19930573 Ver 1_Complete File_19930313

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
August 1, 1993
Mr. Bill Ellis
3007 Downing Street
Wilson, N.C. 27893
Dear Mr. Ellis:
XTI.WA?EHNFZ
Subject: Proposed fill in Wetlands or Waters
Residential lot fill
Wilson County
DEM Project # 93573
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 Contentnea Creek for residential
lot fill located at Lot 2, Birchwood Place in Wilson 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 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. 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 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.
. P es on Howard, r
93573.1tr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DEM Regional Office
Mr. John Dorney
Central Files
P. E.
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
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
July 23, 1993
IN ht:t-LY MtFth I.U
Regulatory Branch
?j
wETLdi??s Gt; lp_.
Action ID. 199302457 and Nationwide Permit No. 18 (Minor Discharges)
Mr. Bill Ellis
3007 Downing Street
Wilson, North Carolina 27893
Dear Mr. Ellis:
Reference your application of July 2, 1993, for Department of the Army
authorization to discharge fill material into 0.1 acre of wetlands on your
property located west"of Forest Hills Drive, approximately 1/4 mile north of
Downing Street Extension, west of Lowes, adjacent and below the headwaters of
Contentnea Creek, in' Wilson, Wilson County, North Carolina. The purpose of
this project is to place fill material into a small pocket of wetlands on
Lot No. 2 of the tract.
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 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 proposed filling of 0.1 acre of wetlands 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. You should contact contact Mr. John Dorney,
telephone [phone], regarding water quality certification.
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 nationwide permit
authorization. If during the 2 years, the nationwide permit 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 nationwide permit,
activities which have commenced (i.e., are under construction) or are under
contract to commence in reliance upon the nationwide permit will remain
authorized provided the activity is completed within 12 months of the date of
the nationwide permit's expiration, modification or revocation, unless-
discretionary authority has been exercised on a case-by-case basis to modify,
suspend, or revoke the authorization.
Questions or comments may be addressed to Ms. Jean Benton, Raleigh Field
Office, Regulatory Branch, telephone [phone], Extension 24.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
Mr. John Parker
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mf./John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Richard R. Herring
R.R. Herring & Associates, Inc.
2406 West Nash Street
Wilson, North Carolina 27896
r ,
MEM0Ir_`<NDC1VI PRINT NAMES
_
Reviewer: _K . 1
TO : - John. Dorn.ey WO Supv..-
Planning Branch DATE:_ __.2/ 3
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
'K**EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE)
PERMIT YR:
APPLICANT NAME :
PROJECT TYPE:
COE #:
RCD_FROM_C"DA :
REG_OFFICE:
a3 PERMIT NO
BILL ELLI J
RESIDENTIAL LAND
APP
RRO
STREAM CLASS:
WL_IMPACT? : C119N
WL_REQUESJTED: .10
WL_.SCORE (#) : /S
HYDRO_CNECT? : Q/ICI
MITIGATION-TYPE: AJR
0000573 COUNTY: WILSON
PERM I T _mYPE : NW18
DOT #:
DATE_FRM__CDA : 07/021/93
RIVER AND SUB BASIN #:
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STRINDEX 1,40:
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WL_TYPE _D13 RB?D?GU+=
WL_ACR_EST?:ON
WATER IMPACTED BY FILL?: Yo
MITIGATION?: Y,dD
MITIGATION SIZE: N14-
IS WETLAND RATING SHEET ATTACHED?:lJY,N
RECOMMENDATION (Circle One) : SSITE) ISSUE/CON-' Dr,711Y
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cc: Regional Office,
Central. Files
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WETLKNLS . ?wf

.
.
0
.
? Hydrologically isolated

Wetland type (select one) ? Other
? Swamp forest ..I Shoreline •
? Bottomland hardwood forest U Stream channel o
Carolina bay ? Salt marsh
? Pocosin ? Brackish marsh •
? Pine savannah I Freshwater marsh
Wet flat :1 Bog/Fen •
? Perched ? Vernal pool

• p m u a e b • • e • • r • s e • • • • • . • r

Water storage / • ? •
SUM o o • o • .. r e e • e • • ! • r e ? • • • • • • ? • • ? ?
Bank/Shoreline stabilization / x 4
00 =

Pollutant removal . •
.. ........... .... .
Sensitive watershed
..
` x 50 _
T

ravel corridor

..
<?

»
Welland score
•

..
........... :
.:... .
Special ecological attributes d •
Wildlife habitat x 1.50 = •
Aquatic life value d
Recreation/Education
Economic value x 0.25 = •
00000000 0 0 u r 0 • 0 0 o 0 0 0 • 0 0 i 0 • • 0 0 0 • 0 0 • 0 0 0 0 0 • 609006060 6600090 0
Wetland area De 7 acres Wetland width /sue feet
Nearest road 6re5PM11s Pu
NOTIFICATION FORM
INFORMATION SHEET -2 W a
Nationwide permits that require notification to the Ca
Nationwide permits that require application for Section
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) 1
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-third acre fill of waters or
wetlands). Projects that do not meet these criteria require application for Section 401 water quality certifications.
r
C. NOTIFICATION/APPLICATION PROCEDURES.
The attache *should be used to obtain approval from the Corps of Engineers and/or the N.C. Division of
Environmenanagement 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 -NATIONAL MARINE FISHERIES SERVICE
RALEIGH FIELD OFFICE HABITAT CONSERVATION DIVISION
P.O. Box 33726 Pivers Island
Raleigh, NC 27636-3726 Beaufort, NC 28516
Telephone [phone] Telephone [phone]
?ov:a C) e-\\ \-G«y N\OAY
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 HIST
ee
Raleigh, NC 27601
Telephone [phone]
2e'-e QeAwm- ?Lcyr `Y
Information obtained from these agencies should be forwarded to the Corps.
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DEM ID: ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit ft ??)
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 I c-py
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 ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. Bor. 29535
Raleigh, NC 27626-0535
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. i
1. Owners Name: ?!1 C? f S
2. Owners Address: W lU?K : 1.0 .C . "L'1 °u?i3
3. Owners Phone Number (Home): (Work): 'L31-4372
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
Nearest Town or City: W
Specific Location (Include road numbers, landmarks, etc.): Iu2,t: .? ?or?t? S Il (,,S
6. Name of Closest Stream/River. Q nfA n? n n Qe
7. River Basin:. \ A PA e
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES 1%4' NO [ ]
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO 14-
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: © . k o k,
Drained:
Flooded:
Excavated:
Total Impacted:
5. Location of work (MUST ATTACH MAP). County: 1K)

12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): Elu-
13. Purpose of proposed work: -TO l-L'VG- L,&-b
14. State reasons why the applicant believes that this activity must be carried oi}t in wetlands-. We, note measures
taken to minimize wetland impacts.. `t0 t- E L, QJT I L.C N,CieL 6: W1?.e,
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 c ical
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 histo c
properties in the permit area which may be affected by the proposed project? Have you done so? YES [ ] NK
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 o surroun mg property.
R If applicable, what is proposed method of sewage disposal? (4"AloI
P
GTY WLSON
DEED BOOK 1027 027 PAGE N
DEED BOOK 1294 PAGE 757
Birchwood Place
trt?rertr ?
William L. Ellis
L"At" M
City of Wilson Wilson Co., N. C.
September 1988 Scale: 1" -100'
lt. k. I1???•ri?i & Aw4ockleh,
2406 rn1 Nash yltoof
W11mint Norlh Carolina 27893
(919) 291-88"7