T'RICT COURT DIVISION ADMINISTRATIVE WARRANT FOR
PARTICULAR CONDITION OR ACTIVITY
James H. Gregson, being duly sworn and examined under oath, says:
I am an officer with the North Carolina Department of Environment, Health,
and Natural Resources, and a duly designated representative of the Environmental
Management Commission for the purpose of conducting inspections pursuant of
North Carolina General Statute 143-215.3, and I hereby apply for an
administrative inspection warrant to be issued under N.C.G.S. 15-27.2.
There is probable cause for believing that there is an unpermitted
discharge of fill material to Waters of the State, that may have resulted in a
violation of 15A NCAC 2B .0109 and 15A NCAC 2B .0201, at the property owned or
possessed by Mr. Phillip R. Rivers and described as follows:
The land contained within Lot Number 18, Deerfield Estates, Section Three,
located off NCSR 1406, near Winnabow, in Brunswick County, and shown on
Brunswick County Tax Map number 97-1, parcel number 18.
The facts and information which establish probable cause for believing that
the above-mentioned violation, condition, or activity exists are as follows:
The Wilmington Regional office received a complaint from a resident of
Deerfield Estates which indicated that Mr. Rivers has been filling in the
"swamp" behind his house with "old junk" and bulldozing within wetlands. I
visited the site on January 7, 1992 along with Stephanie Petter of the
Wilmington Regional Office and were told by Mr. Rivers that we could not
enter on his property to conduct an inspection.
An administrative inspection warrant is being sought for the purpose of
conducting an entry and inspection consisting of the following activities:
We seek verification of the complainant's allegations, an inspection to
ascertain the extent of land disturbing activities on the property and
possible violation of Water Quality Standards, and to determine the
presence, if any, of oil or other hazardous substances which may be stored
or dumped on the property. The above mentioned inspection may also include
the following: measurement of size of the property and the extent of any
wetlands on the property; collection of water and/or soil samples;
inspection of dnmis or other containers; and the taking of photographs.
The undersigned officer may be accanpanied by one or more representatives
of the Environmental Management Cannission and/or The U. S. Army Corps of
Engineers.

Subscribed and sworn to before
me this fourteenth day of
January, 1992.
Water duality Secti, Wilmington
N.C.-Department of vironment, Health, and
Natural Resources
Magis ate of General Curt of Justice,
or Judge, or Clerk, or Assistant, or
Deputy Clerk of Superior Court

0 North Carolina Wildlife Resources Commission 0
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, - 313*1 ? _M
Charles R. Fullwood, Executive Director
?T ?
h? Qy 1 19? 2
MEMORANDUM "" `
TO: John R. Dorney WATER UALI?YSLi''Jt?
Division of Environmental Management
FROM: Dennis Stewart, Manager
Habitat Conservation Program 4tu4- itiX
DATE: May 13, 1992
SUBJECT: Comments on Section 401 Water Quality Certification for
Section 404 Nationwide Permit Requests
Biologists on the Wildlife Resources Commission staff have
reviewed the following Nationwide 404 Permit applications. Due
to insufficient staff and time limitations we are unable to
conduct the necessary field investigations to comment.on these
applications. This "no comment" should not be considered as
either approval or disapproval of the work proposed. These
projects are:
1. Billy R. Daughtry, Sampson County
2. Betty and Philip Rivers, Brunswick County
3. Alliance Group of Fayetteville, Inc., Cumberland County
4. Village Commons Subdivision, Cumberland County
We appreciate the opportunity to review and comment on these
projects. If we can provide further assistance, please call on
us.
DLS/lp
cc: Thomas Padgett, District 4 Wildlife Biologist
Ir
r , RR --
?BMa? ACTION ID:
wuDSnveOUTON JOINT APPLICATION FORM FOR
?., ITS THAT REQUIRE NOTIFICATION TO THE DISTRICT ENGINEER
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. BOX 1890
WILMINGTON, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
LOCATION *F PLANNED WORK (ATTACH MAP).
COUNTY:
NEAREST OWN OR CITY: L o
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
f. 1,540 42 ?ee12 F%e/ God
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME:
l
, ^? y S // L;l /? n r ^i
2. OWNERS ADDRESS: nn Sj
3. OWNERS PHONE NUMBER (HOME): &q--Z-3-70 0 3 (WORK): P q, s5- Cb
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
5.
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. BOX 29535
RALEIGH, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone]
6. NAME OF CLOSEST STREAM/RIVER:
v
7. RIVER BASIN: .?
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES [ ] NO [--*r'
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ ] NO [v}?
IF YES, EXPLAIN.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
Z 4c AF- S
2/3/92

-2-
11. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT:
FILLED: Z-
DRAINED: -L
FLOODED:
EXCAVATED:
TOTAL IMPACTED:
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS):
13. PURPOSE OF PROPOSED WORK: ? ?tu
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASI !TAX-e"' TAKEN TO MINIMIZE. WETLAND
IMPACTS. '7JJ /I ? s-??.0 , . TAX-e"' . - "
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE
OR ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED
SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE
PROPOSED PROJECT. HAVE YOU DONE SO? YES [ ] NO [A-}
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE ATTACHED.
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH
MAY BE AFFECTED BY THE PROPOSED PROJECT?
HAVE YOU DONE SO? YES [ ] NO
RESPONSE FROM THE SHPO SHOULD BE ATTACHED.
17. ADDITIONAL INFORMATION REQUIRED BY DEM:
A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND LAKES ON
THE PROPERTY.
B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PROJECT.
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH
COPY.
E. WHAT IS LAND USE OF SURROUNDING PROPERTY?
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?

0 ER' SIGN TURE DATE
fq2-
at Xi
to /IAS Lo 3 flC-L

??ro
- State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Fnvironmental .'Management
512 North Sali,bttrv Street • Raleigh, North Carolina 27604
James G. Martin, Governor
William W Cobev, Jr., Secretarv
March 9, 1992
George T Everett, Ph.D.
Director
Mr. Phillip Rivers
'.fit. 1, Box 31.8
Winnabow, NC 28479
Pear Mr. Rivers:
RE: Dredge/Fill, Brunswick County
DEM'Project #92123, COE Project #199201129
On February 27, 1992, I received an application from you for
a 401 Water Quality Certification for your project entitled
Phillip Rivers at Winnabow in Brunswick County. Our existing
regulations (15A NCAC 2H .0501 (a)) require that all applicants
for 401 Certifications submit seven complete copies of 401
Applications. These copies must be supplied by the Division of
Environmental Management to various state and Federal agencies as
specified in the same regulations. Having copies available for
simultaneous review by other agencies will reduce the overall
processing time for your permit application. In the past, we
have not enforced this requirement and have seen processing time
slowed significantly.
Therefore, please send six additional copies of your 401
Certification application so we can initiate the comprehensive
review required by our rules. I am unable to do this copying
since there are numerous applications with this problem and our
regulations state that the applicant must supply these copies.
If you have any questions, please call me at 919/733-1786.
IO cerely yours,
?'? J.-
n R. Dorney
JRD/1j
sevencpy.ltr/D-4
t;c: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Regional Office
Wilmington DEM Regional Office
Division of Coastal Management, Raleigh
John R. Dorney
Central Files Rl (,u>Nnl. OI I R ?
A,hivillc I,n,Cttceillc Akwrc'vdlc Ralcigh \G'a,hinkto ll AV"'lin111rl ni Wimtrnttialcm
704!2 1 02(ly 919/486-1 41 704/063 Ih(F) 919' 71-47(X) 909406.481 ?I9 )9? 1`XM) V19/N9[r7(X)7
Pollution Prevention Pays
N) B,)x 293; Ralcit!h N",nh ( anilina 2?h20a?,2; Iclcl?h?,nc 919; 0 -A)1?
v . I 'i„,I t p.I „ , Am???,.?m<
40

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO February 21, 1992
Regulatory Branch
Action ID. 199201129, Nationwide Permit No 26
Mr. Phillip Rivers
Rt. 1, P.O. Box 328
Winnabow, North Carolina 28479
Dear Mr. Rivers:

e47/11? v
On January 14, 1992, Mr. Rudolf Schiener of my staff, with Mr. Jim Gregson
from North Carolina Division of Coastal Management, inspected the work being
accomplished on your property at Rt. 1, Deerfield 3, Winnabow, in Brunswick
County, North Carolina. It was observed that excavated and/or fill material
has been deposited over approximately 1/3 acres of waters and wetlands of the
United States located above the headwaters or in isolated waters of the United
States. Pursuant to Section 404 of the Clean Water Act, Department of the
Army authorization is required for this work.
Nationwide Permit No. 26 (33 CFR 330.5(a)(26)) authorizes the significant
adverse modification of up to 10 acres through a discharge of dredged and/or
fill material if the waters or wetlands are above the headwaters point of a
stream or if they are isolated from any adjacent waters or wetlands by high
ground. Modifying up to an acre of jurisdictional area does not require prior
notification of this office. However, to comply with the requirements for
authorization for 1 to 10 acres, approval must be obtained from our Division
Engineer. In order to request this authorization, you must complete a
pre-discharge notification (PDN) form (copy enclosed) and submit it along with
a copy of a Section 401 Water Quality Certification, obtained from the North
Carolina Division of Environmental Management. Instructions on obtaining this
certification are contained on the PDN form. The 401 Certification is
required to validate Nationwide Permit No. 26 in the State of North Carolina;
and therefore, it must accompany your PDN application.
As the modification of less than an acre through discharge of dredged
and/or fill material is authorized by Nationwide Permit No. 26, your work, as
observed on January 14, 1992, is presently authorized. Any additional
modification of jurisdictional waters or wetlands will require authorization
under the PDN procedure outlined above.

I-%. -

-2-
Any questions or comments regarding this matter may be addressed to
Mr. Schiener, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copy 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
Mr. Jim Gregson
Wilmington Field Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
.e-
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
WETLANDS G(?Ci;+??
IN REPLY REFER TO January 26, 1993 WATER UALITYSIT[ICT! ?w
Regulatory Branch
Action ID. 199201129, Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
Me. Betty Rivers and Mr. Philip Rivers
Route 1, Post Office Box 328
Winnabow, North Carolina 28479
Dear Mr. and Mrs. Rivers:
Reference your application of March 13, 1992, for the Army authorization
to fill 2 acres of wetlands above headwaters on your property located on S.R.
1406, Deerfield 3, Lot No. 18, Winnabow, Brunswick County, North Carolina.
For the purposes of the U.S. Army Corps of Engineers' Regulatory Program,
Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the
Federal Register on November 22, 1991, lists nationwide permits (NWP).
Authorization was provided, pursuant to Section 404 of the Clean Water Act,
for discharges of dredged or fill material greater than 1 but not more than 10
acres into headwaters and isolated waters of the United States. Your work is
authorized by this NWP provided it is accomplished in strict accordance with
the enclosed conditions.
This verification will be valid for 2 years from the date of this letter
unless the NWP authorization is modified, reissued, or revoked. Also, this
verification will remain valid for the 2 years if, during that period, the NWP
authorization is reissued without modification or the activity complies with
any subsequent modification of the NWP authorization. If during the 2 years,
the NWP authorization expires or is suspended or revoked, or is modified, such
that the activity would no longer comply with the terms and conditions of the
NWP, activities which have commenced (i.e., are under construction) or are
under contract to commence in reliance upon the NWP will remain authorized
provided the activity is completed within 12 months of the date of the NWP's
expiration, modification or revocation, unless discretionary authority has
been exercised on a case-by-case basis to modify, suspend, or revoke the
authorization.
This permit is valid upon obtaining all necessary State or local
authorizations. In this connection you should contact Mr. John Dorney, North
Carolina Division of Environmental Management, telephone [phone], and
Mr. Steve Benton, North Carolina Division of Coastal Management, telephone
[phone].
. "1
-2-
Questions or comments may be addressed to Mr. Rudolf Schiener, Wilmington
Field office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
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
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
,Natural Resources
oat Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Jim Gregson
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
MAY-20-1993 16:24 FROM EHNR WILH REG OFFICE
Est-lt' brand fax transmittal memo 7671 N of pages
` Fron?
733-13

TO
ERIC GALAMB P.U1
RECEIVED
MAR 5 1993
Wilmingfiort Regional Office
State of North arolina DEM
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary
March 3, 1993
Ms. Betty Rivers
Post Office Box 328
Winnabow, North Carolina 28479
Dear Ms..Rivers:
Subject: Request for 401 Water Quality Certification
DEM Project # 93126
Brunswick County
On February 15, 1993, we received your application for a 401
Water Quality Certification to fill approximately 0.33 acres of
wetlands at 5501 Dogwood Street. On May 26, 1992, the Division
issued an after-the-fact permit to Mr. Phillip Rivers. We are
retiring your recent request due to the apparent redundancy in
the applications. If these are separate requests that are not
redundant, please advise us no later than March 17, 1993.
17 If you have any questions, please contact me at (919) 733-
86.
Sincerely,
U?
Joh R. Dorney
JRD/kls
Rivers.ltr/Vol.7
CC: Wilmington District Corps of Engineers
COE - Wilmington Regional Office
Central Files
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] %x # 919.733-0513
An Equal Opporruniry Affirmative Aetion Employer
TOTAL P.01
IMPORTANT ?--
To-
Date_ Time
WHILE YOU WERE OUT
M
Phone .. _ AREA CODE NUMBER EXTENSION
TELEPHONED PLEASE CALL
CALLED TO SEE YOU WILL CALL AGAIN
WANTS TO SEE YOU URGENT
RETUR ED YOUR CALL
Me
. /V/11-W /10/ / L '

CG-
S
N.C. Dept. of Environmeht. Htalth. and Natural Resources
?I/'1 o.,.ror1 nn Ra i-i Paoer
MEMORANDUM
N' C NAME:'
R(-'viF-;aP7.
TO: John Do y ---
Plantling Brs cl 1_)A`:I'E:
WETLANDS GROUP
SUBJECT: WETI-,AND STAFF REP(. R ATI
f' "*EA 1H ITEM M[_?ti;T )'E ANti WERED (tT;=:li; N/A
I?,f_)R
HOT AF'PI:,T{'.Af3LIi;) x
PERMIT YR: 93 PERM IT II!- : c?+? i01?Fr '(?T)N "l : [ 13.UC1;W1 C'K
APPL I CAN`T' NAME : BETTY RIVER:-,
PROJE(„I' `T'YPE: RESIDENTIAL FILL I'E{?MI'1' TYPE: NW'26
COE _# : PC), ' #*
RC"D FROM CDA : APL' DATE_ F FJl vT ('DA : 0 1 5 / 9 3
REG (.-)FTC' I CE: WI RO P I VER_ AND S U I PA, II'J t
STREAM CLAti;S : 'J- NDEXKNO:
WL IMPAC`T':' : Y/ N WL TYPE:
WL REC:iTE TED: WL A(-'k Y/ICI
WL :-SCORE (#) : WATER IMPI'.CT1, I> T3Y FILL?: Y/N
HYDRO CNEC`1":' : Y/N M U P 1(3AT LC C) N? : Y/N
MITIGATION `T'YPF: M7'!'[f A'['-Cf?N ST7E:
IS WETLAND RATING SHEE'T' ATTACHED";': Y/N
RECOMMENDATION (C' rcl-? f_`iie) : I:'titTl? C:; ",?TE!??{?NI) L'>ENY
C',OMMENT ---
cc: Regional Office
Central. File;
I-
40 , 4
1`
DEM ID: Z? _ ACTION ID:
+b NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT `):
JOINT FOEM FOR
NATIONWIDE PERMITS THi,i_ REO'rIRE "OTIFIC.;TI0?1 TO THE CO UX4
TIONWIDE i ERMI1H..l RLQ, IR APPL,ICA IO1`i FOR S1I0 ?{ TC??I
NA
5 IT-
WILMI:GTON DISTINCT r'l'r-NI:E,?,
CORPS OF ENGINEERS
DEPARTMENT OF THi? ARMY
P.O. BOX 1890
WILMINGTON, NC 2('3402-1390
ATIN: CES^,fI-C")-E
Te1_:?phone (9 i9) 25i-?5 1
WATER QUALITY Pi_ANNIN G"'
DIVISIC'I 0' ?NVIRO*,M. iTA .l IN'
? D ;PART:IENT OF Ei1VI lol A.1, JE fiG F1,
AiI; NA'T'`JR ;L 1 SOiJ C
R'{L:ETGIi, i?C _''( ??-?535
i'TTid: JOI:II IORNEY
, -ophrmo [phone]
q n ?? n , - L 1 - C AOt1 C `aOUr
ONE (?) OP ? 0 TITI.? CO?hPL:'iF_) P" ?:'P `' i= J ?Li) 13E SENT TO THE C RPS OF
ENGIAIIFRS. SF.`' N 'i') SI'OULD 3E SENT TO TILE N.C. I) OP1 OF
ENVIRO?i ENTAL IAN .G' 1EP1I', PC.E1SE PR
1. 0 'lrTER5 NAli! E.
2. OTJNERS !`,DDRESS:
06dNERS PI ION't? NUMD711 (HOME) . > (WORh) : i' , ? °,
------------
?P r, ' c? ,r-• r r' r Con r r ca 1 - n' E'lo
? ICII:1,, ADDR -S
i. Ii' N, LICALLE: AG??r1T NA ??? J:? CORPORATE
PHONE TIUMBER
5. LOCATION OF 1,JORK ('tUS I IP 1 . C,OUIIT
NEAREST n'1 C-1-l'.
SP EC IFT(' LOC a.'I I IT pt T TD 0 '.1 ''L S, ..A'IDiil1 5, .?l.,. )
6. t,mmE 0? C L C `T A'I
7. 1 ;TV1-7 R BASI',I:
8. IS THTS PROJECT if)(--7T) T11 C;'_ .S_ ?F:.: ,'> UT A, !IQrd, O'.ZGJ,
Ws 1, OR ldS J I? YES [ ] t:0 [r,. -
9. HAVE ANY SECTION' )VI P .r''i? GE
PROPERTY? YES ] NO
IF YES, EXPLAIN.
10. ESTIMATED TOTAL HUMBER OF ACRES
WETLANDS, LOCATED ON POJECTT' SITE:
70E USE ON THIS
OF J:',TI R 3F 'TH . TtJCf_UDING
1/14%95

11 . NUMB['R OF ACRE E Ii-CLUDING UETLANDS, IMPACTED BY
THE PROPOSED PROJEC'T''
k Ali.
12. LESCitIPTI?ii I? 1/2" X 1URAt-IiNGS ONLY):
1? PURPOST Oh PiiU.'OSI,U --
_ - ---
P
14. STA'iE RFi `ONS Ti .? APPLTC"N L?%'.LIE"r 'Ti?-,T FICTTVITY MIDST FIE
LSO, I;0'lE hlErSiliL- i'Al:i=N TO MI11iMIZE FIE''LAND
CARRIED CUT Itd G1I?'TI..IL,?;. :,T
IMPACTS.
15. YOU ARC' EQUIEED TO CONTi"C'T T 11E U .S. FIB t-,IJD [-iILLJ IFL SERVICE (USI?6]S)
AND/OR NATIONAL MAEIIJE F-11 S E1ER1ES `-E RVI(,- 0,11,117S) RI CARDING THE PPESCITCE OR ANY
FEDERALLY LISTED OR PROPOSED FOR L ISIING ENDMIJG ;RID OR 'I'll F*:ATENED SPEC IFS OR
CRITICAL IIADITA`T' TP THE I=ERMIi A;IEA THAT MAY EF, AII?,C`lFD BY THE PROPO:_?I,,)
PROJECT. HAVE YOU DONE O, YES [ j IM I:--?
nESPONSE FROM THIS U-?FL]S F. JD/CR I`MFS SIIOULLD Iu FORWARDi?'D TO CORPS.
16. YOU ARE REQUIRED TO CCCi?AE' THE SI ^TE? i,'STOF,?C PRESERVATION OFFICER,
(SIIPO) REGARDING TI1L PE1.'.?ENCE OL I;I?=TO:.(C Fl,?,t'CIZ77F?S III 1t1'?PERMIT AREA ?r]11 CH
MAY BE CFFECTLl) BY TILE F'ROPC?E PREEC' r
HAVE YOU DONE Sc? i S I ] NO i
RESPCNSE FROM HE SIIPO SHOULD BE UCRA' ARI-? D TO CORPS.
11'. t,DDITIONAL IN O1,MA'1'iON n 4)liI?,EL EY D NI:
A.. GE'T 'Lf-ND DI ?T`0V Sr,C:;.NC. .. 1,`?.NDS, SIZLAMS, I?iD LAKES CN
THE I'hOP-E R'-Y .
E. IF AV AILALLREPI; 'T "IVE PI ?!`C' E,AP 0 ?'TL.1,11DS TO DE IMPACTED BY
PROJECT.
C. IF DELINEI-`_IOiT [-!;,S P i?tOR":Cn BY I1. C(? LL? ''T, IITCLUDE ALL DATA SHEETS
EELE:VANT TO TIE PLACE,-T.NT 07 TEE i'?11E - : ;T i .I: ' .
D. I' S'I'ORi b]ATER ,.:'+" l FII7',NT 1S 'i-QUTPEE FOR TEAS FROJECT, AT'T'ACH
COPY.
E. WHAT IS LAND USE OF SURROUINT):NG PRO":RTY?
F. IF APPLICABLE, GHAT IS PROP OS ,D ME''I-M OF S;I-av]AGE DISPOSAL?
04]PIEI',S SIGNA"TUBE DATE

DEM ID: w-b _ ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT 0:
JOINT FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE COR LI-L
NATIONWIDE PERMITS THAT REQUIRE APPLICATION FOR SECTIOI M1
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF TAE ARMY
P.O. BOX 1890
WILMINGTON, NC 28402-1090
ATTN: CESAW-CO-E
Telephone [phone]'
WATER QUALITY PLANNIN
DIVISION OF ENVIRONME AT
NC DEPARTMENT OF ENV! ON
AND NATURAL RESOD CES
P.O. BOX 29535
RALETSH, NC 27626-0535
AT'T'I : NR . JOHN DOR:,.'EY
Telephone [phone]

VEY 1 51993
MANAGEMENT
ria-
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. P' ASE PRINT.
1. OWNERS NAME: 2. OWNERS ADDRESS: 3. OWNERS PHONE NUMBER (HOME). ` a .? (WORK)

4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
5. LOCATION OF WORK (MUST' ATTACH MAP). COUNTY: ;
NEAREST TOYa,-OR CITY: ?
SPECIFIC LOCATION (INCLUDE LOAD NUMBERS, 1-,ANDMARKS ETC.):
6. NAME OF CLOSEST STREA&RIVEE :
7. RIVER BASIN:
8. IS THIS PROJECT LOCATED 0 A, WATERS'.IED CLASSIFIED EIS TROUT, SA, HQW, ORW,
WS I, on ws I I? YES [ j NO ["- ---
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FO ; USE ON THIS
PROPERTY? YES F ] NO
IF YES, EXPLAIN.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING
WETLANDS, LOCATED ON PROJECT SITE: !?'
1/14/93

-2-
11 . NUMBER OF ACEES C° 6I TEES OF 'Ti ;E U."., I!CLUD ING WY.,.TLANDS, IMPACTED BY
THE PROPOSED PROJECT:
C' V
I? t, U:
12. DESCRII'TIGN Or FI:O;.?:I?D ti'C' :h ( a( E] PLE-kNS-8 1/2" Y, 11 DRAWINGS ONLY):
11! . STATE I;EASGNS 1 ;1E AhL -iC ! DE iEVi S THI:T THIS ACTIVITY MUST DE
CARRIED OUT .IIJ 'IETT'1IDS. ALSO, NC?E t,IEASURES TAKEN TO MINIMIZE: WETLAND
IMPACTS
15. YOU ARE REQUIlk D '.O CCl?tf.CI THE t1 r'ISH t.JJD IIILDLIFE SERVICE (US5ti'S)
AND/OR NATIONAL i1ARIN., ?? IIE?tIE.S ERVICE (NMFS) RLC,ARDING THE PRESENCE OR ANY
FEDERALI `t LISTED OR PROPOSED FOR 1ISTING ENDANGERED OR THREATENED SPECIES OR
CRITICAL I-IABITAT IN T1-!E PERMIT AREA THAT MAY BE AFFEC'I'E:D BY THE PROPOSED
PROJEC'T'. HAVE YOU DONE SG? YES [ ] NO [ }
RESP014QES FROM THE UISFWS AiiD/OR NMFS SHOULD DE FOR',-IARDI-, TO CORPS.
16. YOU ARE RIEQUIRED 0 CON 1-CT THE STATE HISTGRIC PRESERVATION OFFIC.EII
(SHPO) REGARDING TEE PRESEPiC_. ''F -jjc" Ct'1C PROPERTIES 1IJ TITS PERMIT AREA GIHICH
MAY BE AFFECTED E3Y TILE PRO" OSED PF'O,JECT?
F VE YOU DO 'JE SC? YES ( ] NO [?:}
RESPONSE FROM THE SIIPO SI'.CULD BE FFORWARDED' TO CORPS.
7 . ADD "IONAL I'rr 0 MA T ICtJ REQUIRED BY DEM
A. I'„TLAP?D DLLs"EA.T ION 11F:P SIIOt1ING ALL 'rETLANDS, STREAMS, AND LAKES ON
TI-i!'- rIiUPEITY .
B. IF AVATI,ABT- L, R EPRESS.; 'f. I' 1E PIIOTOGRf.I'II OF ?ETLANDS TC BE IMPACTED BY
PROJECT.
C. IF DELI? EATTOP ? t,S PER70RMED }Y A CClTSULTANT, INCLUDE ALL DATA SHEE'T'S
RELEV NT TO THE PLACEMENT OF :I'E DELTNrA'T'ION LINE.
D. IF A STORM?1ATER MAIIAGEMEIIT FLAT,,' TS I;EQUIRED FOR THIS PROJECT, ATTACII
COPY.
E. 10EAT IS LAND USE OF SURROUNDING PROPERT`.17?
F. IF APPL,TCABLE, 6dHAT TS PROPOSED ME'T'HOD OF SE',-IAGE DISPOSAL?
OWNER'S SIGNATU"iE DATE