19930907 Ver 1_COMPLETE FILE_19931026

11
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO May 19 , 1994
Regulatory Branch
Action ID. 199400315 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
Mr. Steve R. Poole, Jr.
Rt. 2, Box 2130
Belhaven, North Carolina 27810
Dear Mr. Poole:
Reference your application of October 21, 1993, for Department of the Army
authorization to mechanically clear 3.5 acres of wetlands above the headwaters
of Burbage Gut, located off SR 1718, approximately one mile west of NC 99 and
Sidney Crossroads, in Beaufort County, North Carolina.
For the purposes of the 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. Authorization was
provided, pursuant to Section 404 of the Clean Water Act, for discharges of
dredged or fill material into headwaters and isolated waters provided:
a. the discharge does not cause the loss of more than 10 acres of waters
of the United States;
b. the permittee notifies the District Engineer if the discharge would
cause the loss of waters of the United States greater than one acre in
accordance with the "Notification" general condition. For discharges in
special aquatic sites, including wetlands, the notification must also include
a delineation of affected specific aquatic sites, including wetlands; and
c. the discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project.
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions. This
nationwide permit does not relieve you of the responsibility to obtain any
required State or local approval.
This verification will be valid for two years from the date of this letter
unless the nationwide authorization is modified, reissued or revoked. Also,
this verification will remain valid for the two 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 two years, the nationwide permit authorization
expires or is suspended or revoked, or is modified, such that

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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 twelve 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.
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].
Thank you for your time and cooperation. Questions or comments may be
addressed to Mr. Norm Sanders of our Washington Regulatory Field Office,
telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure

-3-
Copies Furnished (without enclosure):
AIr. 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
Mrs. Deborah Sawyer
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 2188
Washington, North Carolina 27889
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health, and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Harry Bailey
Division of Land Resources
Land Quality Section
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 2188
Washington, North Carolina 27889
Mr. Terry Moore, District Manager
Division of Coastal Management
North Carolina Department of
Environment, Health, and
Natural Resources
Post Office Box 2188
Washington, North Carolina 27889
Mr. Rodney Woolard
U.S. Soil Conservation Service
102 East 2nd Street
Room 311
Washington, North Carolina 27889
Mr. Neal Woolard
Beaufort County Health Department
Environmental Health Section
Post Office Box 579
Washington, North Carolina 27889
State of North Carolina
Department of Environment, 'Av
Health and Natural Resources 4?.
Division of Environmental Management -?I
James B, Hunt, Jr., Governor
Jonathan B, Howes, Secretary ID E H N F1
A. Preston Howard, Jr„ P.E., Director
February 8, 1994
Mr. Steven R. Poole, Jr.
Route 2, Box 2130
Belhaven, N.C. 27810
Dear Mr. Poole:
Subject: Proposed fill in Wetlands or Waters
Agricultural land clearing and farm shop construction
Beaufort County
DEM Project #93907
Upon review of your request for 401 Water Quality Certification
to place fill material in 3.5 acres of wetlands or waters which are
tributary to Pungo Creek for agricultural land clearing and farm shop
located at SR 1718 in Beaufort County as described in your submittal
dated 25 October 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. An additional condition is the agricultural BMPs must be used
as designed by the U.S. Soil Conservation Service to control runoff.
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. reston Howar Jr. P . E
9390V.Itr 1
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 Affirmativo Action Employer 50% recycled/ 10% post-consumer paper
iI
DEM ID: ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): 26
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 WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRO
P.O. Box 1890 AND NATURAL RESOURCES -.-!-
Wilmington, NC 28402-1890 P.O. Box 29535
ATM: CESAW-CO-E Raleigh, NC 27626-0535
Telephone [phone] ATTN: MR. JOHN DORNEY S
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO TiCERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRO M t ?CMENT.
PLEASE PRINT.
1. Owners Name: Steve R. Poole, Jr.
2. Owners Address: Rt. 2, Box 2130, Belhaven, NC 27810
3. Owners Phone Number (Home): 919-964-4976 (Work): Same
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
5. Location of work (MUST ATTACH MAP). County: Beaufort
Nearest Town or City: Belhaven
Specific Location (Include road numbers, landmarks, etc.): One mile west of Sidney Crossroads and
NC 99 on SP 171_8.
6. Name of Closest Stream/Rive.. Pungo Creek
7. River Basin: Pamlico
8. Is this project located in a watershed, classified 2?z Trout, SA, HQW, ORW, WS I, or WS 11? YES [ J NO [XI
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO [XJ
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 3.5
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 3.5
Drained: -
Flooded:
Excavated: -
Total Impacted: 3.5
I-
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings drily): Clear area of tree
stumps behind my home.
13. Purpose of proposed work: Prepare area to be used for cropland and farm shop.
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. Area is close to home and has similar soils to
surrounding cropland.
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 [ X] 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 maybe affected by the proposed project? Have you done so? YES[x] NO[
J
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 Tian is required for this project, attach copy.
E. What is land use of surrounding property? cropland
F. If applicable, what is proposed method of sewage disposal? N/A
??wner's Signature irate
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State of North Carolina
Department of Environment,
NMA
Health and Natural Resources T W 0
Division of Coastal Management
James B, Hunt, Jr., Governor ED E H N F1
Jonathan B. Howes, Secretory
Roger N. Schecter, Director
27 October 1993
Mr. Steve R. Poole, Jr.
Route 2, Box 2130
Belhaven, North Carolina 27810
REFERENCE: ACTION ID 199400315
Proposal to clear, stump and
fill wetlands for cropland
and farm shop in Beaufort
County, North Carolina
Dear Mr. Poole,
The North Carolina Division of Coastal Management has reviewed the above
referenced application for a Nationwide Permit dated 21 October 1993 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 not inconsistent
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.
3. All fill material authorized by this permit must be obtained from an
upland source.
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,
Terry E. Moore
District Manager
Division of Coastal Management
Washington Regional Office
TEM/pp
cc: Steve Benton - Federal Consistency Coordinator, DCM, Raleigh
john Dorney - Water Quality Section, DEM, Raleigh
Wilmington District Engineer
ATTN: CESAW-CO-E
1424 Carolina Avenue, Washington, North Carolina 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper