19930566 Ver 1_COMPLETE FILE_19930707

- A1,
A? DEPARTMENT OF THE ARMY
?v 7LMINGTON DISTRICT, CORPS OF ENGINEERS
> P.O. BOX 1890
V WILMINGTON, NORTH CAROLINA 28402-1890
September 30, 1993
F60ER TO
Regulat nch
Dear Mr. Kato:
Action ID. 30 44? and Nationwide Permit No. ?,.(cHeadwaters and Isolated
Waters)
Mr. Mack Kato
1619 York Street
New Bern, North Carolina 28562
Reference your application of June 28, 1993, for Department of the Army
authorization to excavate a 40-foot-wide by 100-foot-long pond, sidecasting
the excavated material into adjacent wetlands. The proposed project will
impact approximately 00W3116-" bf wetlands located above the headwaters of
Mill Creek, off US 17, approximately 3 miles north of Maysville,
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 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 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 NWP authorization is reissued without modification
-2-
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 twelve 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, you should contact the following State agency to obtain
the required State authorizations prior to starting work: Mr. John Dorney,
North Carolina Division of Environmental Management, telephone (919)
733-1786.
Thank you for your time and cooperation. Questions or comments may be
addressed to Mr. Norm Sanders of our Washington Regulatory Field Office,,
telephone [phone].
Sincerely,
Enclosure
Copies Furnished (without enclosure):
dlr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Mr. John Parker
Division of Coastal 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
Mrs. Deborah Sawyer
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
1424 Carolina Avenue
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
Mack Kato .
1619 York Street
New Bern, N.C. 28562
Dear Mr. Kato:
Subject: Proposed fill
Pond creation
Jones County
DEM Project #
July 8, 1993
r. ?
DEHNR
in Wetlands or Waters
93566
Upon review of your request for 401 Water Quality
Certification to place fill material in 0.9 acres of wetlands or
waters which are tributary to Mill Creek for pond creation
located at US 17 South in Jones County as described in your
submittal dated 7 July 1993, 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 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,
(reston`Howarc Jr. P.E.
93577.1tr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington 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/ 10% post-consumer paper
DEM ID: ACTION ID: gou
` J L
Nationwide Permit Requested (Provide Nationwide Permit #):
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 MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. Box 29535
Raleigh, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone]
'J?T
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:
2. Owners Addres
3. Uwners Yhone Number (11ome): `7 i 7 co va - %-/u i u (womy
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
5. Location of work (MUST ATTACH MAP)., Couipty: D ?n 'e'
Nearest Town or City:
Specific Locati (Include road numbers, landmarks, i
6. Name of Closest /Stream/River: 1-4 0 1 ?
7. River Basin: J ? eu 5 e, it)
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS H? YES [ ] NO [I,Y
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: S
6 &'A -) I R 'P K-Q
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: Z e S S 0 9 a C'-,
Drained:
Flooded:
Excavate
Total Imr
12. Description of proposed work (Attach)?LANS-8 1/2" X 11" drawings only): ev
13. Purpoke of proposed work:
State reasons why the applicant
n to minimize wetland impacts.
outin wetlw4s. Also, note measures
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 [ ] 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. xlp Gk V a-,
B. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a ons ltant, include all to sheets relevant to the placement of the
delineation line. Pt ,h 9 p- ?D Ic
D. If a stormwater management plan is required for this pro ect, attach c y.
E. What is land use of surrounding property? 0 2 1,9 0 '- q
F. If applicable, what is proposed method of sewage disposal?
_,? ,Ik?- d- 9 9-1- 9-3
Owner's Signature Date
V 4
june 10, 1993
To Whom it May Concern„
1 would like to construct _t 40-••-t'oot. wi:a:i'.' ib'•,% 100-foot long pond an fly
property, located can U. Highway 17, south o Poliocks ille, in :aonF=,_
County, North. Carol na. The material excavated from the oCJnd would be
spread - ' t'l-ie immediate :!.i:•rat on ;. ,. .i.i.;7F:' Total J
out out .i .wfl property. area impacted by
excavation and filling will be limited to one acre.
Sincerely,
Mac Kato
161t" York Street
New Bern. N.C. 28562
--I

00
CD

v-?
v

i 1