19930795 Ver 1_COMPLETE FILE_19930917

State of North Carolina
Department of Environment,
Health and Natural Resources AT*JA
Division of Environmental Management James B. Hunt, Jr„ Governor
Joncifhan B. Howes, Secretary E
A, Preston Howard, Jr., P.E., Director
September 22, 1993
Roger L. Davis
P.O. Box 1209
Carthage, N.C. 28327
Dear Mr. Davis:
Subject: Proposed fill in Wetlands or Waters
Pond construction
Moore County
DEM Project # 93795
Upon review of your request for 401 Water Quality Certification
to place fill material in 0.25 acres of wetlands or waters which are
tributary to Killets Creek for pond construction located at 938 Dowd
Road in Moore County as described in your submittal dated 17 September
1993, we have determined that the proposed fill can be covered by
General Water Quality Certification No. 2671. 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.
1786.
If you have any questions, please contact John Dorney at 919-733-
Sincerely,
,,,_A. Preston Howard, Jr. P.E.
93795.1tr t"
Attachment `
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Fayetteville DEM Regional Office
Mr. John Dorney
Central Files
P.O, Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
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401 ISSUED
Mr. Roger Davis
P.O. Box 1209
Carthage, NC 28327
[phone]
September 9, 1993
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF ARMY
P.O. BOX 1890
WILMINGTON, NC 28402-1890
[phone]
DISTRICT ENGINEER,
1 31993
I/we would like to request of the Department of the
Army a Nationwide 26 Permit to construct a pond on a
tributary of Killets Creek in Moore County. All vegetation
has been cut off the propse site. The pond size would be
approximately 4 acres. We have been in contact with the
USDA Soil Conservation Service and the Moore Soil and Water
Conservation District and they have provided me/us with
information concerning my/our specific site. The
information is as follows:
1) TOPOGRAPHIC MAPS of the area: (see attached)
2) COUNTY ROAD MAP for location: (see attached)
3) SOILS MAP: (see attached)
4) WETLANDS IMPACTED by this project: Confined to run
of channel, approx. 1/4 to 1/2 ac.
5) SOIL TYPE(s): (43) Chewaka
6) INTENDED USE: pond
7) WATERSHED AREA: Approximately 1400 acres
I/we understand that a Nationwide Permit, if granted,
will be invalid if impacts to any Federally threatened or
endangered species will occur as a result of this work. I
understand that species of this nature have been identified
in Moore County.
By copy of this letter I am also notifying the NORTH
CAROLINA DEPARTMENT OF'ENVIRONMENT, HEALTH AND NATURAL
RESOURCES and the U.S. FISH AND WILDLIFE SERVICE of my
intentions. If additional data is needed or you desire a
site visit, please let me know.
I would like to request that a copy of your response to
me/us be provided to:
Ruth E. Kirby
Soil Conservation Service, USDA
P.O. Box 908
Carthage, NC 28327
Thank you for your consideration of this request, and I
look forward to hearing from you in the near future.
Sincerely,
Rogef- Davis
Enclosures
c: Ruth E. Kirby, SCS, w/attachments
VOCDEHNR, w/attachments
U.S. FISH AND WILDLIFE SERVICE, w/o attachments

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NOTIFICATION FORM 401 JUA
INFORMATION SHEET
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
A. NOTIFICATION TO THE CORPS OF ENGINEERS DISTRICT ENGINEER. (REFER TO
ITEM B. BELOW FOR DIVISION OF ENVIRONMENTAL MANAGEMENT APPLICATION RE-
QUIREMENTS 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.
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. APPLICATION TO DEM FOR NATIONWIDE PERMIT SECTION 401 CERTIFICATION.
Certain nationwide permits require an application to DEM in order to obtain Section 401 water quality certification..
They are NWP 6, NWP 12, NWP 15, NWP 16, NWP 17, NWP 21, NWP 33, NWP 34, NWP 38, and NWP 40.
Certain nationwide permits were issued general certifications and require no application. They are NWP 3, NWP 4,
NWP 5, NWP 7, NWP 20, NWP 22, NWP 23 (requires notification to DEM), NWP 25, NWP 27, NWP 32, NWP 36,
and NWP 37.
The following nationwide permits were issued general certifications for only limited activities: NWP 13 (for projects
less than 500 feet in length), NWP 14 (for projects that impact waters only), NWP 18 (for projects with less than 10
cubic yards of fill in waters only), and NWP 26 (for projects with less than or equal to one-thud acre fill of waters or
wetlands). Projects that do not meet these criteria require application for Section 401 water quality certifications.
C. NOTIRCATION/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 permittee should make sure that all necessary information is
provided in order to avoid delays. One copy of the completed form is required by the Corps of Engineers and seven
copies are required by DEM. Plans and maps 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
Telephone [phone]
Information obtained from these agencies should be forwarded to the Corps.
DEM ID: ACTION ID:
w . 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
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRO tin
AND NATURAL RESOURCES
P.O. Box 29535
Raleigh, NC 27626-0535 1993
ATTN: MR..,OHN DORNEY F%Pi 7 Telephone [phone] ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO:? RS.
SEVEN (7) COIKES SHOULD BE SENT TO THE N.C. DMSION OF ENVIR
PLEASE PRINT.
1. Owners Name: R )C r
2. Owners Address: t"1 'k
3. Owners Phone Number (Home):(Work):
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
5. Location of work (MUST ATTACH MAP). County: I 1 In-e.2
Nearest Town or City:
Specific Location (Include road numbers, landmarks, etc.):

6. Name of Closest Stream/River:
\?(e
7. River Basin:
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO [v]im
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO [.K
If yes, explain. _
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: ? L 1=
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled:
Drained:
Flooded:
Excavated:
Total Impacted:
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): 17??VCkk fDoY-\cQ
13. Purpose of proposed work: 0,J C r ` C «\ V1 0
14. State reasons why the applicant believes that this activity must be carved out in wetlands. Also, note
taken to minimize wetland impacts. C'V\? -??Ie. ?? ?'fv i we ?- -l IS t
15. You are required to coritEt?the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service
(NMFS) regarding th4?r sen4e r any Federally listed or proposed for listing endangered or threatened species or critical
]
habitat in the penrt]t al?Gtha't be affected by the proposed project. Have you done so? YES [,4- NO[
RESPONSES FROM T SFN*S AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
pontact the State Historic Preservation Officer (SHPO) regarding the presence f historic
16. You are required to,
properties in the permit area which may be affected by the proposed project? Have you done so? YE6 [ ty NO [ ]
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS 6am-l?lnQ Wurd 0.{
(ql`l? t33-y1? 3 ah d sPol? her ??
17. Additional information required by DEM: -.Q +rt ke?l?o,tie Q- i5 No /k110 Iq
A. Wetland delineation map showing all wetlands, streams, and lakes on the property. ?Q,3 kg_e o
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? V004©8 W k-i ot_S
F. If applicable, what is proposed method of sewage disposal? `mot I i c -fu '\ V
9-i c
wn is Sign a Date
I
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C'..
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DEM ID:
ACTION ID: 401 ISSUE?
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
ATTN: CESAW-CO-E
Telephone [phone]
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL M)
NC DEPARTMENT OF ENVIRO
AND NATURAL RESOURCES
P.O. Boy 29535
Raleigh, NC 27626-0535 n
ATTN: MR. JOHN DORNEY f
SEP I Z ?
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO CYO??t'
SEVENI(7) EQ1?EMHOUII±i"1 BE SENT TO-THE N.C. DIVISION OF ENVIRO
PLEASE PRINT. -DR%S
1. Owners Name: t'?IJCL'^
2. Owners Address: 20. 2?0,( 1aC)q
3. Owners Phone Number (Home): (Work):
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
5. Location of work (MUST ATTACH MAP). County: Cfimre
Nearest Town or City:
Specific Location (Include road numbers, landmarks, etc.):
-e_
6. Name of Closest Stream/Riven
7. River Basin: -2-e-(:) ?'we.r
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES
I NO [0"'
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO [vK
If yes, explain. _
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: e, 11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:

Filled:
Drained:
Flooded:
Excavated:
Total Impacted:
??C.
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): V-,csVak Qo,nJ
13. Purpose of proposed work: I ?C Ce u4-)o
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. 2y\ ?J - o ? nrO fjt A„ U .1C C'-PP I t a.6Le _
A,C) C'-Ows++ -J C+ 0,
Pow. o? .
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 [?r 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 f historic
properties in the permit area which may be affected by the proposed project? Have you done so? Ya [ tT NO [ ]
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS Q"&Qt & 6aAA4n0, Word a?
(MR) Z 33-4 74 3 kv-d sPol4 i-o het o ?
17. Additional information required by DEM: -kA te??PHo,?? , q. ?- n!o hctwn
A. Wetland delineation map showing all wetlands, streams, and lakes on the property. ?Q`' `R.CD
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? iOC c8 W n ak S
F. If applicable, what is proposed method of sewage disposal? C -+a v'? V
wn is SignYure Date
??'?.ate
is.
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SP 1 31993
AFL
WATER QUALITY SECTION
Mr. Roger Davis
P.O. Box 1209
Carthage, NC 28327
[phone] .
September 9, 1993
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF ARMY
P.O. BOX 1890
WILMINGTON, NC 28402-1890
[phone]
DISTRICT ENGINEER,
I/we would like to request of the Department of the
Army a Nationwide 26 Permit to construct a pond on a
tributary of Killets Creek in Moore County. All vegetation
has been cut off the propse site. The pond size would be
approximately 4 acres. We have been in contact with the
USDA Soil Conservation Service and the Moore Soil and Water
Conservation District and they have provided me/us with
information concerning my/our specific site. The
information is as follows:
1) TOPOGRAPHIC MAPS of the area: (see attached)
2) COUNTY ROAD MAP for location: (see attached)
3) SOILS MAP: (see attached)
4) WETLANDS IMPACTED by this project: Confined to run
of channel, approx. 1/4 to 1/2 ac.
5) SOIL TYPE(s): (43) Chewaka
6) INTENDED USE: pond
7) WATERSHED AREA: Approximately 1400 acres
I/we understand that a Nationwide Permit, if granted,
will be invalid if impacts to any Federally threatened or
endangered species will occur as a result of this work. I
understand that species of this nature have been identified
in Moore County.
By copy of this letter I am also notifying the NORTH
CAROLINA DEPARTMENT OF-ENVIRONMENT, HEALTH AND NATURAL
RESOURCES and the U.S. FISH AND WILDLIFE SERVICE of my
intentions. If additional data is needed or you desire a
site visit, please let me know.
I would like to request that a copy of your response`to
me/us be provided to:
Ruth E. Kirby
soil conservation Service, USDA
P.O. Box 908
Carthage, NC . 2 8 3 2 7
Thank you for your consideration of this request, and.1",
look forward to hearing from you in the near future.
Sincerely,
Ro9 Dave
Enclosures
c: Ruth E. Kirby, SCS, w/attachments
6ACDEHNR, w/attachments
U.S. FISH AND WILDLIFE SERVICE, w/o attachments
1. 13

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