19930994 Ver 1_COMPLETE FILE_19931112

D -i--d c
DEPARTMENT OF THE ARMY -
r
WILMINGTON DISTRICT, CORPS OF ENGINEERS NOV 2 2 19
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
November 9, 1993
_„_DS CROUP .
IN Ht!'LY Htl-tH I V
Regulatory Branch
Action ID No. 199303313, Jurisdictional Determination and Nationwide Permit
No. 7-12 (Utility Line Backfill and Bedding)
Mr. John R. Aman
Hillington Estates, Section III
Post Office Box 26477
Raleigh, North Carolina 27611-6477
Dear Mr. Aman:
Reference is made to the survey plat titled "Wetlands Survey for John R.
Aman" for your property (35 acres of a 485-acre tract) located west of S.R.
1525, off Redpath Drive and McColl Drive, adjacent and above the headwaters of
several unnamed tributaries to Bushy Branch, southwest of Clayton, in Johnston
and Wake Counties, North Carolina. The survey plat accurately reflects the
limits of wetlands on the property. Unless there is a change in the law or
our published regulations, this determination of the limits of wetlands may be
relied upon.for a period not to exceed October 28, 1996. Enclosed are two
copies of wetland determination forms submitted by your agent, Mr. Dan
Blighly, supporting the delineation of wetlands on your property.
Reference is also made to your application of September 27, 1993, for
Department of the Army (DA) authorization to discharge fill material into 0.1
acre of wetlands associated with the construction of water and electric lines
in Section III of Hillington Estates Subdivision.
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, pursuant to Section 404 of the Clean Water Act, was provided
for the discharge of material for backfill or bedding for utility lines,
including outfall and intake structures, provided there is no change in
pre-construction contours.
Your proposed installation of water and electric lines 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 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.
If you have questions, please contact Mrs. Jean Manuele, Raleigh Field
office, telephone [phone], Extension 24.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosures
Copies Furnished (without enclosure)
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
Copy Furnished (with wetland data forms):
Mr. Thomas Welborn, Chief
U.S. Environmental Protection
Agency - Region IV
Wetlands Section
Water Quality Branch
345 Courtland Street
Atlanta, Georgia 30365
Mr. Jeff Coutu
Planning Director
Johnston County Planning &
Inspections Department
Post Office Box 1052
Smithfield, North Carolina 27577-4194
State of North Carolina
Department of Environment, "'A
Health and Natural Resources 4Y •
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary E:) E H N 11
A. Preston Howard, Jr., P.E., Director
November 24, 1993
John Aman
P.O. Box 26477
Raleigh, N.C. 27611
Dear Mr. Aman:
Subject: Proposed fill in Wetlands or Waters
Utility lines, Hillington Estates
Wake County
DEM Project # 93994, COE #199303313
Upon review of your request for 401 Water Quality Certification
to place fill material in 0.10 acres of wetlands or waters which are
tributary to Bushy Branch for utility lines located at Hillington
Estates in Wake County as described in your submittal dated 22
November 1993, we have determined that the proposed fill can be
covered by General Water Quality Certification No. 2664. A copy of
the General Certification is attached. This Certification may be used
in qualifying for coverage under Corps of Engineers' Nationwide Permit
No. 12.
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,
esto Howard, Jr. P . E .
93994.1tr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh 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

- - 4th.
DEM ID: ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): \ t
JOINT FORM FOR
Nationwide permits that require notification to the Corps of eers
Nationwide permits that require application for Section 401 c cgon2 21993
WILN[INGTON DISTRICT ENGINEER WATER QUALITY PLANNING `
CORPS
?ns?'
OF ENGINEERS DIVISION OF ENVIRONMENTAL MAN T?At
IiFLIT1' ?,?Cs ::.
DEPARTMENT OF THE ARMY
TER
NC DEPARTMENT OF ENVIRONMENT,
P.O. Box 1890 AND NATURAL RESOURCES
Wilmington, NC 28402-1890 P.O. Bor. 29535
ATTN: CESAW-CO-E - Raleigh, NC 27626-0535
Telephone [phone] ATTN: MR. JOHN DORNEY
Telephone [phone]
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.
r,/
?? A)
1. Owners Name: ?
2. Owners Address: f O 1?'0 .-A 2 6 ?
/- -- Aver , --Z- '7 G /
3. Owners Phone Number (Home): /s- (Work): ?-e-
4. If Applicable: Agent's name or responsible corporate official, address, phone number.
5. Location of work (MUST ATTACH MAP). County: 1A1,4 k Z --J-b k w S4,0 tj ?? / 7a o / - Z
Nearest Town or City: P 4e to Z-? t-u ?-' SG V, ?S+ o tJ
Specific Location (Include road be
nurn lank ks, etc.):?A??? ' ?) '? t4 0?S-
CJoI21Jyv Hlr ?- i S (? _ ?,C i_ NI % o N S u l? D vi s i o tit
67AI
6. Name of Closest Stre'a/m/River h y ?3? fv C
7. River Basin: K
L/ !'U N 0 u-)
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS H? YES [ ] NO [dq
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO [s]
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: [ ` 01
11. Number of acres of waters of the-U.S., including-we--lands, impacted by the proposed project.
Filled: + n
Drained:
Flooded:
Excavated:
Total Impacted:_ , ho

12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): AIIA-
13. Purpose of proposed work: -TI-N S 1,6 L L 111-1-j ` j ./- j ,F f
'4 NI 'L7L r-: C- -kiC Li td 25-:5
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) 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 histoni
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? ?9/2 1 G L T L/
F. If applicable, what is proposed method of sewage disposal?

.4

\ i
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
November 9, 1993
W REPLY REFER TO
Regulatory Branch
Action ID No. 199303313, Jurisdictional Determination and Nationwide Permit
No. 7-12 (Utility Line Backfill and Bedding)
Mr. John R. Aman
Hillington Estates, Section III
Post Office Box 26477
Raleigh, North Carolina 27611-6477
Dear Mr. Aman:
Reference is made to the survey plat titled "Wetlands Survey for John R.
Aman" for your property (35 acres of a 485-acre tract) located west of S.R.
1525, off Redpath Drive and McColl Drive, adjacent and above the headwaters of
several unnamed tributaries to Bushy Branch, southwest of Clayton, in Johnston
and Wake Counties, North Carolina. The survey plat accurately reflects the
limits of wetlands on the property. Unless there is a change in the law or
our published regulations, this determination of the limits of wetlands may be
relied upon for a period not to exceed October 28, 1996. Enclosed are two
copies of wetland determination forms submitted by your agent, Mr. Dan
Blighly, supporting the delineation of wetlands on your property.
Reference is also made to your application of September 27, 1993, for
Department of the Army (DA) authorization to discharge fill material into 0.1
acre of wetlands associated with the construction of water and electric lines
in Section III of Hillington Estates Subdivision.
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, pursuant to Section 404 of the C1ean.Water Act, was provided
for the discharge of material for backfill or bedding for utility lines,
including outfall and intake structures, provided there is no change in
pre-construction contours.
. Your proposed installation of water and electric lines 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 water _
quality certification. This NWP does not relieve you of the-responsibility to
obtain other 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 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.
If you have questions,, please contact Mrs. Jean Manuele, Raleigh Field
office, telephone [phone], Extension 24.
Sincerely,
e writ
Chie , Regulatory Branch
Enclosures
Copies Furnished (without enclosure): Copy Furnished (with wetland data forms):
Mr. 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. Thomas Welborn, Chief
U.S. Environmental Protection
Agency - Region IV
Wetlands Section
Water Quality Branch
345 Courtland Street
Atlanta, Georgia 30365
Mr. Jeff Coutu
Planning Director
Johnston County-Planning & - -_-
Inspections-Department-
Post Office Box 1052
Smithfield, North Carolina 27577-4194
?j