19930576 Ver 1_COMPLETE FILE_19930707

? StATE o
?? ??a .;, ?• 7_81993
u 'Y
State of North Carolina
Department of Environment, Health,--and Natural Resources
Division of Coastal Management
1424 Carolina Avenue, Washington, North Carolina 27889
James B. Hunt, Jr., Governor Roger N. Schecter
Jonathan B. Howes, Secretary Director
7 July 1993 .
Mr. Dennis W. Benston
Route 1, Box 68
Englehard, North Carolina 27824

REFERENCE: Action ID: 199303168
Maintain an historic pond and
fill 4,250 sq. ft. of 404
wetland for wildlife purposes.
Dear Mr. Benston:
The North Carolina Division of Coastal Management has reviewed the above
referenced application for a Nationwide Permit dated 2 July 1993 pursuant to
Section 307 of the Coastal Zone Management Act of 1972 as amended. Based upon
our review, we have determined that the proposed activity is consistent with the
North Carolina Coastal Management Program provided the following conditions are
met.
1. The activity described in the above application qualifies to receive
one of the Nationwide Permits described in 33 CRF Part 330 with the
exception of Numbers 17, 21, 24 and 34 which were found inconsistent
with the North Carolina Coastal Management Program.
2. A 401 Water Quality Certification is received, where required, from
the North Carolina Division of Environmental Management.
This letter does not relieve you of the responsibility to ensure that all
other State authorization and/or permit requirements are met prior to
implementation of the project. Please feel free to contact Mr. Steve Benton at
[phone] if you have any questions or need further assistance.
Sincerely,
/Xr e Moore
T
Y
District Manager
Division of Coastal Management
Washington Regional office
TEM/pp
cc: ?John Dorney - North Carolina Division of Environmental Management, Raleigh
Steve Benton - Federal Consistency Coordinator, DCM, Raleigh
Wilmington District Engineer
ATTN: CESAW-CO-E
1424 Carolina Avenue Washington, N.C. 27889 • Telephone [phone] • Fax [phone]

An Equal Opportunity Affirmative Action Employer
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor.
Jonathan B, Howes, Secretary
A. Preston Howard, Jr., P,E_ Director
Dennis W. Benston
Rt. 1, Box 68
Englehard, N.C. 27824
Dear Mr. Benston:
Subject: Proposed fill
Spoil disposal
Hyde County
DEM Project #
October 4, 1993
,I"" WA
ID FE F1
in Wetlands or Waters
area
93576, COE #199303168
Upon review of your request for 401 Water Quality Certification
to place fill material in 0.1 acres of wetlands or waters which are
tributary to Lake Mattamuskeet for spoil disposal area located off of
SR 1318 in Hyde County as described in your submittal dated 2 July
1993, we have determined that the proposed fill can be covered by
General Water Quality Certification No. 2733. A copy of the General
Certification is attached. This Certification may be used in
qualifying for coverage under Corps of Engineers' Nationwide Permit
No. 18.
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 150D 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.
1786.
Sincerely,
estop Howard, r. P.E.
93576.1tr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional Office
Mr. John Dorney
Central Files
If you have any questions, please contact John Dorney at 919-733-
P,O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 1 0% post-consumer paper
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DEPARTMENT OF THE ARMY ?
WILMINGTON DISTRICT, CORPS OF ENGINE
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
July 28, 1993 wi
IN REPLY HEFEH TO
Regulatory Branch

Action ID. 199303168 and Nationwide Permit No. 18 (Minor Discharges)
Mr. Dennis W. Benston
Route 1, Box 68
Engelhard; North Carolina 27824
Dear Mr. Benston:
Reference your application received July 6, 1993, for Department of the
Army authorization to place fill material within 4,250 square feet (0.10
acre) of 404 wetlands on your property located off S.R. 1318, adjacent Lake
Mattamuskeet National Wildlife Refuge, Lake Landing, Hyde County; North
Carolina. The proposed fill will facilitate the rehabilitation of an existing _
pond.
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, pursuant to Section 10 of the Rivers and Harbors Act and
Section 404 of the-Clean Water Act, was provided for discharges of dredged or
fill material into all waters of the United States provided:
a. The discharge does not exceed 25 cubic yards;
b. The discharge will not cause the loss of more than 1/10 acre of a -
special aquatic site, including wetlands. For the purposes of this nationwide
permit, the acreage limitation includes the filled area plus special aquatic
sites that are adversely affected by flooding and special aquatic sites that
are drained so that they would no longer be a water of the United States as a
result of the project;
C. If the discharge exceeds 10 cubic yards or the discharge is-in a
special aquatic site, including wetlands, the permittee notifies the District
Engineer in accordance with the "Notification" general condition. For
discharges in special aquatic sites, including wetlands,- the notification must
also include a delineation of affected special aquatic sites, including
wetlands' and;
d. The discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project and is not placed for the
purpose of stream diversion.

-2-
Your work is authorized by this NWP provided it is accomplished in strict
accordance with the enclosed conditions. This NWP does not relieve you of the
responsibility to obtain any required State or local approval.
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 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.
As discussed onsite, you should contact the following State agencies to
obtain the required State authorizations prior to starting work: Mr. John
Dorney, North Carolina Division of Environmental Management, telephone (919).
733-1786, and Mr. Steve Benton, North-Carolina Division of Coastal Management,
telephone [phone].
Questions or comments-may-be-addressed to Mr. Raleigh Bland, Washington
Regulatory Field Office, Regulatory Branch,-telephone [phone].
Sincerely,
G Wayne Wright
Chief, Regulatory-Branch
Enclosure
F
1'
6
-3-
Copies Furnished (without enclosure):
,Agee. "John Dorney Mr. John Parker
Water Quality Section North Carolina Department of
Division of Environmental Management Environment, Health and
North Carolina Department of Natural Resources
Environment, Health and Post Office Box 27687
Natural Resources Raleigh, North Carolina 27611-7687
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Mr. Terry Moore, District Manager
North Carolina Division of
Coastal Management
Post Office Box 2188
Washington, North Carolina 27889
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
July 14, 1993
Mr. Dennis Benston
Rt. 1, Box 68
Englehard, N.C. 27824
Dear Mr. Benston:
C) EHNR
Re: Application for 401 Certification, NW 18
Spoil disposal for pond dredging
Hyde County
On 2 July 1993, DEM received an application for
certification for disposal of spoil from dredging a pond.
We are unable to locate your property and project site since
the application was not accompanied by an appropriate map.
Please send seven copies of a map which shows the general
location of the project as well as specific location of the
project. Until we receive this information, I will place this
project on hold.
I can be reached at 919-733-1786 if you have any questions.
Sincere(lx, /
?_- ohn R.Dorney
i
i?
Benston.ltr
Attachment
cc: Wilmington District Corps of Engineers
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 50% recycled/ 1096 post-consumer paper
1 C -L "
TRACT I1AP
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Area 1
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OWNER Win's Benston
COUNTY ::"cue
MAPPING METHOD DRAWN BY -LIL Vi-nc(Lt
DATE -20-•92
REDDI-MAPPER ? COMPASS AND CHAIN[] AERIAL PHOTO NO.
AERIAL PHOTO? FREEHA ND SKETCH (@ SCALE I -• 2' 5:i -
ACREA6E DATA AND BOUNDARIES ARE APPROXIMATE. GRID COORD. 0 " 32 P

N.C. DIVISION OF FOREST RESOURCES
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MAPPING METHOD
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AERIAL PHOTO? FREEHAND SKETCH
ACREAGE DATA AND 90UNDARICS ARE APPROXIMATE.
OWNER -Dennis Benston
COUNTY Fi"de
DRAWN BY i•=?• vinc:c; t
DAT E 3-2u"92
AERIAL PHOTO NO. 1C; L-6
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OWNER Dennis Bens toil
COUNTY !!"de
MAPPING METHOD DRAWN BY =l V: "c"t
DATE -20--9z
REDDI-MAPPER ? COMPASS AND CHAIN[]
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AERIAL PHOTO NO.
AERIAL PHOTO? FREEHAND SKETCH O - SCALE 1" 392'
ACREAGE DATA AND BOUNDARIES ARE APPROXIMATE. GRID COORD, 6 " 31-P
N.C. DIVISION OF FOREST RESOURCES
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Foxest
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Area
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Boundary
MAPPING METHOD
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AERIAL PHOTO? FREEHAND SKETCH (@
ACREAGE DATA AND BOUNDARIES ARE APPROXIMATE.
OWNER Dennis Bens-
,.on--COUNTY F."de
DRAWN BY -L- Vill(:(Lt
DATE 3-20--92
AERIAL PHOTO NO.
SCALE 13923.„
GRID COORD. 6 " S ` P
N.C. DIVISION OF FOREST RESOURCES
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Area 1
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ACREAGE DATA AND BOUNDARIES ARE APPROXIMATE.
OWNER -Dennis Benston
COUNTY :i"Ue
DRAWN BY -1--). villcLtt
DATE-2" 92
AERIAL PHOTO NO.
SCALE 1 ° , 923 •"
GRID COORD. 0 " 32 P
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Area 1
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Area 3
\ Area 4
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C) Pond
Boundary
MAPPING METHOD
REDDI-MAPPER ? COMPASS AND CHAIN[]
AERIAL PHOTO? FREEHAND SKETCH
ACREAGE DATA AND BOUNDARIES ARE APPROXIMATE.
OWNER Bennis Benston
COUNTY Ii"de
DRAWN BY i.i vinCuLt
DATE 3-20"'92
AERIAL PHOTO NO.
SCALE ' ., 3923.5:i
GRID COORD, 6 84 32 P
N.C. DIVISION OF FOREST RESOURCES
TRACT I1AP
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DATE i-•20-•92
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AERIAL PHOTO NO. AERIAL PHOTO? FREEHAND SKETCH (@ SCALE 1 ° 392 • 5`i
ACREAGE DATA AND BOUNDARIES ARE APPROXIMATE. GRID COORD, 0 " 32 P
N.C. DIVISION OF FOREST RESOURCES
Tract Location Map

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Tract Location Map

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Tract Location Map

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Tract Location Plop
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A-3
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
July 14, 1993
Mr. Dennis Benston
Rt. 1, Box 68
Englehard, N.C. 27824
Dear Mr. Benston:
ID F= F1
Re:' Application for 401 Certification, NW 18
Spoil disposal for pond dredging
Hyde County
On 2 July 1993, DEM received an application for
certification for disposal of spoil from dredging a pond.
We are unable to locate your property and project site since
the application was not accompanied by an appropriate map.
Please send seven copies of a map which shows the general
location of the project as well as specific location of the
project. Until we receive this information, I will place this
project on hold.
I can be reached at 919-733-1786 if you have any questions.
Since relx, ,
/__Iohn R.Dorney,
Benston.ltr
Attachment
cc: Wilmington District Corps of Engineers
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
4 x,
DEM ID: 9 3 6 ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): 146
JOINT FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFfCATION 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
ATTNt CESAW-CO-E
Telephone [phone]
4
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESO
P.O. BOX 29535 n
RALEIGH, NC 27626-0 8
',''a
ATTN: MR. JOHN DORN
Telephone (919) 733-
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT T
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIV LS
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME : (/ L /y/I4L S ,V. ,d"5 / aN
2. OWNERS ADDRESS:
3. OWNERS PHONE NUMBER (HOME).- 9r9 g9-!r-90U (WORK): p19 Za 6 -l d fl
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: i1I?A
5. LOCATION OF WORK (MUST ATTACH MAP). COUNTY: /y4 ?B
NEAREST TOWN OR CITY: i Ake .L AA0, A19
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
wesf of ofn,,4X
6. NAME OF CLOSEST STREAM/RIVER: Z erc //lctf?Qlyl?lS?'G?7/?IQp7/GO Sow d
7. RIVER BASIN: ! ,dm keo Sown a/
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES [ ] NO bQ
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ ) NO [4
IF YES, EXPLAIN.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING
WETLANDS, LOCATED ON PROJECT SITE: ,f? f?GreS
1/14/93

-2-
11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY
THE PROPOSED PROJECT:
FILLED: ?oZ,J© Ss.T7?• ??Oi4CrG?
DRAINED:
FLOODED:
EXCAVATED:
TOTAL IMPACTED : V
12. DD/?ESCRIPTION OF PROPOSED WORK (ATTACH PLANS-8 1/2" X 11" DRAWINGS ONLY):
?wr'/sJss
13. PURPOSE OF PROPOSED WORK: 0j '7 &tea / are° fem./,%/zle raa ?F'er
•S?GitJQt?S?; d Dry , i.1 ....?. ,. ..._ . ? -
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS.aifsoor/'na _sa,.'/ x., --

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 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 k) 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. A/ JrK N dG y?
B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PROJECT. 4107[ /eh'41114610
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. Cpl
D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH
COPY. '4//
.4
E. WHAT IS LAND USE OF SURROUNDING PROPERTY? u100W14/JW'i
rr9riCa/?`urG
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
11
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