19940248 Ver 1_COMPLETE FILE_19940321

IMPORTANT
TO

DATE
WHILE YOU
M MESSAGE

A.M.
TIME P.M.
WERE OUT
OF
Area Code
& Exchange

Message

Operator
TELEPHONED PLEASE CALL
CALLED TO SEE YOU WILL CALL AGAIN
WANTS TO SEE YOU URGENT
RETURNED YOUR CALL

State of North Carolina
Department of Environment,
Health and Natural Resources 4Y •
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B, Howes, Secretary E H N F?
A. Preston Howard, Jr., P.E„ Director
April 18, 1994
Waste Industries, Inc.
P.O. Box 758
Newport, N.C. 28570
Dear Sirs:
Subject: Proposed fill in Wetlands or Waters
Industrial subdivision
Carteret County
DEM Project #94248
We have reviewed your request for 401 Water Quality Certification to
place fill material in 3.98 acres of wetlands or waters which are tributary to
Blakes Branch for industrial subdivision located at Hwy. 70 and SR 1140 in
Carteret County as described in your submittal dated 11 March 1994. Based on
this review, we have determined that the proposed fill is covered by General
Water Quality Certification No. 2671. A copy of the General Certification is
attached. This Certification is necessary for coverage under Corps of
Engineers' Nationwide Permit No. 26. This action completes DEM's review under
Section 401 of the Clean Water Act. This Certification replaces one issued on
14 March 1990.
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,
P eston Howard, J? P. E.
94248.1tr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
Mr. John Dorney
Central Files
Ron Cullipher; Stroud Engineering
RO. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
R
1

AIIaL ? ,Uri Y-ice yy, yo
-t4 cKc,
011-14 xl4w
q [ gI,V
?J?? 18 1990
?? ?Z
INFORHATION SHEET
jIJ

MAR 17M4.
lgITIONWIDE . PERMITS THAT REQUIRE NOTIFICATION T TB?A S: ,?yT
IOITIONWIDE PERMITS THAT REQUIRE SECTION 401. CL Tllt? NCwt*2 iCE
XATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION '402 CZBTIFICATION
t
A. NOTIFICATION TO THE CORPS Ol°„$NCIXNEERS_ DISTRICT ENGINEER. (REFER TO
ITEM B. BELOW FOR DIVISION OF ENVIRONMENTAL MANAGEMENT NOTIFICATION
REQUIREMENTS AND SPECIFICALLY NOTE NWB.26 DIFFE"NCE.)
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 29 cubic yard's)
NW? 7
NWP 13 (only for stabilization activities in excess of Soo feet in length
.or greater than an average of one.cubic yard per running foot) i
NW? 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. 1.
NWP 21 (must include a delineation of affected special aquatic sites, Ohl,
including wetlands)
NWP 26 (only for greater than 1 aFre,total impacts and must include a
delineation of affected special aquatic sites, including, wetlands)
i
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 s2p late
notification is received by the District Engineer and no notice has been
received from the District Engineer, atd '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--tone management consistency determination
if the activity will affect the coastal area.
.!
3/30/92
-2-
Use of NWP 12 also requires notification to the District Engineer, but work
may not begin until written concurrence in 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 (NHFS), and the state Historic Preservation"
office (SHPO), as indicated helow and on the notification form, do not apply.
B. REQUEST TO DEM FOR NATIOiTWIDE PERMIT SECTION 401 GENERAL CERTIFICATION
CONCURRENCE OR,INDIVIDUAL SECTION 401 CERTIFICATION.
Certain nationwide permits were denied general 401 certification by the State
of North Carolina and, thus, require individual section 401 water quality
certifications. They are•NWP 17, NWP 21, and NWP 34....,
certain nationwide permits have general :ertifications, but require
concurrence from the N.C. Division of Environmental Management that the
general certification applies to a,l?r„gposed action. They are.NWP 6, NWP 7,
NWP.12, ??wn 12, NWP 14, NWP 15, NWP'16, NWP?18, NWP 26 (if greater than 1/3
acre total impact), NWP 33, NWP 38, and NWP 40. NWP 23 requires only that the
applicant notify DEM.
C. APPLICATION PROCEDURES.
The attached form should be ?:sed to obtain approval from the Corps of
Engineers and/or the N.C. Division of nvironmental Management as specified
above. The applicant should make sur that all necessary information is
provided in order to avoid delays. One copy of the application is required by
the Corps of Engineers and seven copies are required by DEM. Plans 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
iZUkLEIUR FIELD OFFICE
P.O. BOX 33726
RALEIGH, NC 27636-3726
Telephone [phone]
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 effected by-the 'Proposed project..
STATE HISTORIC PRESERVATION OFFICE
N.C. DIVISION OF ARCHIVES AND HISTORY
109 EAST JONES STREET
RALEIGH, NC 27601
[phone]
NATIONAL MARINE FISHERIES SERVICE
HABITAT CONSERVATION DIVISION
PIVERS ISLAND' "
BEAUFORT,.NC 28516 !
Telephone [phone]

Information obtained from these agencies should be forwarded to the Corps.
DEM ID:
NATIONWIDE PERMIT
XILTIONWIDE PERMITS
NATIONWIDE PERMITS
KATIONWIDS PERMITS
ACTION ID:
APPLIED FOR (PROVIDE NATIONWIDE PERMIT 0):
JOINT APPLIQATION PORK FOR
TEAT REQUIRS NOTIFICATION TO CORPS OF ENGINEERS
TEAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
TEAT REQUIRE INDIVIDUAL 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 MANAGEMENT
NC DEPARTMENT.OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. BOX 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. CEASE PRINT.
1. OWNERS NAME : _WQL'f '? L7(i l) C I 'CAS V)
2. OWNERS ADDRESS:
gcs,(
r s
3. OWNERS PHONE.KUMBER (HOME) : J (.WORT(),., 9 9 - ZZ3 1?,1 ?p
4. IF APPLICABLE: AG NT'S NAME OR RESPONSIBL.E CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: --? CA-NQ i?'Iw !g rr
5. LOCATION OF PLANNED WORK (ATTACH MAP). COUNTY : ? A fL j 52:tt j
NEAREST TOWN OR CITY: _ tcL,eogg
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): ?Y1 CC_?Iarl7
US1 K CS2-. 11!10 6. NAME OF CLOSEST. STREAM/RIVER: 8 Ickes
7. RIVER BASIN: Lid * ?-, 0 (1 v-
B. IS THIS PROJECT LOCATED, IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,,
WS I, OR WS II? YES ( J NO ?'?)
9. HAVE ANY SECTION 404 PERHTS BEEN,PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES \A NO f j,
IF YES, EXPLAIN. ?YN -'DN k-kF)M

10. ESTIMATED TOTAL NUMBER OF ACRES OF WAT RS OF THE U.S., INCLUDING
WETLANDS, LOCATED ON PROJECT SITE: a
3/30/92 'i
-2-
11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY
THE PROPOSED PROJECT: nl?
FILLED: 2.37
DRAINED:
FLOODED:
EXCAVATED:
TOTAL IMPACTED: -1. 3
T(?c
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS) : CC?N S'71CYCJj I Iunlls; LLA )
X118D)(-) IOr 1
13. PURPOSE OF PROPOSED WORK:
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKFN.
,TO,.MIpTNTZE WETLAND
IMPACTS. FILL WAS UDOCADI?) Eat-C4 0 P-1 .
(C alj rz Mott:Ta A (?C7

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 ?i
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 ?N 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? C!T_t_ 4L
I
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
-To L,),J o r __N. o-• X<?jb7
gyn. ?. 3 II`?
01rtfEk`S• SIGNATURE DATE
STROUD ENGINEERING, P.A.
WETLANDS
HESTRON PLAZA ONE
SUITE 102
MOREHEAD CITY, NORTH CAROLINA 28557
[phone]
Mr. Scott McClendon
Wilmington District Engineers
Corps of Engineers, Dept. of the Army
P.O. Box 1890
Wilmington, North Carolina 28402-1890
Mr. John Domey
Water Quality Planning
N.C. Division of Environmental Management
P.O. Box 29535
Raleigh, North Carolina 27626-0535
RE: Waste Industries
Property Management Group
Newport, Carteret County
Dear Gentlemen:
March 11, 1994
Waste Industries received a NWP 26 in September 1990 and a Water Quality
Certification in March 1990 for fill of 3.98 acres of headwater wetlands.
Waste Industries constructed their new facility and filled 1.61 acres of wetlands and
the remaining 2.37 acres have not been filled. The PDN has now expired and Mr.
McClendon has indicated that the appropriate action to renew is to re-file.
Based on his recommendation, please find the new request for fill of the remaining
2.37 acres. Please keep in mind during your review that this acreage was previously
approved by both agencies and significant planning and marketing efforts have been
undertaken assuming that the fill activity was permitted. Copies of the previous permits are
enclosed.
If I can provide any additional information please let me know.
RDC/kw
cc: Dallas Goodwin
Sincerely,
Ronald D. Cullipher, P.E.
P.O. BOX 2697
107 COMMERCE ST. HESTRON PLAZA ONE 2400 N. CROATAN HWY.
SUITE B SUITE 102 SUITE B
GREENVILLE, NC 27858 MOREHEAD CITY, NC 28557 KILL DEVIL HILLS, NC 27948
[phone] [phone] [phone]
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B, Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
Waste Industries, Inc.
P.O. Box 758
Newport, NC 28570
ID FE F1
March 29, 1994
MAR , 1994
WETLANDS
WATER QUALITY S','
RE: COE ID# 19941970, Nationwide Permit Application for an
activity located in the Town of Newport, Carteret County.
Dear Sir or Madame:
The North Carolina Division of Coastal Management has reviewed the
above referenced application for a Nationwide Permit dated March
11, 1994 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 referenced
application qualifies to receive one of the Nationwide
Permits described in 33 CFR Part 330 with the exception
of Numbers 17, 21, 24, and 34 which were found inconsis-
tent 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 insure
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], Ext. 263, if you have any questions
or need further assistance.
Sincerely,
V
Charles S. Jon s
District Manager
CC: Preston P. Pate, Jr.
Steve Benton, Consistency Coordinator
Wilmington District Engineer; ATTN: CESAW-CO-E
John Dorney, DEM/Raleigh
Ron Cullipher, Stroud Engineering
P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier x`11-12-09
Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
STROUD ENGINEERING, P.A.
HESTRON PLAZA ONE
SUITE 102
MOREHEAD CITY, NORTH CAROLINA 28557
[phone]
U.S. Fish & Wildlife Service
Raleigh Field Office
P.O. Box 33726
Raleigh, North Carolina 27636-3726
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
State Historic Preservation Office
N.C. Division of Archives and History
109 East Jones Street
Raleigh, North Carolina 27601
RE: Waste Industries
NWP 26 Permit Request (Renewal)
Property Management Group
Newport, North Carolina
Dear Agencies:
March 11, 1994
f MAR 1 71994
k
WETLAN
In accordance with applicable requirements, please utilize this letter as notification
of our request to NCDEM and the Corps of Engineers to fill 2.37 acres of land.
A copy of our application package is enclosed for your information. -If I can
provided any additional information, please let me know.
Sincerely,
R Wald D. Cullipher, P1.
RDC/kw
cc: John Dorney, NCDEM
Scott McClendon, USACE
P.O. BOX 2697
107 COMMERCE ST. HESTRON PLAZA ONE 2400 N. CROATAN HWY.
SUITE B SUITE 102 SUITE B
GREENVILLE, NC 27858 MOREHEAD CITY, NC 28557 KILL DEVIL HILkS, NC 27948
[phone] [phone] [phone]
IN REPLY REFER TO

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
October 9, 1990
Regulatory Branch
SUBJECT: File No. SAW26-90-77, Waste Industries
Mr. Dallas Goodin
Waste Industries, Inc.
Post Office Box 758
Newport, North Carolina 28570
Dear Mr. Goodin:
1994
_ WA ERT??riu
This letter is in response to the pre-discharge notification that was
received from you on September 6, 1990, concerning a proposed project in
Carteret County, North Carolina (copy enclosed).
The period allowed by regulation for us to review your pre.-discharge
notification has expired. Consequently, your proposed project is authorized,
provided it complies with the criteria for authorization by Nationwide Permit
No. 26.
A separate Department of the Army permit is not required, provided the
work is performed as described in the pre-discharge notification and in
accordance with the conditions listed in 33 CFR 330.5(b)(1-14) (copy of list
enclosed). Other State and local authorizations may also be required.
This verification will be valid until the nationwide permit is modified,
reissued or revoked. All nationwide permits are scheduled to be modified,
reissued or revoked prior to January 13, 1992. It is incumbent upon you to
remain informed of changes to the nationwide permits. We will issue a public
notice announcing changes when they occur. Furthermore, if you commence or
are under contract to commence this activity before the date the nationwide
permit is modified or revoked, you will have 12 months from the date of the
modification or revocation to complete the activity under the present terms
and conditions of this nationwide permit.
Thank you for your cooperation with our permit program.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosures
DEPARTMENT Ue THE ARMY
V MINGTON DISTRICT, CORPS OF ENC"-EERS
r- P.O. BOX 1890 u?
WILMINGTON, NC 28402-1890
ATTN: CESAW-CO-E
INFORMATION SHEET - NATIONWIDE PERMIT 26
1. Nationwide permit 26 authorizes the discharge of dredged or fill material
which will cause the loss or substantial adverse modification of less than 10
acres of (i) non-tidal rivers, streams, and their lakes and impoundments,
including adjacent wetlands, that are located above the headwaters; and (ii)
other non-tidal waters of the U.S., including adjacent wetlands, that are not
part of a surface tributary system (i.e., isolated waters). The district
engineer must be notified if the discharge will cause the.loss or substantial
adverse modification of 1 to 10 acres of such waters. This notification
process is called a pre-discharge notification.
2. The applicant shall not begin discharges requiring pre-discharge
notification under nationwide permit 26:
a. Until notified that the work may proceed under the nationwide permit
with any special conditions imposed by the district or division engineer, or
b. If notified that an individual permit may be required, or
c. Unless 20 days (calendar) have passed from the time the notification
is received by the district engineer and no notice has been received from the
district or division engineer.
3. Notification under NWP 26 must be in writing and should include the
following:
a. Name, address and phone number of owner;
b. Location of the planned work;
. c. Brief description of the proposed work, its purpose, and the
approximate size of the waters, including wetlands, which would be lost or
substantially adversely modified as a result of the work; and
d.. Any specific information required by the nationwide permit and any
other information that the applicant believes is appropriate.
e. Signature of owner.
f. Applicant is required to obtain a Section 401 Water Quality
Certification from the State of North Carolina for NWP 26 to be valid.
Applicant should furnish a copy of the certification with the pre-discharge
notification to the Corps of Engineers. To obtain a Section 401
certification, applicant should contact:
Mr. William Mills
Water Quality Section
Division of Environmental Management
NC Department of Natural Resources and Community Development
Post Office box 27687
Raleigh, North Carolina 27611-7687

'11.1

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS RECEIVED
P.O. BOX 1890 1
p WILMINGTON, NC 28402-1890
SAW26- / 0 7 Std 1990
ATTN: ' CESAW-CO-E REGULATORY BRANCH
PRE-DISCHARGE NOTIFICATION FORM FOR NATIONWIDE PERMIT 26
NOTES: If Item A.7. (below) is 10 acres or more or if any of the conditions
listed in Section B. (below) are not met, the applicant must submit an
individual permit application. Please contact the District for forms and
information.
Applicant is required to obtain a Section 401 Water quality Certification from
the State of North Carolina for NWP 26 to be valid. This certification should
be furnished with this pre-discharge notification.
PLEASE PRINT
A.
1. OWNERS NAME: Waste Industries. Inc.
2. OWNERS ADDRESS: P.O. Box 758
Newport. North Carolina 28570
3. OWNERS PHONE NUMBER (HOME): N/A (WORK): [phone]
4. LOCATION OF PLANNED WORK: COUNTY: Carteret
SPECIFIC LOCATION (INCLUDE STREAM NAMES, ROAD NUMBEES, ETC.): Southwest
intersection of Highway 70 and N.C.S.R. 1140 north of Blakes Branch.
5. DESCRIPTION OF PROPOSED WORK: Filling of eroded area along Rlaka R an h
6. PURPOSE OF PROPOSED WORK: To fill eroded areas along Blakes Branch.
7. APPROXIMATE SIZE OF WATERS AND WETLANDS WHICH WILL BE LOST OR
SUBSTANTIALLY ADVERSELY MODIFIED AS A RESULT OF WE PROPOSED WORK (EXPRESS
IN TENTHS OF ACRES) : _ 3, 9 $' P rSea? -2G S-wxS'O
8. INFORMATION THAT THE APPLICANT BELIEVES IS APPROPRIATE:
i
9. DO YOU HAVE OWLEDGE OF THE EXISTENCE OF EN 'TGERED SPECIES ON OR
NEAR THE PROPOSE'e'PROJECT AREA? YES [ ] NO Die
IF YES, INDICATE WHAT SPECIES.
10. DO YOU HAVE KNOWLEDGE OF HISTORIC PROPERTIES 'WHICH ARE LISTED OR
DETERMINED ELIGIBLE FOR LISTING ON THE NATIONAL REGISTER OF HISTORIC
PLACES THAT OCCUR IN THE VICINITY OF THE PROPOSED PROJECT? YES [ ] NO [x]
I
11. WILL THE ACTIVITY INTERFERE WITH NAVIGATION? YES [ ] NO [x]
B. CONDITIONS. THE FOLLOWING CONDITIONS MUST BE MET FOR THE NATIONWIDE
PERMITS TO.BE VALID (33 CFR 330.5-.6):
MET NOT MET
1. DISCHARGE OF DREDGED OR FILL MATERIAL WILL NOT [x] [ ]
OCCUR IN THE PROXIMITY OF A PUBLIC WATER SUPPLY
INTAKE.
2. DISCHARGE OF DREDGED OR FILL MATERIAL WILL NOT [x] [ ]
OCCUR IN AREAS OF CONCENTRATED SHELLFISH PRODUCTION
UNLESS THE DISCHARGE IS DIRECTLY RELATED TO AN AUTHORIZED
SHELLFISH HARVESTING ACTIVITY.
3. THE ACTIVITY SHALL NOT SIGNIFICANTLY DISRUPT THE [x] [ ]
MOVEMENT OF THOSE SPECIES OF AQUATIC LIFE INDIGENOUS TO
THE WATERBODY (UNLESS THE PRIMARY PURPOSE OF THE FILL IS
TO IMPOUND WATER).
4. DISCHARGE OF DREDGED OR FILL MATERIAL SHALL CONSIST [x] [ ]
OF SUITABLE MATERIAL FREE FROM TOXIC POLLUTANTS IN TOXIC
AMOUNTS.
5. ANY STRUCTURE OR FILL AUTHORIZED SHALL BE PROPERLY [x] [ ]
MAINTAINED.
6. THE ACTIVITY WILL NOT OCCUR IN A COMPONENT OF THE [x] [ ]
NATIONAL WILD AND SCENIC RIVER SYSTEM; NOR IN A RIVER
CURRENTLY DESIGNATED BY CONGRESS AS A "STUDY RIVER" FOR
POSSIBLE INCLUSION.
7. THE CONSTRUCTION OR OPERATION OF THE ACTIVITY WILL [x] [ ]
NOT IMPAIR RESERVED TRIBAL RIGHTS.

C. MANAGEMENT PRACTICES. THE FOLLOWING MANAGEMENT PRACTICES SHALL BE
FOLLOWED TO THE MAXIMUM EXTENT PRACTICABLE. FAILURE TO COMPLY WITH THESE
PRACTICES MAY BE CAUSE FOR REQUIRING AN INDIVIDUAL PERMIT. APPLICANT
SHOULD PROVIDE EXPLANATION FOR MANAGEMENT PRACTICES NOT MET.
MET NOT MET
1. DISCHARGE OF DREDGED OR FILL MATERIAL INTO WATERS [x] I 1
OF THE UNITED STATES SHALL BE AVOIDED OR MINIMIZED
THROUGH THE USE OF OTHER PRACTICAL ALTERNATIVES.
2. DISCHARGES IN SPAWNING AREAS DURING SPAWNING [x] I I
SEASONS SHALL BE AVOIDED.
3. DISCHARGES SHALL NOT RESTRICT OR IMPEDE THE [x] C
MOVEMENT OF AQUATIC SPECIES INDIGENOUS TO THE WATERS OR
THE PASSAGE OF NORMAL OR EXPECTED HIGH FLOWS OR CAUSE
THE RELOCATION OF THE WATER (UNLESS THE PRIMARY PURPOSE
OF THE FILL IS TO IMPOUND WATERS).
4. IF THE DISCHARGE CREATES AN IMPOUNDMENT OF WATER, [x] )
ADVERSE IMPACTS ON THE AQUATIC SYSTEM CAUSED BY THE
ACCELERATED PASSAGE OF WATER AND/OR THE RESTRICTION OF
ITS FLOW SHALL BE MINIMIZED.
5. DISCHARGE IN WETLAND AREAS SHALL BE AVOIDED. [xJ [ ]
6. HEAVY EQUIPMENT WORKING IN WETLANDS SHALL BE PLACED [x]
ON MATS.
7. DISCHARGES INTO BREEEDING AREAS FOR MIGRATORY [x] L l
WATERFOWL SHALL BE AVOIDED.
8. ALL TEMPORARY FILLS SHALL BE REMOVED IN THEIR [x] I I
ENTIRETY.
9s?
0 R'S SIGNATURE DA YE
IF APPLICABLE:
AGENT'S NAME: Steven D Powers c/o Stroud Engine ing P.A.
AGENT'S ADDRESS: Hestron Plaza One, Suite 102, Morehead City N.C. 28557
AGENT'S PHONE NUMBER: (919) 247-7
URE DATE
*-V.

^h rt)I Iowins_, vpeci,iI ;nndfr.I ins must ho- rr?llowrid in card r FOr th1? Nil ti-1wide.
Pe rmitti 2h Ci> IFS val i, I
(I) That any dischargeu of dredged or Ei11 material will not occur in the
proximity of n public w:atar Supply intake.
(2) That any discharge of dredged or fill material will not occur in
areas of concentrated shellfish production unless the discharge is directly
related to a she] lfish harvesting activity authorized by paragraph (a)(4) of
this section.
(3) 'Chat the activity will not jeopardize a threhtened or endangered
species as identified under the Endangered Species Act (ESA), or-destroy or
adversely modify the critical habitat of such species. In the case of Federal
agencies, it is the agencies' responsibility to comply with the requirements
Of the ESA. If the activity may adversely affect any listed species or
critical habitat, the District Engineer must initiate Section 7 consultation
in accordance with the ESA. In such cases, the District Engineer may:
(i) Initiate Section 7 consultation and then, upon completion, authorize
the activity under the nationwide permit by adding, if appropriate, activity
specific conditions, or
(ii) Prior to or concurrent with Section 7 consultation he may recommend
discretionary authority (See Section 330.8) or use modification, suspension,
or revocation procedures (See 33 CFR 325.7).
(4) That the activity shall not significantly disrupt the movement of
those species of aquatic life indigenous to the waterbody (unless the primary
purpose of the fill is to impound water);
(5) That any discharge of dredged or fill material shall consist of
suitable material free from toxic pollutants (see Section 307 of the Clean
Water Act) in toxic amounts;
(6) That any structure or fill authorized shall be properly maintained.
(7) That the activity will not occur in a component of the National Wild
and Scenic River System; nor in a river officially.designated by Congress as a
"study river" for possible inclusion in the system, while the river is in an
official study status;
(8) That the activity shall not cause an unacceptable interference with
navigation;
(9) That,. if the activity may adversely affect historic properties which
the National Park Service has listed on, or determined eligible for listing
`,

on, the National Regiscir of Historic Places, the permittee will notify the
District Engineer. If the District Fngineer•determines that such historic
properties may be adversely affected, he will provide the Advisory Council on
historic Preservation an opportunity to comment on the effects on such
historic properties or he will consider modification, suspension, or
revocation in accordance with 33 CFR 325.7. Furthermore, that, if the
perm.ittee before or during prosecution of the work authorized, encounters a
historic property that has not been listed or determined eligible for liscin,.g
on the National Register, bitt which may he eligible for listing in the
National Register, he shalt immediately notify the District Engineer;
(I(1) Thac the,constr.uction or op(-ration of the activity will not impair
rp.servecl tribal rights, including, but not limited to, reserved water rights
:uid treaty fishing anti hunting rfghts;
(it) That in certain states, an individual state water quality
certification must he obtained or waived (See Section 330.9);
(12) That in certain states, an individual state crustal zone management
consistency concurrence miisc be obtained or waived (See Section 330.10);
(13) That the activity will comply with, regional conditions which may
have been added by the division engineer (See Section 330.8(a); and
(14) That the management practices listed in Section 330.6 of this part
shall be followed to the maximum extent practicable.
dw. STATro
MAR 1 71994
State of North Carolina
?_,VR? ` _ -
Department of Environment, Health, and Natural ResouraE?
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor March 14, 1990 George T Everett, Ph.D.
William W. Cobey, Jr., Secretary Director
Mr. Steven Powers
Stroud Engineering, P.A.
1iestron Plaza One, Suit( 102
Morehead City, NC 28557
Dear Mr. Powers:
Subject: Proposed Fill in Headwaters or. Isolated Wetlands
Waste Industries, Inc.
Carteret County
Upon review of your request for Water-Quality Certification
to place fill material in a wetland area adjacent to a tributary
of Newport River, we have determined that the proposed fill can
be covered by General Water Quality Certification No. 2176 issued
November 4, 1987. A copy of the General Certification is
attached. This Certification may be used in qualifying fo.r.
coverage under Corps of Engineers' Nationwide Permit No. 26.
If you have any questions, please contact Bill Mills at
919/733-5083.
Sincerely,
J_dt
George T. Everett
GTE: BM
Attachment
cc: Wilmington District Corps of Engineers
Wilmington Regional Office
Pollution Prevention Pays
P.O. Box 27687, Rileigh, North Carolina 27611.7687 Telephone [phone]
An 5:; ial Opportunity Affirmativc Action Employer

GENERAL CERTIFICATION
THIS GENERAL CERTIFICATION is issued.in.conformity with
the requirements of Section 401, Public-Laws 92-500 and
95-217 of the United States and subject to the North
Carolina Division of Environmental Management Regulations in
15NCAC2H, Section .0500 for the discharge of fill material
to navigable waters or adjacent wetlands areas which are
above the headwaters or to wetland areas that are not a 'part
of the surface tributary system to interstate waters or
navigable waters of the United States '(i.e. isolated
wetlands) as described in 33 CFR 330.5(a)(26) of the Corps
of Engineers' regulations. The category of activities shall
include any fill activity in these headwaters' and isolated
wetlands areas where the activity does not-result in the
loss or substantial modification of 10 acres or more of
waters of the United states, including wetlands.
The State of North Carolina certifies that the
specified category of activity will not violate Sections
301, 302, 303, 306 and 307 of the Public Laws-92-500 and
95-217 if conducted in accordance with the conditions
hereinafter set forth.
Conditions of Certification:
1. Proposed fill or substantial modification of 1 to
10 acres of such waters, including wetlands,
requires a.wr.itten concurrence from the Division
of Environmental Management. Activities involving
less than one acre do not require written
concurrence.
2. Excluded from this General Certification are
discharges of fill in waters classified WS I, II,
or III (public water supplies) and SA (shellfish
waters). This exclusion also applies to,fill in
wetlands adjacent to these waters. Discharge
proposed for these waters or wetlands must be
considered for certification on a case-by-case
basis;
- 2 -
3. That the discharge will consist of suitable
material free from toxic pollutants in other than
trace quantities;
4. That established erosion control, practices are
utilized to prevent excessive increases in
turbidity and settleable solids concentrations in
the water body as a result of the discharge;
5. That the discharge of fill material shall be in
accordance with the conditions and management
practices specified by the Corps of Engineers in
33 CFR 330.5 and 330.6 for nationwide permit
number 26.
Non-compliance with or violation of the conditions
herein set forth by a specific fill project,.shall result in
revocation of this Certification for the project.
The Director of the North Carolina Division of
Environmental Management may require submission of a formal
application for certification for any project in this
category of activity, if it is determined that.the project
is likely to have a significant adverse effect upon water
quality or degrade the waters so that existing uses are
precluded.
Public Hearings may be held for specific applications
or group of applications prior to Certification if deemed in
the public's best interest by the Director of the North
Carolina Division of Environmental Management.
This the S" day of I{,/iw'f,0..f? ff
C /
DIVISION ' " ENVIR* I?iENT C, MANAGEMENT
?// ,
R. Paul Wilms, Director
INFORMATION SHEET R
ETLANUS
X7lTIONWIDE PERMITS MAT R.EQVIRE NOTIFICATION TO
XATIONWIDE PERMITS THAT REQUIRE BNCTION'401 CERTIFICATION CONCURRENCE
XXTIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401,CSRTIFIC7?TION
A. NOTIFICATION TO THE CORPS Of_ENGZNEERS pISTRICT ENGINEER. (REFER TO
ITEM B. BELOW FOR DIVISION OF ENVIRONMENTAL MANAGEMENT NOTIFICATION
REQUIREMENTS 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 29 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 Bite and must include a delineation of the affected
special aquatic site, including wetlands)
NW? 21 (must include a delineation of affected special aquatic sites, mir
..including wetlands)
NW? 26 (only for greater than 1 a5re,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 Bites,
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 soeplete
notif cation is received by the District Engineer and no notice has been
received from the District Engineer, an d 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.
3/30/92 1
-2-
Use of NW? 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. REQUEST TO DEM•FOR NATIONWIDE PERMIT•SECTION 401 GENERAL CERTIFICATION
CONCURRENCE gR.INDIVIDUAL SECTION.401 CERTIFICATION..
Certain nationwide per-mite were denied general 401 certification by the State
of North Carolina and, thus, require individual Section 401 water quality
certifications. They are•NWP 17, NWP 21, and NWP 34.
Certain nationwide permits have general•t:artifications, but require
concurrence from the N.C. Division of Environmental Management that the
general certification appliep to a,proposed action. They are.NWP 6, NWP 7,
NvP•12, vWP 13, NW? 14, NWP 15, NWP 16, NWP'18, NWP 26 (if greater than 1/3
acre total impact), NW? 33, NWP 38, and NWP 40. NWP 23 requires only that the
applicant notify DEM.
C. APPLICATION PROCEDURES.
The attached form should be tised to obtain approval from the Corps of
Engineers and/or the N.C. Division of?Environmental Management as specified
above. The applicant should make surd? that all necessary information is
provided in order to avoid delays. One copy of the application is required by
the Corps of Engineers and seven copies are required by-DEM. -Plans 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 SFRVICE NATIONAL MARINE FISHERIES SERVICE
rZALEIufi FIELD OFFICE HABITAT CONSERVATION DIVISION
P.O. BOX 33726 FIVERS ISLAND
RALEIGH, NC 27636-3726 BEAUFORT,.NC 28516 !
Telephone [phone] Telephone [phone]
Historic resources requirement: For Corps of•Engirieere'notifications only, '
applicants must notify the State Historic Preservation office regarding the
presence of historic properties that may be affected by-t'he'proposed project..
STATE HISTORIC PRESERVATION OFFICE
N.C. DIVISION OF ARCHIVES AND HISTORY
109 EAST JONES STREET
RALEIGH, NC 27601
[phone]
Information obtained from there agencies should be forwarded to the Corps.

WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. BOX 1890
WILMINGTON, NC 28402-1890
ATTN: CESAW-CO-E
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. CEASE PRINT1.-
1 . OWNERS NAME : _ a-s - -Tnd I) C 1y I 'CAS Z y?
c-
2. OWNERS ADDRESS: 3. OWNERS P HONE . NUMBER (HOME): ----,F-L- (WORK ), s, ) 9 22 3 - 4.1-7 (o
4. IF APPLICABLE: AG NT'S NAME OR RESPONSI?? CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
S. LOCATION OF PLANNED WORK (ATTACH MAP). COUNTY : f ' A
NEAREST TOWN OR CITY: -N oci
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):_ lam
K C,S2 11!1:0
DEM ID:
NATIONWIDE PERMIT
NATIONWIDE PERMITS
NATIONWIDE PERMITS
NATIONWIDE PERMITS
_ ACTION 10:
APPLIED FOR (PROVIDE NATIONWIDE PERMIT if):
JOINT APPLICATION FORK FOR
THAT REQUIRE NOTIFICATION TO CORPS OF EliOINEERS
THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
WATER QUALITY'PLANNING
DIVISION OF*ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. BOX 29535
RALEIGH, NC 27626-0535
ATTN: kR. JOHN'DORNEY
Telephone [phone]

6. NAME of CLOSEST STREAM/RIVER: 8I oj?e r
7. RIVER BASIN: Ile, na L
8. IS THIS PROJECT LOCATED.IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,,
WS I, OR WS II? YES ( ) NO (?]
9. HAVE ANY SECTION 404 PERX7TS BEEN,PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES r\/i NO ( )
IF YES, EXPLAIN. Pity -xplt .tz-n
10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING
WETLANDS, LOCATED ON PROJECT SITE: 0LC4,L .
3/30/92 'i

-z-
11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY
THE PROPOSED PROJECT:
FILLED: ?.3 G-? C-jz-?
DRAINED:
FLOODED:
EXCAVATED:
TOTAL IMPACTED: Z . 31 [1 c lz A ,5_
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS) : C('NS? 1rCa
Aino )
13. PURPOSE OF PROPOSED WORK: ?1 L _L 1S O (??'? ?Q`1J?p 5 r?
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TWN• „T.O,'.,Mj,NT"tI ZE WETLAND
IMPACTS. I-1LL LjAS QM- OCAM Q e:IC?AAti ?LM )LL'r,1 J_1V
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 ?O - 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 .T_N THE PERMIT AREA WHICH
MAY BE AFFECTED BY THE PROPOSED PROJECT?
HAVE YOU DONE S07 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 PERFORJOD BY A 'CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
D. IF A STORMWATER MANAGEMENT PL"N IS REQUIRED'FOR THIS PROJECT, ATTACH
COPY.
E. WHAT IS LAND USE OF SURROUNDING PROPERTY?
' I
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
--Tb w tJ o F-. 1\4 6), ?
c,? yQ , ? I I ?-
-S SIGNATURE DAT
AGE,. ,