19920257 Ver 1_COMPLETE FILE_19920101

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO August 6, 1992
Regulatory Branch ?.;P
Action ID. 199202130 and Nationwide Permit No. 26 U
(Headwaters and Isolated Waters) t Ljn
General Kenneth Newbold USA (Retired) WETLANDS GRUUr
and Ms. Ellen Newbold WATER UALITY SECT
Route 2, Box 255
Rose Hill, North Carolina 28458
Dear General and Ms. Newbold:
Reference your application for Department of the Army authorization to
place fill material in wetlands isolated from Beaverdam Creek to construct an
approximate two acre pond, near Rose Hill and Magnolia, Duplin 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.
Authorization was provided, pursuant to Section 404 of the Clean Water Act,
for discharges of dredged or fill material into headwaters and isolated waters
provided:
a. the discharge does not cause the loss of more than 10 acres of waters
of the United States;
b. the permittee notifies the District Engineer if the discharge would
cause the loss of waters of the United States greater than one acre in
accordance with the "Notification" general condition. For discharges in
special aquatic sites, including wetlands, the notification must also include
a delineation of affected specific aquatic sites, including wetlands; and
c. the discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project. ,
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions and provided
you receive a Section 401 water quality certification from the N.C. Division
of Environmental Management and, in the coastal area, a consistency
determination from the N.C. Division of Coastal Management. You should
contact Mr. John Dorney, telephone [phone], regarding water quality
certification, and Mr. Steve Benton, telephone [phone], regarding
consistency determination. This nationwide permit does not relieve you of the
responsibility to obtain other required State or local approval.
.a
-2-
This verification will be valid for 2 years from the date of this letter
unless the nationwide authorization is modified, reissued, or revoked. Also,
this verification will remain valid for the 2 years if, during that period,
the nationwide permit authorization is reissued without modification or the
activity complies with any subsequent modification of the nationwide permit
authorization. If during the 2 years, the nationwide permit 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 nationwide permit,
activities which have commenced (i.e., are under construction) or are under
contract to commence in reliance upon the nationwide permit will remain
authorized provided the activity is completed within 12 months of the date of
the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify,
suspend, or revoke the authorization.'
Questions or comments may be addressed to Mr. Jeffery Richter, Wilmington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
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
il • John Dorney
/."
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
G. Wayne Wright
Chief, Regulatory Branch

JI

® North Carolina Wildlife Resources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John Dorney, Division of Environmental a t;
Department of EH&NR
FROM: Richard B. Hamilton ; "?
Assistant Director d u?
DATE: June 23, 1992
SUBJECT: 401 Water Quality Certification DX..?eth and Ellen
NewBold, wetlands associated with Beaverdam Creek,
Duplin County, North Carolina.
The Wildlife Resources Commission has reviewed the subject
document and professional biologists from our staff are familiar
with the habitat values of the project area. An onsite
investigation was completed on June 4, 1992 to assess impacts to
fish and wildlife resources. Our comments are provided in
accordance with certain provisions of the Fish and Wildlife
Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et
seq.), the North Carolina Environmental Policy Act (G.S. 113A-1
et seq., as amended; 1 NCAC 25), and the Coastal Area Management
Act ( G.S. 113 A-100 through 113A-128).
The applicant, Kenneth R. and Ellen S. Newbold, are
requesting 401 water quality certification to fill 1-2 acres of
1404' wetlands under the jurisdiction of the U.S. Army Corps of
Engineers. The purpose of this work is construct a pond and dam.
The wetlands in question are a hardwood bottom vegetated with
species such as water oak, yellow poplar, sweet gum and red
maple. The area is utilized by a wide variety of wildlife
species. The area also serves as an important water filtration
and recharging area. Although the acreage impacted is to be
small, the Wildlife Resources Commission cannot support the
destruction of wetlands for pond construction. We recommend a
non-wetland site be found for pond construction and that the
permit be denied.
Thank your for opportunity to comment on this project. If
we can be of further assistance, please contact us.
RBH/lp
cc: The Honorable R. G. Sowers, III
Bobby Maddrey, District 2 Wildlife Biologist
.• - „a SrNEo
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street 0 Raleigh, North Carolina 27604
James G. Martin, Governor George T. Everett, Ph.D.
William W. CobeY, Jr., Secretary Director
Ken and Ellen Newbold
Route 2, Box 255
Rose Hill, N.C. 28458-9533
Dear Mr. and Mrs. Newbold:
Subject: Proposed Fill in
Pond construction
Duplin County
Headwaters or Isolated Wetlands
DEM Project # 92257
Upon review of your request for Water Quality Certification
to place fill material in up to 2 acres of wetlands for
pond construction located at SR 1915 in Duplin 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 919/733-1786.
Sincerely,
o ge T. Everett
GTE:JD/newbold.ltr/jrd-gc
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Regional Office
Wilmington DEM Regional Office
Mr. John Dorney
Central Files REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900 919/8967007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27620-0535 Telephone [phone]
An Equal Oprx)nunin Atfirmati- Action Employer

DIVISION OF ENVIRONMENTAL MANAGEMENT
MEMORANDUM
Date: June 4, 1992
To:
-J4,Dhh- Dorn
Planning Branch
From:
Through:
James H. Gregs
Wilmington Rqg
Dave Adkins I"
Wilmington Reg
Office
Of f ice
JUN - a TZM
Subject: Regional Office Review and Recommendations
Application for Permit for Excavation and/or Fill
Central Office Permit #92257
Ken and Ellen Newbold
Duplin County
PROJECT DESCRIPTION: The applicant proposes to construct a 1-2
acre pond within the headwaters of Beaverdam Branch.
ADJACENT WATER BODY: Beaverdam Branch
CLASSIFICATION: CSw
The project has been reviewed to determine impacts to water
quality. The following comments have been provided.
A site visit was conducted along with Jeff Richter of the
Corps of Engineers on May 11, 1992.
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.
3. The proposed project should be done in such a way as to not
cause the turbidity outside the immediate construction area
to exceed 50 NTU.
This office has no objection to the project as proposed.
JHG:92257.Jun
cc: Wilmington Regional Office Files
Central Files

DEM. ID: (z Z?? ACTION ID:
NATIONWIDE PERMIT APPLIED FOR (PROVIDE NATIONWIDE PERMIT #):
JOINT APPLICATION FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO CORPS OF ENGINEERS
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]
NEAREST TOWN OR CITY: i('v s.r /FSPECIFIC LOCATION (INCLUDE ROAD I
I E
MAY 1 d 1992
rrCIL
?
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE W!
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME: /\CNy?T? ?" ?? ?" //E? s• " " G/??OL?
2. OWNERS ADDRESS :
3. OWNERS PHONE NUMBER (HOME): ( WORK) : DD ES ?? y
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: /l/•.???? b ?=
5. LOCATION OF PLANNED WORK (`A?TTACU
COUNTY :
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MaK
NC DEPARTMENT OF ENVIRONME r
AND NATURAL RESOURCES D
P.O. BOX 29535
RALEIGH, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone]
MAP C ,
//? c.
LANDMARKS, ET ):
/l.Ci -fG--
a
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)
64,
/
.
J0,96' // .-?iC f of ?%yC</O • V?f % -- S 1 -S-G
:
6. NAME OF CLOSEST STREAM/RIVER

7. RIVER BASIN: py y Rr°?
8. IS THIS PROJECT LOCATED IN A WATERSHEQ,CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES [ ) NO
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ j NO
IF YES, EXPLAIN.
10. ESTIMATED TOTAL. NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
/-3

4

-2-
11. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT:
FILLED:
DRAINED:
FLOODED:
EXCAVATED:
TOTAL IMPACTED:
1,4
12. DESCRIPTION OF PROPOSED jp?ORK (ATTACH PLANS) :
/'0.zd
13. PURPOSE OF PROPOSED WORK: ???? /3??r,?+y' or= f-yl t ? /fwO
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. f- , s .4 t 4? 4) w1(7, Lo e., C, / /J/ u-,- rg!!G n
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 T T MAY BE AFFECTE BY THE
PROPOSED PROJECT.. HAVE YOU DONE SO? YES M NO [ j `f C"? e /V"
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED LTyO ORPsS?
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION /OFFICE
(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 ??J?"/'
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS. d SrJfE
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 /K/4
COPY.
E. WHAT IS LAND USE OF SURROUNDING PROPERTY?
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? /y /W

IS SIGNATURE DATE
I
INFORMATION SHEET
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE CORPS OF ENGINEERS
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
A. NOTIFICATION TO THE CORPS OF ENGINEERS DISTRICT ENGINEER. (REFER TO
ITEM B. BELOW FOR DIVISION OF ENVIRONMENTAL MANAGEMENT NOTIFICATION
REQUIREMENTS AND SPECIFICALLY NOTE NWP 26 DIFFERENCE.)
Certain nationwide permits require notification to the Corps of Engineers
before work can proceed. They are as follows:
NWP 5 (only for discharges of 10 to 25 cubic yards)
NWP 7
NWP 13 (only for stabilization activities in excess of 500 feet in length
or greater than an average of one cubic yard per running foot)
NWP 14 (only for fills in special aquatic sites, including wetlands, and
must include a delineation of affected special aquatic sites)
NWP 17
NWP 18 (required when discharge exceeds 10 cubic yards or the discharge is
in a special aquatic site and must include a delineation of the affected
special aquatic site, including wetlands)
NWP 21 (must include a delineation of affected special aquatic sites,
including wetlands)
NWP 26 (only for greater than 1 acre total impacts and must include a
delineation of affected special aquatic sites, including wetlands)
NWP 33 (must include a restoration plan of reasonable measures to avoid
and minimize impacts to aquatic resources)
NWP 37
NWP 38 (must include a delineation of affected special aquatic sites,
including wetlands)
For activities that may be authorized by the above listed nationwide permits
that require notification, the applicant shall not begin work
a. Until notified that the work may proceed under the nationwide permit
with any special conditions imposed by the District Engineer, or
b. If notified that an individual permit may be required, or
c. Unless 30 days (calendar) have passed from the time a complete
notification is received by the District Engineer and no notice has been
received from the District Engineer, and required state approvals have been
obtained. Required state approvals include: 1) a Section 401 water quality
certification if authorization is requested for a discharge of dredged or fill
material, and 2) an approved coastal zone management consistency determination
if the activity will affect the coastal area.
3/25/92
1

-2-
Use of NWP 12 also requires notification to the District Engineer, but work
may not begin until written concurrence is received from the District
Engineer. The time periods described above do not apply. Furthermore,
requirements to notify the U.S. Fish and Wildlife Service (USFWS), the
National Marine Fisheries Service (NMFS), and the State Historic Preservation
Office (SHPO), as indicated below and on the notification form, do not apply.
B. REQUEST TO DEM FOR NATIONWIDE PERMIT SECTION 401 GENERAL CERTIFICATION
CONCURRENCE OR INDIVIDUAL SECTION 401 CERTIFICATION.
Certain nationwide permits were denied general 401 certification by the State
of North Carolina and, thus, require individual Section 401 water quality
certifications. They are NWP 6, NWP 17, NWP 21, and NWP 34.
Certain nationwide permits have general certifications, but require
concurrence from the N.C. Division of Environmental Management that the
general certification applies to a proposed action. They are NWP 7, NWP 12,
NWP 13, NWP 14, NWP 15, NWP 16, NWP 18, NWP 26 (if greater than 1/3 acre total
impact), NWP 33, NWP 38, and NWP 40. NWP 23 requires only that the applicant
notify DEM.
C. APPLICATION PROCEDURES.
The attached form should be used to obtain approval from the corps of
Engineers and/or the N.C. Division of Environmental Management as specified
above. The applicant should make sure that all necessary information is
provided in order to avoid delays. One copy of the application is required by
the Corps of Engineers and seven copies are required by DEM. Plans must be on
8 1/2 x 11 inch paper.
Endangered species requirement: For Corps of Engineers notifications only,
applicants must notify the U.S. Fish and Wildlife Service and/or the National
Marine Fisheries Service regarding the presence of endangered species that may
be affected by the proposed project.
U.S. FISH AND WILDLIFE SERVICE
RALEIGH FIELD OFFICE
P.O. BOX 33726
RALEIGH, NC 27636-3726
Telephone [phone]
NATIONAL MARINE FISHERIES SERVICE
HABITAT CONSERVATION DIVISION
PIVERS ISLAND
BEAUFORT, NC 28516
Telephone [phone]
Historic resources requirement: For Corps of Engineers notifications only,
applicants must notify the State Historic Preservation Office regarding the
presence of historic properties that may be affected by the proposed project.
STATE HISTORIC PRESERVATION OFFICE
N.C. DIVISION OF ARCHIVES AND HISTORY
109 EAST JONES STREET
RALEIGH, NC 27601
[phone]
Information obtained from these agencies should be provided to the Corps.
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DEM ID: ?Z25--7 ACTION ID:
NATIONWIDE PERMIT APPLIED FOR (PROVIDE NATIONWIDE PERMIT ,f):
JOINT APPLICATION FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO CORPS OF ENGINEERS
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONME ,
P.O. BOX 1890 AND NATURAL RESOURCES
WILMINGTON, NC 28402-1890 P.O. BOX 29535
ATTN: CESAW-CO-E RALEIGH, NC 27626-0535 MAY 1 4 1992
Telephone [phone] ATTN: MR. JOHN DORNEY
Telephone [phone]
WETLANDS Gf uOU?
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME: /?GNycTf7? ?• ?Hd L ??Ey `S' /!/G?`,??G?
2. OWNERS ADDRESS: O-T?
os? , ?! ?, c• a??s? -y.r-33 ou lye y J
3 . OWNERS PHONE NUMBER (HOME): ( WORK) : DES ?° ???
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
5. LOCATION OF PLANNED WORK (ATTAC MAP).
COUNTY : v 1,-" '^' ;'A" (f '
/?
NEAREST TOWN OR CITY: ° S.: If-, /? f2G h,
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETA.):
IV' 17 41i5C 0?
V . ,jzc?r ?r ?•. Vtic' T`-? ° S / -sc- ?? v ?` o....-' s r if° ?r
6. NAME OF CLOSEST STREAM/RIVER: Z?`'?"`'¢? M`'?
7. RIVER BASIN:
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES [ I NO ?V1
9. HAVE ANY SECTION 404 PERMITS BEEN 7OUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ ) NO IF YES, EXPLAIN.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
/-3

-2-
11. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT:
FILLED:
DRAINED:
FLOODED :
EXCAVATED:
TOTAL IMPACTED: /?
12. DESCRIPTION OF PROPO ED ORK (ATTACH PLANS) :
13. PURPOSE OF PROPOSED WORK:
DAB y ?? (o G 4.? SS
--T
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
/ ? u,." Y'LG j?• c?7
IMPACTS. S e,- c"
-77,3 4- 4;6
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 T T MAY BE AFFECTE BY THE
PROPOSED PROJECT., HAVE YOU DONE SO? YES [ NO [ ) `%G-`ee "f'e'e N?
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO dOE,`` S
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER s/
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH
MAY BE AFFECTED BY THE PROPOSED PROJECT? Awe
HAVE YOU DONE SO? YES R/r NO
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS. Ia/c
17. ADDITIONAL INFORMATION REQUIRED BY DEM:
A. WETLAND DELINEATION MAP SHOWING ALL W?EET,LLANDS, STREAMS, AND LAKES ON
THE PROPERTY. 5,5c- ?7y d /,,'/
B. IF AVAILABLE, REPRESENTATIVE OTOG?tAPH OF WETLANDS TO BE IMPACTED BY
PROJECT. '5?y 1 --
IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
C.
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. IYl,4
D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH 101
COPY.
E. WHAT IS LAND USE OF SURROUNDING PROPERTY?
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? Awl
-5?-//'fJZ
IS SIGNATURE DATE

p
INFORMATION SHEET
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE CORPS OF ENGINEERS
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
A. NOTIFICATION TO THE CORPS OF ENGINEERS DISTRICT ENGINEER. (REFER TO
ITEM B. BELOW FOR DIVISION OF ENVIRONMENTAL MANAGEMENT NOTIFICATION
REQUIREMENTS AND SPECIFICALLY NOTE NWP 26 DIFFERENCE.)
Certain nationwide permits require notification to the Corps of Engineers
before work can proceed. They are as follows:
NWP 5 (only for discharges of 10 to 25 cubic yards)
NWP 7
NWP 13 (only for stabilization activities in excess of 500 feet in length
or greater than an average of one cubic yard per running foot)
NWP 14 (only for fills in special aquatic sites, including wetlands, and
must include a delineation of affected special aquatic sites)
NWP 17
NWP 18 (required when discharge exceeds 10 cubic yards or the discharge is
in a special aquatic site and must include a delineation of the affected
special aquatic site, including wetlands)
NWP 21 (must include a delineation of affected special aquatic sites,
including wetlands)
NWP 26 (only for greater than 1 acre total impacts and must include a
delineation of affected special aquatic sites, including wetlands)
NWP 33 (must include a restoration plan of reasonable measures to avoid
and minimize impacts to aquatic resources)
NWP 37
NWP 38 (must include a delineation of affected special aquatic sites,
including wetlands)
For activities that may be authorized by the above listed nationwide permits
that require notification, the applicant shall not begin work
a. Until notified that the work may proceed under the nationwide permit
with any special conditions imposed by the District Engineer, or
b. If notified that an individual permit may be required, or
c. Unless 30 days (calendar) have passed from the time a complete
notification is received by the District Engineer and no notice has been
received from the District Engineer, and required state approvals have been
obtained. Required state approvals include: 1) a Section 401 water quality
certification if authorization is requested for a discharge of dredged or fill
material, and 2) an approved coastal zone management consistency determination
if the activity will affect the coastal area.
3/25/92

-2-
Use of NWP 12 also requires notification to the District Engineer, but work
may not begin until written concurrence is received from the District
Engineer. The time periods described above do not apply. Furthermore,
requirements to notify the U.S. Fish and Wildlife Service (USFWS), the
National Marine Fisheries Service (NMFS), and the State Historic Preservation
Office (SHPO), as indicated below and on the notification form, do not apply.
B. REQUEST TO DEM FOR NATIONWIDE PERMIT SECTION 401 GENERAL CERTIFICATION
CONCURRENCE OR INDIVIDUAL SECTION 401 CERTIFICATION.
Certain nationwide permits were denied general 401 certification by the State
of North Carolina and, thus, require individual Section 401 water quality
certifications. They are NWP 6, NWP 17, NWP 21, and NWP 34.
Certain nationwide permits have general certifications, but require
concurrence from the N.C. Division of Environmental Management that the
general certification applies to a proposed action. They are NWP 7, NWP 12,
NWP 13, NWP 14, NWP 15, NWP 16, NWP 18, NWP 26 (if greater than 1/3 acre total
impact), NWP 33, NWP 38, and NWP 40. NWP 23 requires only that the applicant
notify DEM.
C. APPLICATION PROCEDURES.
The attached form should be used to obtain approval from the corps of
Engineers and/or the N.C. Division of Environmental Management as specified
above. The applicant should make sure that all necessary information is
provided in order to avoid delays. One copy of the application is required by
the Corps of Engineers and seven copies are required by DEM. Plans must be on
8 1/2 x 11 inch paper.
Endangered species requirement: For Corps of Engineers notifications only,
applicants must notify the U.S. Fish and Wildlife Service and/or the National
Marine Fisheries Service regarding the presence of endangered species that may
be affected by the proposed project.
U.S. FISH AND WILDLIFE SERVICE
RALEIGH FIELD OFFICE
P.O. BOX 33726
RALEIGH, NC 27636-3726
Telephone [phone]
NATIONAL MARINE FISHERIES SERVICE
HABITAT CONSERVATION DIVISION
PIVERS ISLAND
BEAUFORT, NC 28516
Telephone [phone]
Historic resources requirement: For Corps of Engineers notifications only,
applicants must notify the State Historic Preservation office regarding the
presence of historic properties that may be affected by the proposed project.
STATE HISTORIC PRESERVATION OFFICE
N.C. DIVISION OF ARCHIVES AND HISTORY
109 EAST JONES STREET
RALEIGH, NC 27601
[phone]
Information obtained from these agencies should be provided to the Corps.
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