19930949 Ver 1_COMPLETE FILE_19931112

MEMO
DATE:
TO:
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SUBJECT:.

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From:
t j' North Carolina Department of Environment,
?, ..? Health, and Natural Resources g? Printed on RecycledFapei
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State of North Carolina
Department of Environment,
Health and Natural Resources A ?.
Division of Environmental Management -?I
James B. Hunt, Jr., Governor
Jonathan B, Howes, Secretary
E H N R
A, Preston Howard, Jr„ P,E„ Director
December 15, 1993
John and Shelva Houston
1468 Lanefield Road
Warsaw, N.C. 28398
Dear Mr. & Mrs. Houston:
Subject: Proposed fill in Wetlands or Waters
Farm access road
Duplin County
DEM Project # 93949
Upon review of your request for 401 Water Quality Certification
to place fill material in 0.33 acres of wetlands or waters which are
tributary to Marsh Grove Creek for road access located at SR 1900 in
Duplin County as described in your submittal dated 9 November 1993, we
have determined that the proposed fill can be covered by General Water
Quality Certification No. 2732. A copy of the General Certification
is attached. This Certification may be used in qualifying for
coverage under Corps of Engineers' Nationwide Permit No. 14.
If this Certification is unacceptable to you, you have the right
to an adjudicatory hearing upon written request within thirty (30)
days following receipt of this Certification. This request must be in
the form of a written petition conforming to Chapter 150B of the North
Carolina General Statutes and filed with the Office of Administrative
Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. Unless such
demands are made, this Certification shall be final and binding.
If you have any questions, please contact John Dorney at 919-733-
1786.
Sincerely,
i ? J1f^
reston' - owar Jr. P. E.
93949.1tr /l
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
Mr. John Dorney
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 1 096 post-consumer paper
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
October 27, 1993
IN REPLY REFER TO
Regulatory Branch
-31993
rr s,
Action ID No. 199400236 and Nationwide Permit No. 26 (Headwaters
and Isolated Waters)
Mr. John M. Houston
1468 Lanefield Road
Warsaw, North Carolina 28398
Dear Mr. Houston:
Reference your application of August 11, 1993, concerning
your proposed construction of a road through wetlands of a
tributary of Marsh Grove Creek, on your property off SR 1800,
west of Kenansville in Duplin County, North Carolina.
Mr. Jeff Richter of my staff has reviewed your proposed
plans and has determined that this work will involve impacts to
less than one acre of wetlands subject to our regulatory
jurisdiction, pursuant to Section 404 of the Clean Water Act.
Furthermore, the area to be impacted is located in the headwaters
of the tributary. Therefore, your work can be authorized by our
Nationwide Permit No. 26.
For the purposes of the U.A. 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 into headwaters and
isolated waters.
Your work is authorized by this NWP provided it is
accomplished in strict accordance with the enclosed conditions
and provided you receive a Section 401 water quality
certification from the North Carolina Division of Environmental
Management (NCDEM). You should contact Mr. John Dorney,
telephone [phone], regarding this water quality
certification. This NWP does not relieve you of the
responsibility to obtain other required State or local approval.
-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 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.
Questions or comments may be addressed to Mr. Richter,
Wilmington Field Office, Regulatory Branch, telephone (919)
251-4636.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
-3-
Copies Furnished (without enclosure):
Mr. Steve Benton
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
X John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Mr. Jim Gregson
North Carolina Department of
Environment, Health and
Natural Resources
Division of Environmental Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
Mr. Michael Sugg
District Conservationist
Duplin County Soil
Conservation Service
Post Office Box 277
Kenansville, North Carolina 28349

4 _1
MEMORANDUM
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TO
P l .?tlnin; L'r :+tt -, }., ±?11`T'F ; .??-moo-. 9173
SUBJECT: WETLAND STAFF REPOR'T' AND RE('OMMENDA`PT(}N:
*}`h'E'ACH ITEM MUST BE AN.:UERED (TF E N/A FOP N(JT APPLICABLE)
PERMIT YR: 9? PERMIT NO: 00009L_.9 (.'.i)TINTY: DUPLIN
APPLICANT NAME: JOHN M. SI-IEI VA J. HOUSTON
PRO? E(" P TYPh: R0AD /,'WINE. NURSERY PERM-IT-TYPE: M42 t;
C I I I #: DO'I' f
RCD FROM ('DA: APP DATE FR (-'PA:
REU OFFICF: WTRO RTVER ANl? 3iJB IA.= IN # : 03 66.2,0---
STREAM-_CLASS : e-5w
WL__IMPACT? : (22N
STR_ INDEX--N(-):
WL.
WATER IMPA(!'.PED
MI'
WL--TYPE: W
_A(IR_EST? : O)/N
BY FILM: Y40
PIGATION?: Y&
WL_-REQUESTED : G
WL_SCORE ( It ) :
HYDRO_CNECT? : &N
MITIGATION_TYPE:'1??
MT` TGATION_._STZE: it//,l/
IS WETLAND RATING SHEET ATTACHED?: Y/0
RECOMMENDATION (Circle One) : ?11SIJF_ISSUE/COND DENY
COMMENTS : ?1?_a• f s°_?? ?_ -B?_r _ zo -5; .3 . _-----
r v ? vV C.? C
_ -- - a 4-Ij
rc; Regional Office
Central Files
D L? V4 ? U U L5 ?;
O DEC 2 2 i a, ?_

ACTION
DLM ID: 9?99L ID:-112_4.0 6, 736
Nationwide Permit Requested (Provide Nationwide Permit #): ?1P
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT-OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
ATM: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL
NC DEPARTMENT OF ENVIROM
AND NATURAL RESOURCES
P.O. Boz 29535
Raleigh, NC 27626-0535
ATTN: MR..iOHN DORNEY
Telephone [phone]
dtL
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IAICTf
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIR
PLEASE PRINT.
1. Owners Name: To h nl M. -4 S h elU a-, ;', r 0 u S'+o n1
2. Owners Address: La-ne_ i d Ra .. 1,00L 1- 3ca., U) . -00- o2 ?3 1S'
3. Owners Phone Number (Home): (919) A23 - 44 87 (Work): (919) aqr - l951.
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
5. Location of work (MUST ATTACH MAP). County: _n tc C?
Nearest Town or City: 4?e na rJ U i /? G
Specific Location (Include road numbers, landmarks, etc.): ROOD 4 19 DO - 1 Ynde_
P'? h ¢ on/ x- d I r ? ro ftcL i u fo f h e, ? - rs f _ We N,ed 7 o a o 4 "-?L
432 ae`s' ?o,'e,c? d ,3rd ??;2?? - Ijog Ads TVurseVS.
?Z S?r+`ns n-? u?aods ?
6. Name of Closest Stream/River: MQ_V-S ? G f-O er C re e-k
7. River Basin:
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS H? YES [ ] NO Nil'
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO ?,f
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: G
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: D
Drained: O
Flooded: Fp
Excavated: n
Total Impacted:
12. Description of proposed work (Attach PLANS-8 1//22" X 11 " drawings only): t , r, ?I11 a u q ?. ! ?k?c? eCr
QrQa 5 }o h AJe C?CCeSS ?? a -F i e ??S d I, LL J cL a 'Dad . P/aN ro
Pi`a NuxsePUS i ti L14C'
13. Purpose of proposed work: l?u i I 0- rood
Fes
14. State reasons why the applicant believes that this activity must be carried out in wetland . Also not
ad ?e ?C me a ucL
taken to minimize wetland impacts. AJeed4,o dui I I Ck Y'4 +o o ux
n?i cur I, cL-' P I n N Ia 6Li; P'a Nmse-CUL
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service
(NMFS) r?g.thWOtsence or any Federally listed or proposed for listing endangered or threatened species or critical
habitat in 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 FORWARDED TO CORPS.
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 FORWARDED TO CORPS.
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? FA R m I ajol
F. If applicable, what is proposed method of sewage disposal?
PlAmer's Signature G/?°? Date

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99 / ACTION ID: U
DEM 1D:
Nationwide Permit Requested (Provide Nationwide Permit #): o16
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
NT
CORPS OF ENGINEERS DIVISION OF ENVIRONME
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRO
P.O. Box 1890 AND NATURAL RESOURCES
Wilmington, NC 28402-1890 P.O. Boy 29535 .. 9
ATT'N: CESAW-CO-E Raleigh, NC 27626-0535 00
Telephone [phone] ATTN: MR..iOHN DORNEY _a
Telephone [phone]pS GROUP ?,
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO Tmfa? I`QGIIQEERS:
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIR N1'TAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: ' To h n) M ?4 s he 1 Ua, ;:S. ? o u $+0 AJ
2. Owners Address: I L? 1, 3 90- n e. -' i c I d RJ ? 10cL c zcL uj , -0 C c? ?3 9Y
3. Owners Phone Number (Home): (919) cllj - 4q Y7 (Work): (919) ;Zqt - 1851
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
5. Location of work (MUST ATTACH MAP). County: Du P 1 i n/
Nearest Town or City: 4?' M PJ,5 U i I I CL N (L
Specific Location (Include road numbers, landmarks, etc.): RDA 4 19 DU
X6,1)11 onl a- d , r 1' ro ftd i u f o f he, k i r1s f Li eU /1- Lli e- Nt e-d Lao ?h ro ?a?
02 S r s o i good S P,'e l4 d 3 rd t e ?d - 14l 1 IVurSeys'
6. Name of Closest Stream/River: ty" arSh C--7roJe. ?? f e e K
7. River Basin: -!
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO Nl
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO V
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 69
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 0
Drained: O
Flooded: D
Excavated: n
Total Impacted: 0
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): C t'I Throu4 {L s;L e?
0f,-eoS fo hnue ace ecs tv?_ eI Js F-) u?ld a (Dad ??IaN
13. Purpose of proposed work: l?uj I? a. COCLI
14. State reasons why the applicant believes that this activity must be carried out in wetlands,. Also not Tea$u}?es
taken to minimiz4 vfedand.impacts. Afe eA to b u [ d a r o c, d o o LX-'V b F, a K 1 d.
f _ ,'- wit... r': " 1 1. , i I n, _. n ?.. ..,. ,
h ed nta¢,the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service
15. You e
(NMFS) reeenco or any Federally listed or proposed for listing endangered or threatened species or critical
habitat in the permit area that stay be affected by the proposed project. Have you done so? YES[ ] NO
RESPONSES FROM,•'1 SFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
xc y,.
16. You are requiri<d"Cb Vantact 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 [vJ
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
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? 1?A R M Nl
R If applicable, what is proposed method of sewage disposal?
er's Signature L? °`- J Date
?°?- ??g?
0
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??
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??
d
.?
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y--
1
DEM ID: L. 9 ACTION ID: f 291 U A,736
Nationwide Permit Requested (Provide Nationwide Permit #): - 6
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for 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
NC DEPARTMENT OF ENVIRONr
AND NATURAL RESOURCES
P.O. Boy. 29535
Raleigh, NC 27626-0535
ATTN: MR..iOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIR
PLEASE PRINT.
NUV _ 9 i3
((.
1. Owners Name: ?o itl nI /? . -l 5 h e_I Uav ;. N o u STo I?
2. Owners Address: to LO-r, e, -P i C- I d RJ .. I ill C,12, Lt) o? X318'
3. Owners Phone Number (Home): (919) V3 - 4q 87 (Work): (919) .2q. - / F5I4
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
5. Location of work (MUST ATTACH MAP). County: u ? f i n/
Nearest Town or City: 1<?r rj "5 U i lie--- NO-
Specific Location (Include road numbers, landmarks, etc.): Rock 4 19 DU - / M, le- C/o C?o
' 'uhf oly z, d,rl- ropd. i,uio f-ha L-sf We Iy ed 14o 44"-4
Sir +`r?s o -(r woods IQ a d 4 ? d P,'e jd al ,3rd l) d - Ija4 A?? IVwrsc ys .
6. Name of Closest Stream/River: MarS? G foJe Q_,'fe.c' K
7. River Basin:
8. Is this project located in a watershed 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 [ ] NO [f
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 0
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: D
Drained: 0
Flooded: FS)
Excavated: e)
Total Impacted: ?J
Ilk
12. Description of proposed work (Attach PLANS-8 1/ 2" X 11 I" drawings only): C r h Co u a IL ? eCl
Qrea S 4-o h A ue. aCCeSS ?? a t i? ?cLS ?h? kud d a (Dac P la N 10
h??;Ia .? Pr`a NtLSS_N.iS iN L140ICII?ie-?d.
13. Purpose of proposed work: '6u.i Id CL, Cyc)-d
14. State reasons why the applicant believes that this activity must be carried out in wetland . Also not urea $u es
taken to minimize wetland impacts. N.e el -1--3 d u I d a r o a d_ To o LLN L e k ; e l
0 our ANCL ; ?21 14N 1 o pug ??a NM2.ruS r
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service
(NMFSam' rding qpresence or any Federally listed or proposed for listing endangered or threatened species or critical
habitat peimit"area that may be affected by the proposed project. Have you done so? YES[ ] NO [ ?]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
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 [ of
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
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? FA R M I aNd~
F. If applicable, what is proposed method of sewage disposal?
, -B -A L' " ? //-J er's Signature ?? Date