19940014 Ver 1_COMPLETE FILE_19940107

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
January 20, 1994
Mr. Douglas Seitz
P.O. Box 13635
New Bern, N.C. 28561
Dear Mr. Seitz:
E:) EHNR
Subject: Proposed fill in Wetlands or Waters
Residential lot development
Craven County
DEM Project # 94014
Upon review of your request for 401 Water Quality Certification
to place fill material in 0.33 acres of wetlands or waters which are
tributary to Wilson Creek for residential lot fill located at Lot
#440, Section VI-Phase II, Greenbriar Subdivision in Craven County as
described in your submittal dated 1 January 1994, 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.
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,
ke4st ?IMW5. Jr. P.E.
94014.1tr
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
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Signed
N.C. Dept. of Environment, Health, and Natural Resources
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGIN
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
December 13, 1993
IN REPLY REFER TO
Regulatory Branch
0 Inne)
WETI_At?' i.
Action ID. 199400603 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
40, I's-
Mr. Douglas Seitz ???
Post Office Box 13635
New Bern, North Carolina 28561
Dear Seitz:
Reference your letters of August 9, 1993, and October 28, 1993, for
Department of the Army authorization to construct a single-family home on
Lot No. 440, Section VI - Phase II, Greenbriar Subdivision, located above the
headwaters of Wilson Creek, in New Bern, North Carolina.
On September 9, 1993, Mr. Norm Sanders of my staff inspected your
property containing wetland pockets previously delineated and surveyed by this
office.
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 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 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.

-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.
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
•-1 .46
-3-
Copies Furnished (without enclosure):
Kir ' 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. 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. Charles Jones, District Manager
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 769
Morehead City, North Carolina 28557
Mrs. Deborah Sawyer
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
1424 Carolina Avenue
Washington, North Carolina 27889
Mr. Steve Tyson
2402 Clarendon Boulevard
New Bern, North Carolina 28562
Mr. Joe Squires
Craven County Building Code
Administrator
Post Office Drawer R
New Bern, North Carolina 28563
i •
January 1, 1994
Mr. John Dorney
Water Qual.Sec.-Div.Env.Mgt.
NC DEPT.ofENV.,HLTH & NAT. RES.
RALEIGH, NC 27626-0535
Dear Mr. Dorney:

Re: Action ID. 199400603 &
Nationwide Permit No.26
Lot 440,Sec.VI-Phase II
Greenbrier Sub-Div above
Wilson Creek,New Bern,NC
Enjoyed talking with you last year on December 30th about
obtaining the required approval(s) to build on previously
delineated wetlands pockets on my property.
This follow-through was strongly suggested by Mr.G Wayne
Wright in his letter to me dated December 13, 1993. I have
enclosed a copy of it and a copy of the plat map with the
wetland areas indicated thereon.
Would you please mail to me your approval to build on the
lot so that I shall be in strict keeping with the current
law and the property will be free of any such encumbrances.
Also, would you be kind enough to let me know from whom else
I must seek approvals? I have been at this since last August
and think I have done as much as I can do to conclude this
matter for the good of all parties involved but six months
is a bit much. Your counsel would be appreciated very much.
Thank you.
ei
H. S
/Ul?.
P.O. Box 13635
New Bern, NC 28561
Enclosures
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
December 13, 1993
IN REPLY REFER TO
Regulatory Branch
Action ID. 199400603 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
Mr. Douglas Seitz
Post Office Box 13635
New Bern, North Carolina 28561
Dear Seitz:
Reference your letters of August 9, 1993, and October 28, 1993, for
Department of the Army authorization to construct a single-family home on
Lot No. 440, Section VI - Phase II, Greenbriar subdivision, located above the
headwaters of Wilson Creek, in New Bern, North Carolina.
On September 9, 1993, Mr. Norm Sanders of my staff inspected your
property containing wetland pockets previously delineated and surveyed by this
office.
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 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 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.

-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 autbori.zed 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.
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,
R '
e Wri t
Chi Regula ory B
'OOJ
Enclosure

-3-
Copies Furnished (without enclosure):
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. 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. Charles Jones, District Manager
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 769
Moxfehead City, North Carolina 28557
Mrs. Deborah Sawyer
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
1424 Carolina Avenue
Washington, North Carolina 27889
Mr. Steve Tyson
2402 Clarendon Boulevard
New Bern, North Carolina 28562
Mr. Joe Squires
Craven County Building Code
Administrator
Post Office Drawer R
New Bern, North Carolina 28563