19920024 Ver 1_COMPLETE FILE_19920101

CAM
C ? STATE v
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor March 18, 1992 George T. Everett, Ph.D.
William W. Cobey, Jr., Secretary Director
Ms, Willie Mae Davis
Route 1, Box 388-B
Rocky Point, North Carolina 28457
Dear Ms. Davis:
Subject: Proposed Fill in
Ditch Maintenance
Pender County
DEM 92024, COE #
Headwaters or Isolated Wetlands
199200432
Upon review of your request for Water Quality Certification
to place fill material in 0.33 acres of wetlands for ditch
maintenance located at SR 1411 in Pender 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 or 919/733-1787.
Sincerely,
U' kQ-l
rge T. Everett
GTE:JD
Attachment
cc: Wilmington District Corps of Engineers
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 919/733-2314 919/946-6481 919/395-3900 919/896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
4.
DIVISION OF ENVIRONMENTAL MANAGEMENT
Date: March 11, 1992
To: John Dorney
Planning Branch
From: James H. Gregsoa
Wilmington Regional Office
Through: Dave Adkins
Wilmington Regiona Office
Subject: Regional Office Review and Recommendations
Application for Permit for Excavation and/or Fill
Willie Mae Davis
Central Office Permit #92024
Pender County
PROJECT DESCRIPTION: The applicant proposes to clean out
existing ditches resulting in impacts to approximately 2.5 acres
of wetlands.
ADJACENT WATER BODY: Kellys Creek
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 Gene Benton of the
Corps of engineers on February 26, 1992. Conversations with Gene
Benton subsequent to the site visit indicate the applicant now
proposes to construct the majority of the ditch along the
perimeter of an existing field, reducing wetland impacts to less
than 1/3 acre.
This office has no objection to the project as proposed.
cc: Wilmington Regional Office Files
Central Files
y* 01-27-92 01:20 PM P02/05
"j :R v
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NC 28402-1890
Action ID; _179 z o m fejp ATTN : CESAW-CO-E
SAW2b-
PRE-DISCHARGENOTIFICATION FORM FOR NATIONWIDE PERMIT 26
NOTES: If the loss and substantial adverse modification of wetlands is 1o
acres or more or if any of the conditions listed below are not met, the
applicant must submit an individual permit application. Please contact the
District for forma and information.
Qpplioant is required to obtain a Section 401 Water Quality Certification from
the State of North Carolina for NWP 26 to be valid. This certification should
be furnished With this pre-discharge notification.
PLEASE PRINT R TYPE
A.
1. OWNERS NAME:, In 3. OWNERS PHONE NUMBER (HOME) ; 0292-- 4E (WORK) :
4. LOCATION OF PLANNE WORK: COUNTY:
NEAREST TOWN OR CITY:
SPECIFIC Lnr_ATTnu ! TKYOT IT a en, __ . _ __

(ATTACH PLANS): -
IY
7. -APPROXIMATE SIZE OF WATERS AND WETLANDS WHICH WILL BE LOST OR v ?
SUBSTANTIALLY ADVERSELY MODIFIED AS A RESULT OF THE PROPOSED WORK: 2 2
aye res
8. INFWMATION THAT THE APPLICANT ELIEVES 14,I
7-1, ` i , ` _ APPROPRIATE;
REVISED AUG 1991
r 0
01-27-92 01:20 PM
P03/05
4. DO YOU HAVE KNOWLEDGE OF THE EXISTENCE OF NDANGERED SPECIES ON ORr
NEAR THE PROPOSED PROJECT AREA? YES [ ] No 1y1
IF YESt 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? j ]
11. WILL THE ACTIVITY INTERFERE WITH NAVIGATION? YES [ ] NO ]
B. CONDITIONS. THE FOLLOWING CONDITIONS MUST BE MET FOR THE NATIONWIDE
PERMITS TO BE VALID (33 CFR 330.5-.6):
NON I
1. DISCHARGE OF DREDGED OR FILL MATERIAL WILL NOT NO.. T ?
OCCUR IN THE PROXIMITY OF A PUBLIC WATER SUPPLY
INTAKE.
2. DISCHARGE OF DREDGED OR FILL MATERIAL WILL NOT ] j ]
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 ?] L ]
MOVEMENT
PRIMARY AQUATIC
PURPQ E OF INDIGENOUS THE ILL TO
IS
TO IMPOUND WATER).
4. DISCHARGE OF DREDGED OR FILL MATERIAL SHALL CONSIST ?/] ( ]
OF SUITABLE MATERIAL FREE FROM TOXIC POLLUTANTS IN TOXIC
+usr AMOUNTS.
5. ANY STRUCTURE OR FILL AUTHORIZED SHALL BE PROPERLY ?] ( ]
MAINTAINED.
6. THE ACTIVITY WILL NOT OCCUR IN A COMPONENT OF THE ?IGr] ]
NATIONAL WILD AND SCENIC RIVER SYSTEM; NOR IN A RIVER
CURRENTLY DESIGNATED BY CONGRESS AS A "STUDY RIVER" FOR
POSSIBLE INCLUSION.
T. .THE CONSTRUCTION OR OPERATION OF THE ACTIVITY WILL/] t
NOV IMPAIR RESERVED TRIBAL RIGHTS.
8. THE MANAGEMENT PRACTICES LISTED BELOW HAVE SEEN] ( ]
FOLLOWED TO THE MAXIMUM EXTENT PRACTICABLE.
01-27-92 01:20 PM
P04/05
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,
N&T NOT MET
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
SEASONS SHALL BE AVOIDED.
3. DISCHARGES SHALL NOT RESTRICT OR IMPEDE THE
[ j
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, ? ] ( ]
ADVERSE IMPACTS ON THE AQUATIC SYSTEM CAUSED, BY THE
ACCELERATED PASSAGE OF WATER AND/OR THE RESTRICTION OF
ITS FLOW SHALL BE MINIMIZED.
5. WICHAEC)EL61 TLAND REAS HALL BF?,?gV6. UIPMENT WO KING IN WETL DS S AVY AN HBE P fO#'DE?D
CED ?/] [ ]ON MATS.
T. DISCHARGES INTO BREEEDING AREAS FOR MIGRATORY ?[?j { ]
WATERFOWL SHALL BE AVOIDED.
8, ALL TEMPORARY FILLS SHALL BE REMOVED IN THEIR) [ J
ENTIRETY,
OWNER'S SIGNATURE DATE
If_APPLICABLE:
AGENT'S NAME:
AGENT'S ADDRESS:
AGENT'S PHONE NUMBER:
AGENT'S SIGNATURE DATE
' 01-27-92 01:20 PM P05/05

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Po. sox 18$0
WILMINGTON. NORTH CAROLINA 28402.16@0
`, R
W AMY RE VTO December Z, 1991 :;' a %61
Regulatory Branch

Action ID. 199200432, Wetland Determination
Ms. Willis Mae Davis
Ashton Road
Rocky point, North Carolina 28457
Dear No. Davist a /"?p - l '?L -;- S
On amber 7, 1989, Me. Jean Benton of my staff met with >tr....Carl
Hardie of pendvr county water'Hanagement at your property located off B.R.
1411, above the headwaters of Kellys Creek, near Rocky Point, Ponder County,
North Carolina, to determine the presence of wetlands subject td our
regulatory jurisdiction pursuant to section 404 of the Clean Water Act.
Mr. Hardison indicated to Ms. Benton that you had a problem with
mosquitoes. In order to improve the drainage of the.ditchos, Mr. Hardison
believed that the ditch would need to be excavated to a depth of 30-36 inches.
The fill associated with sidecast spoil material from the drainage ditch
excavation will require a Department of the Army Individual Permit.
Issuance of Department of the Army tuthorisation must precedo any
placement of excavated or fill material within any wetlands on your property.
Unauthorized activity would be a violation of Federal law.
Your proposed placement of this fill material may qualify for rederal
authorization pursuant to nationwide permit (33 CPR 330.5(a) (26)). Please
complete the enclosed pre-diecharge notification (PDN) form and submit it with
a copy of your Section 401 Water Quality Certification from the North Carolina
Division of Environmental Management. The Section 401 Certification is
required to validate nationwide permit No. 26 in the state of North Carolina;
and therefore, it must be submitted with the PDN application.
We cannot. proceed with the processing of your application until after we
have received your completed PDN force and the 401 Certification.
Inclosed is a copy of the Wetland Determination Dorm, providing specific
information obtained at stations on your property. The data on this form
supports the delineation of wetlands on your site as set forth by the criteria
in the 1987 "Corps of Engineers Wetland Delineation Manual".
?j
4
01-27-92 01,20 PM

P.+ MM it
DAT& -
m
,1'P01/05

"4 „? NAML. FAX FAX • c-,j
=AL NL"9R OF f'A

i
•?, 7-92 01 :20 PM
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NC 28402-1890
Action ID: 1 9 9 2 o mATTN: CESAW-CO-E
SAW26-
PRE-DISCHARGE NOTIFICATION FORM FOR NATIONWIDE PERMIT 26
NOTES: If the loss and substantial adverse modification of wetlands is f0
acres or more or if any of the conditions listed below are not met, the
applicant must submit an individual permit application. Please contact the
District for forms and information.
P02/05
Applicant is required to obtain a Section 401 Water Quality Certification from
the State of North Carolina for NWP 2$ to be valid. This certification should
be furnished with this pre-discharge notification.
PLEASE PRINT OR TYPE
A.
1. OWNERS NAME :
2. OWNERS ADDRES•
3. OWNERS PHONE NUMBER (HOME): C29L __?5_7209_ (WORK)
4. LOCATION OF PLANNED WORK: COUNTY:
NEAREST TOWN OR CITY:
SPEC C L TION (INCLUDE 13 EAR NAMES, ROAD NUMBERS, ETC.):
5. DESCRIPTION OF PROP A WORK (ATTACH PLANS):
7. 'APPROXIMATE SIZE OF WATERS AND WETLANDS WHICH WILL RE LOST OR
SUBSTANTIALLY ADVERSELY MODIFIED AS A RESULT OF THE PROPOSED WORK: .?
cr?c r-?'s
8. W ATION JHAT THE APPLICANT,?ELIEVES I,% APPROPRIATE; At
REVISED AUG 1991
U.-27-92 01:20 PM P03/05
j? A NGERED SPECIES ON OR:
9. DO YOU HAVE KNOWLEDGE OF THE EXISTENCE OF %
NEAR THE PROPOSED PROJECT AREA? YES O ]
IF YESt 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? S [ J NQ j
11. WILL THE ACTIVITY INTERFERE WITH NAVIGATION? YES [ ] NO ]
B, CONDITIONS. THE FOLLOWING CONDITIONS MUST BE MET FOR THE NATIONWIDE
PERMITS TO BE VALID (33 CPR 330,5-.6):
r T Na„?MET
1. DISCHARGE Off DREDGED OR FILL MATERIAL WILL NOT 'FT
OCCUR IN THE PROXIMITY OF A PUBLIC WATER SUPPLY
INTAKE.
2. DISCHARGE OF DREDGED OR FILL MATERIAL WILL NOT Yy] [ ]
OCCUR IN AREAS OF CONCENTRATED SHELLFISH PRODUCTION
UNLESS THE DISCHARGE IS DIRECTLY RELATED TO AN AUTHORIZED
SHELLFISH HARVESTING ACTIVITY.
[ j
3. THE ACTIVITY SHALL NOT SIGNIFICANTLY DISRUPT THE
MOVEMENT OF THOSE SPECIES OF AQUATIC LIM INDIGENOUS TO
THE WATERRODY (UNLESS THE PRIMARY PURPOSE OF THE FILL IS
TO IMPOUND WATER).
4, DISCHARGE OF DREDGED OR FILL MATERIAL SHALL CONSIST '/] [ ]
OF SUITABLE MATERIAL FREE FROM TOXIC POLLUTANTS IN TOXIC
AMOUNTS.
5. ANY STRUCTURE OR FILL AUTHORIZED SHALL BE PROPERLY ?j ( ]
MAINTAINED.
r] [ ]
6. THE ACTIVITY WILL NOT OCCUR IN A COMPONENT OF THE
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/] [ ]
NOV IMPAIR RESERVED TRIBAL RIGHTS.
8. THE MANAGEMENT PRACTICES LISTED BELOW HAVE BEEN
V'] [ ]
FOLLOWED TO THE MAXIMUM EXTENT PRACTICABLE.
U,227-92 01:20 PM
C. MANAGEMENT PRACTICES, THE FOLLOWING MANAGEMENT PRACTICES SHALT. BE
,,.., F'-LLOWED 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. V
NOT MET
1. DISCHARGE OF DREDGED OR FILL MATERIAL INTO WATERS [ l OF THE UNITED STATES SHALL BE AVOIDED OR MINIMIZED
THROUGH THE USE OF OTHER PRACTICAL ALTERNATIVES. ?t
2, DISCHARGES IN SPAWNING AREAS DURING SPAWNING 1? l L
SEASONS SHALL BE AVOIDED.
3. DISCHARGES SHALL NOT RESTRICT OR IMPEDE THE WATERS OR S [ ,
MOVEMENT OF AQUATIC SPECIES INDIGENOUS TO THE
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,
ADVERSE IMPACTS ON THE AQUATIC SYSTEM CAUSED BY THE
ACCELERATED PASSAGE OF WATER AND/OR THE RESTRICTION OF
ITS FLOW SHALL BE MINIMIZED.
W FTLA23D REAS HALL BF??UOIDED.. ?l L
5, I CF P 1 6 N 6. H AVY EQUIPMENT
fi)f WO KING IN WETLANDS SHALI BE A?. CED )VI
ON MATS.
NTO BREEEDING AREAS FOR MIGRATORY 3 I
P04/05
7. DISCHARGES J
WATERFOWL SHALL BE AVOIDED. y
8. ALL TEMPORARY FILLS SHALL BE REMOVED IN THEIR '6,11 L l
ENTIRETY.
OWNER'S SIGNATURE DATE
F_ APPLI CABLE :
AGENT'S NAME:
AGENT'S ADDRESS:
AGENT'S PHONE NUMBER:
AGENT'S SIGNATURE DATE
•r?p 0, 27-92 01, 20 PM
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
RO. SOX 1890
w`• WILMINGTON, NORTH CAROLINA 28402-1890 y?y
Ir
INRMYREFERTO December 2, 1991 .' ?_? r
Regulatory Eranch
Action 1D. 199200432, Wetland Determination J, N
Me. Willis Mae Davis
Ashton Road
Rocky point, North Carolina 28457
Dear He. Davies
P05/05

-VED
A1951
on November 7, 1969, Ms. Jean Banton of my staff met with Mr....Carl
Hardison of Pander County Water. Management at your property located off S.R.
1411, above the headwaters of Keilys Creek, near Rocky Point, Pander County,
North Carolina, to determine the presence of wetlands subject td our
regulatory jurisdiction pursuant to Section 404 of the Clean Water Act.
Mr. Hardison indicated to Ma. Benton that you had a problem with
mosquitoes. In order to improve the drainage of the ditches, Mr. Hardison
believed that the ditch would need to be excavated to a depth of 30-36 inches.
The fill associated with aidecast spoil material from the drainage ditch
excavation will require a Department of the Army Individual Permit.
Iasuanoe of Department of the Army authorization must precede any
placement of excavated or fill material within any wetlands on your property.
Unauthorized activity would be a violation of Federal law.
your proposed placement of this till material may gaalify for federal
authorization pursuant to nationwide permit (33 CPR 330.5(x) (26)). Please
complete the enclosed pre-discharge notification (PDN) form and submit it with
a copy of your Section 401 Water Quality Certification from the North Carolina
Division of Environmental Management. The Section 401 Certification is
required to validate nationwide permit No. 26 in the State of North Carolina;
and therefore, it must be submitted with the PDN application.
We cannot-proceed with the processing of your application until after we
have received your completed PDN form and the 401 Certification.
Inclosed is a copy of the Wetland Determination Form, providing specific
information obtained at stations on your property. The data on this form
supports the delineation of wetlands on your site as met forth by the criteria
in the 2987 "Corps of Engineers Wetland Delineation Manual".

0 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 Management
FROM: Dennis Stewart, Manager A14AI
Habitat Conservation Program APR 2 7
h 1992
DATE: April 16, 1992 N?
WETLANDS6k
SUBJECT: Comments on applications for Section 401 talcffitwial ertification for
Nationwide 404 Permit applications
Biologists on our staff have reviewed the following Nationwide 404 permit
applications and believe that the Section 401 Water Quality Certification can be issued
without significant harm to wetland resources, including fish and wildlife:
4--Jerome Davis, Pender County
2. David Allen, Wildlife Forester, NCWRC.
Due to insufficient staff and time limitations we are unable to comment on several
applications. This "no comment" should not be considered as either approval or
disapproval of the work proposed. These projects are:
1. Willie Mae Davis, Pender County (ID# 199200432)
2. Bridge No. 121, SR 1406, Little Northeast Creek, Onslow County
3. Charles Rhodes, Duplin County
4. Bert Brun & Naomi Reed, Beaufort County
5. Roy C. Sanderson, Pender County
6. Richard H. Overby, Jr. & Randall Overby, Beaufort County
7. Leroy Robinson, Pender County (ID# 199200299).
The following applications contained insufficient information for a meaningful
review:
1. June & Carl Owen, Pender County
2. Sue & Thomas Roper, Pender County.
We appreciate the opportunity to comment on these applications. If we can provide
further assistance, please call on us.
cc: Bobby Maddrey, District 2 Wildlife Biologist