19930773 Ver 1_COMPLETE FILE_19930913

State of North Carolina
Department of Environment,
Health and Natural Resources
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Steven J. Levitas, Deputy Secretary
1099NA
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.A6j 0
L7EHNR
Division of Environmental Management
Environmental Sciences Branch
4401 Reedy Creek Road
Raleigh, N.C. 27607
FAX[phone]
FROM:John Dorney, Ecological Assessment Group
PHONE: [phone]
NO. OF PAGES INCLUDING THIS SHEET:

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
September 20, 1993
Floyd Hardee
Route 2 Box 604
Ayden, N.C. 28513
Dear Mr. Hardee:
AT." F
NOW
C) F1
Subject: Proposed fill in Wetlands or Waters
Residential lot fill, old borrow pit
Pitt County
DEM Project # 93773
Upon review of your request for 401 Water Quality Certification
to place fill material in 7.0 acres of wetlands or waters which are
tributary to Eagle Swamp for residential fill located at NC 102 in
Pitt County as described in your submittal dated 10 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. This
authorization replaces one which had expired for this property.
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 .
93773ltr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional Office
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 5096 recycled/ 10% post-consumer paper
(3EENEKAL V ulf, -e-KW ECTS ELIGibLE
FOR CORPS OF ENGINEERS NATIONWIDE ''PERMIT ?NUMBER 26 (HEADWATERS
AND 'ISOLATED WETLANDS) -
This C ener l Certification _ is --issued i h con ormity wit' the
-
requirements or Section Q01, -Public :Laws 92-500 and 95-217 -oz the
United , States and subject: to the North Carolina Division.. of Envi-
ronmental_Management . Regulations in 15A.hCAC 2H, Section 0500
and 15A NCAC 2B .0109 and :0201 for the discharge- of ill mate-
rial -to navigable waters and adjacent wetland areas, whrc2 .are
above the headwaters or •to wetland areas that 'are not a part o
the surface' iribu?ary system to interstate .waters or navigable
waters of the United States (i.e. isolated wetlands) as
described in 33` CFR 330 Appendix A (B) (26) O -E the Corps of Engi-
neers • regulat i ons (i.e., Nationwide Permit No. 26). The category
of activities shall i_nclude'.any till _acti v i ty 'in these headwaters
and isolated wetland and water areas where the.activ?ty results
in the _loss of subs tantia.l modification ol: not more than 10 acres
of . waters of the United States; includinG wetlands. This
CerC _L cati on replaces Water ,Quality Certi icaL_ on. Nurer 2176
issued on-November 5, 1987 `,.
The Slate oz North Caroli na• certi fi es that the specified
category of activity will no-.L- violate Sections 301, 3021 3031 306
and 307, of the Public Laws 92-500 and 95-2-17 i f conducted in
accordance w i t_z the conditions hereinafter set f or-h.
Conditions of Certification:.Proposed .fill or substantial .nod; fi cation of greater than

one-ih i rd of an acre of such waters, i ncludi r_g wetlands
requires ' a v,ri tten concurrence f rc the Division of Envi -
ronn, e- dal Man a g e m e nt . '
2 . Proposed f i 11 or substantial modification o= equal to or
less t:?an one-third of an acre o such waters, including
wetl a__ds, does not recrui re written concurrence from the
Division of Environmental Management.
3- ProposLa ill of greater than one acre in S"-,-., trout

' ,
rQW, C?jl, WS- T and SE'S-IT watershees -requires -pahlic
notice and an individual 401 Certification from the Divi -
sion c_ Environmental Management;
A That established i h _ed sediment and er _os_on
__ control practices
are utilized to prevent violations o the appropriate
turbicity water quality standard. 50 NT-Us in • streams and
rivers not designated as trout waters by DEM; 25 NTUs in
all sai.twater classes, and all la'•:es and rese_-voirs;- 10
N T Us in trout wa t e r s
5 . That additional site-specific conditions may be added to
projects with greater than one-third of an acre impact
which are proposed-under this Certification in order to
ensure compliance with all applicable water quality. and
_ efflLC nt standards;
6. Measures sliall be taken to prevent live or fresh
concrete from coming into contact with i-raters of the
state until the concrete has ha-cenee.
7. Concurrence Trom DEM this Certi _= _J ca - on. anpl i es to an

of : the cover -.letter :,trom vki;M ..
Non=compliance. with or =yio ation of the conditions herein.. set
forth by- a..s ?ecii:ic. f?11'=project shall result in revocatio o
1 r^ project.
his ; Ce?.ti cation . for the The DirectG•r of the. ?`Iorth Carolina Division of Environment-a1.
Management may._ require submission of a formal ;application , for
individual certifi cation for any project in=-.phis category o
activity i f it is determined that. the 'pro 'ect is' 1_kely to have.
a signi f canes ads%erse effect, upon k?ater, qu<i'-? ty or degrade the
way es ''so that existing uses of `the `wetland or' : downstream waters
are precluded.
Public hearings may be meld` for specific applications or
croup of a??lica' ions prior: ?o a Certification deci si on ? deemed
?_n irhe ibubli cI s ,'b- Est i__nterESt by the ' D? sect o_ of the -Norte Caro-
l i n a D i vis ion o= Envi ron;t?ental ` Man zger_Zent .
This is the 21st day o_f januaxy', 1592
DT S! ON E NVIRONME-IN AL MANAGEMENT
_ B
Y
George T. Cverett, Director
gencert.26
jrd/g C
WQC; 2671

DEM ID: ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit ft 02'- &
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 ENVIRr"n
AND NATURAL RESOURCES D
P.O. Box 29535
Raleigh, NC 27626-0535
ATTN: MR. JOHN DORNEY
SEP 1 01993
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF EN
PLEASE PRINT.
1. Owners Name:
2. Owners Address:
3. Owners Phone Number (Home): / =?' ! LTb_- A 1 0 t (Work): e d
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
5. Location of work (MUST ATTACH MAP). County: t_ 7- T"
Nearest Town or City: NJ Q(
Specific Location (Include roa numbers, landmarks, etc.): 7 ?! 1 e ?S F 7-6. Name of Closest Stream/River: a:m r S
7. River Basin: A-
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 [1?]? NO [ ]
If yes, explain. A(IAI_p A-611,,Ar .Z l7 19 9 o b I17: -, F#/ It Al o, 5 RA A6--U-
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
C r e S
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 7 14 G h ?° ?S
Drained: N
Flooded: /\f
Excavated: AZ
Total Impacted: ')' A C r e s
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): Ef i 1 d /a
8arrau T.
13. Purpose of proposed work: F IT.T D /Cl o y c d i T'
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts.
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine.Fisheries Service
(NMFS)'regaiding the presence or any Federally listed orproposed-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 [ice'
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS. W A-
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 ['V
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS. rv A-
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. N 49
D. If a stormwater management plan is required for this project, attach copy. /J
E. What is land use of surrounding property? E-A r^ l ] G
F. If applicable, what is proposed method of sewage disposal? . a
Owner's Signature Date
9 -7-
Y %
? ??? /lC Do i .gyp
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): Ej LL D c?
D h n y 1jL f
a
t'
13. Purpose of proposed work: o r r e fl)
14. State reasons why the applicant believes fat this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. _ JU_A
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine. Fisheries Service
(NMFS)'egarding 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 (t
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS. rV A-
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. IV R'
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. K 719
D. If a stormwater management plan is required for this project, attach copy. /J
E. What is land use of surrounding property? E/a r /Yl i Aj!?
F. If applicable, what is proposed method of sewage disposal? A-
-. / 7 V-.7
Owner's Sfignature' Date
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