19930654 Ver 1_Complete File_19930803

State of North Carolina
Department of Environment,
Health and Natural Resources • •
Division of Environmental Management
James B. Hunt, Jr., Governor n C F1
Jonathan B. Howes, , Secretary A. Preston Howard, Jr., P.E., Director
August 9, 1993
Scott H. James
Route 1 Box 251
Plymouth, N.C. 27962
Dear Mr. James:
Subject: Proposed fill in Wetlands or Waters
Road crossing
Washington County
DEM Project #i: 93654
Upon review of your request for 401 Water Quality
Certification to place fill material in 0.1 acres of wetlands or
waters which are tributary to Phelps Lake Creek for a road
crossing located at SR 1183 in Washington County as described in
your submittal dated 2 August 1993, we have determined that the
proposed fill can be covered by General Water Quality
Certification No. 2732 issued January 21, 19.92. A copy of the
General Certification is attached. This Certification may be
used in qualifying for,coverage under Corps of Engineers'
Nationwide Permit No. 14.
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,
s n`'?Ioward, Jr. P . E .
93654.1tr eto
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
1

DEM ID: ? ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #`
JOINT PORN FOR
NATIONWIDE PERMITS TEAT 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
ATTNt CESAW-CO-E
Telephone [phone]
4
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENT GEMENT
NC DEPARTMENT OF ENVIRO TV ITAJ?TH
AND NATURAL RESOURC
P.O. BOX 29535
RALEIGH, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone] WETL 9.Q 6ikiw,'r
MIATE
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF z. _,3
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME : `yENC C) ! V e _S
2. OWNERS ADDRESS: K
3 . OWNERS PHONE NUMBER (HOME): 75;;2 - J (WORK): 9 7 _ <`0 5-T_
4. IF APPLICABLE: E 'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
S. LOCATION OF WORK (MUST ATTACH MAP). COUNTY: NEAREST TOWN OR CITY: S AL., e- /_ -'-'
SPECIFIC LOC TIO (INC UDE ROAD NU B RS, LANDMARK ETC.
3 2 sz- o
6. NAME OF CLOSEST STREAM/RIVER:
/-
7. RIVER BASIN: s1__ 110, Q L°. f- /-;? d >7
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES [ J NO M
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ J NO
IF YES, EXPLAIN.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WjT!RS OF HE U.S., INCLUDI G /
WETLANDS, LOCATED ON PROJECT SITE: , n C?.TS Z.Q. ? ;17 Z
1/14/93

-2-
11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY
THE PROPOSED PROJECT:
FILLED: ?a-'O
DRAINED: i
FLOODED:
EXCAVATED:
TOTAL IMPACTED: c a o s Q
12. DESCRIP ION OF PROPOSEDWORK -/(ATTA H PLANS-8 1/2" X 11" DRAWINGS ONLY):
11116 A-1-4
13. PURPOSE OF PROPOSED WORK: /y'? C 2,S S a {?? a O L-e 170 j„ e,
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. 1 O !2.,e- -/--
lL?C /. S / y? 9 /rn o 6 /.L n L_
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 DEN:
A. WETLAND DELINEATION MAP SHOWING ALL WF?TLANDS, STREAMS AND LAKES ON
THE PROPERTY. to / f !? G' a s e ?.e e ^,r
B. IF AVAILABLE REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PROJECT.
C. IF DEL_N/EATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT JO THE PLACEMENT OF THE DELINEATION LINE.
a /9S' 6 /6 X77 / / tii *-- ¢ r-S - I -e c o r ?
D. IF A STORMW TER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH
COPY. E. E. WHAT IS LAND USE OF SURROUNDING PROPERTY?
F. IF APPLICABLE, WHAT IS PROPO D ME HOD OF SEWAGE DISPOSAL?
-J2 Dr /151 2?
OWNER'S SIGNATURE DATE

v
DEM ID: 9-30? ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT 1): D
4UL 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 ENVIR
AND NATURAL RES E?
P.O. BOX 29535 p
RALEIGH, NC 27626-0
ATTN: MR. JOHN DORN
Telephone (919) 733-
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. D
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME : v C O / V / Y y(?`
2. OWNERS ADDRESS:
ANAGEMENT..
OF
,', e S

3. OWNERS PHONE NUMBER (HOME): 0'----? (WORK): ? 7
4. IF APPLICABLE: AG NT' S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
?o.
5. LOCATION OF WORK (MUST ATTACH MAP). COUNTY: 644d-41'
NEAREST TOWN OR CITY: i7/- 'e S w e Z-
SPECIFI;TLOTIO?I ( INCI/ DCE 3 AD NUI?B?R L? DMARK,S?O C.)
6. NAME OF CLOSEST STREAM/RIVER: L/ &
7. RIVER BASIN:
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES [ ) NO go
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 WET RS OFJHE U.S., INCLUD721A4
G WETLANDS, LOCATED ON PROJECT SITE: lrC:eSS ey, 27
1/14/93
}
-2-
11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY
THE PROPOSED PROJECT:
FILLED:
DRAINED:
FLOODED:
EXCAVATED:
TOTAL IMPACTED: o a O S' ?,
12. DESCRIP ION OF PROPOSEDWORK (ATTA H PLANS-8 1/2" X 11" DRAWINGS ONLY):
T / Y/ D .-- !1 D 1,41 ?i? a S'u/ >y 9
13. PURPOSE OF PROPOSED WORK : _ Ac- C 2 S S o A# d 1/ L-2 ? o Jn e-
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. /,(JQ Ar=^n/ W Gt S 7? ?3 ?- c r of ?4 ?-
.lLX /. .S 7'- / -., 4 "m D 6 /1_ -(L I A, ?_ .P / . c' !,L 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 T PT 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 [ j
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. ADDITIONAL INFORMATION REQUIRED BY DEM:
A. WETLAND DELINEATION MAP SHOWING ALL W TLANDS, STREAMS, AND LAKES ON
THE PROPERTY. EJ` 7? .? ?- lu /? G o „ /0 S a c!:5'f / 9j.e Q r-X
B. IF AVAILABLE REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PROJECT.
C. IF DEL_N/EATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT JO THE PLACEMENT OF THE DELINEATION LINE.
-p-5' d /6 ? / i -)7 e ¢ rs' - r -e c O r
TER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH
D. IF A 771?
COPY. E. WHAT I
S LAND USE OF SURROUNDING PROPERTY?
F. IF APPLICABLE, WHAT IS PROPO D MEYHOD OF SEWAGE DISPOSAL? //
:jel
,,7 Q9z
OWNER'S SIGNATURE DATE
41

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hn

------------

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
August 27, 1993
IN MtF'LT MtFth IV
Regulatory Branch
C
?! ` 1 r
93
r
Action ID. 199303588 and Nationwide Permit No. 14 (Road Crossing)
Mr. Scott H. James
Route 1, Box 251
Plymouth, North Carolina 27962
Dear Mr. James:
Reference your application received August 2, 1993, for Department of the
Army authorization to place fill material in 0.04 acre of 404 wetlands for the
purpose of constructing a 50-foot-long by 40-foot-wide minor road crossing to
access your property, located off S.R. 1183 (Keep Road), adjacent Lake Phelps,
Creswell, Washington County, North Carolina. The proposed road crossing will
provide access to the existing high ground portions of your property.
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 of 1899
and Section 404 of the Clean Water Act, was provided for fills for roads
crossing waters of the United States (including wetlands and other special
aquatic sites) provided:
a. The width of the fill is limited to the minimum necessary for the
actual crossing;
b. The fill placed in waters of the United States is limited to a filled
area of no more than 1/3 acre. Furthermore, no more than a total of 200
linear feet of the fill for the roadway can occur in special aquatic sites,
including wetlands;
c. The crossing is culverted, bridged or otherwise designed to prevent
the restriction of, and to withstand,. expected highflows and the movement of
aquatic organisms;
d. The crossing, including all attendant features, both temporary and
permanent, is part of a single and complete project for crossing of a water of
the United States; and
e. For fills in special aquatic sites, including wetlands, the permittee
notifies the District Engineer in accordance with the "Notification" general
condition.
-2-
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 the2 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 base to modify, suspend or
revoke the authorization.
As discussed, you should contact the following state agencies to obtain
the required State authorizations prior to starting work: Mr. John Dorney,
North Carolina Division of Environmental Management, telephone [phone],
and Mr. Steve Benton, North Carolina Division of Coastal. Management, telephone
[phone].
Questions or comments may be addressed to Mr. Raleigh W. Bland, Washington
Field office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure

-3-
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
l
Mf. John Dorney
Water Quality Section
Division of Environmental Management
Ncrth Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Mr. Terry Moore, District Manager
Washington Regional Office
North Carolina Division of
Coastal Management -
Post Office Box 2188
Washington, North Carolina 27889
arr
State of North Carolina
D
1':'1993
Department of Environment, Health, and Natural,
Division of Coastal Management
r 1424 Carolina Avenue, Washington, North Carolina 27889
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
10 August 1993
Mr. Scott H. James
Route 1, Box 251
Plymouth, North Carolina 27962

Roger N. Schecter
Director
REFERENCE: DEM ID 93654 - Proposed Minor Road
Crossing Wetlands for Access to
Highground in Washington County,
North Carolina
Dear Mr. James:
The North Carolina Division of Coastal Management has reviewed the above
referenced application for a Nationwide Permit pursuant to Section 307 of the Coastal
Zone Management Act of 1972 as amended. Based upon our review, we have determined that
the proposed activity is consistent with the North Carolina Coastal Management Program
provided the following conditions are met.
1. The activity described in the above application qualifies to receive one
of the Nationwide Permits described in 33 CRF Part 330 with the exception
of Numbers 17, 21, 24, and 34 which were found inconsistent with the North
Carolina Coastal Management Program.
2. A 401 Water Quality Certification 'is received, where required, from the
North Carolina Division of Environmental Management.
This letter does not relieve you of the responsibility to ensure that all other
State authorization and/or permit requirements are met prior to implementation of the
project. Please feel free to contact me at [phone] if you have any questions
or need further assistance.
Sincerely,
Te ry E. Moore
District Manager
Division of Coastal Management
Washington Regional Office
TEM/pp
cc: Steve Benton - Federal Consistency Coordinator, DCM, Raleigh
n Dorney - Water Quality Section, DEM, Raleigh
Wilmington District Engineer
ATTN: CESAW-CO-E
1424 Carolina Avenue Washington. N.C. 27889 • Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer