19880250 Ver 1_COMPLETE FILE_19880101

04?.,
State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor R. Paul Wilms
S. Thomas Rhodes, Secretary Director
December 29, 1988
Mr. Donald D. Smith, P.E.
W.K. Dickson & Company, Inc.
228 E. Park Avenue
Charlotte, NC 28203
Subject: Proposed Fill in
Headwaters or Isolated
Wetlands and Shoreline
Stabilization
Hudson Boulevard
Extension - Phase I
Gaston County
Dear Mr. Smith:
Upon review of your request for Water Quality
Certification to place fill material in a tributary to
Catawba Creek, we have determined that the proposed fill can
be covered by General Water Quality Certifications No. 2176
issued November 4, 1987 and No. 1664 issued September 8,
1983. Copies of the General Certifications are attached.
These Certifications may be used in qualifying for coverage
under Corps of Engineers' Nationwide Permits No. 26 and No.
13.
If you have any questions, please contact li-Mi1.ls at
919/733-5083.
Sincerely,
C
R. .Paul Wilms
RPW/dkb
Attachment
cc: Wilmington District Corps of Engineers
Mooresville Region ?6;Uti X c..?i"- Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
W. K.
D I C KS O N ENGINE,
PLANNERS
CONINC. SURVEYORS
228 E. PARK AVE.
CHARLOTTE, NC 28203
704.334.5348
December 23, 1988
Mr. William C. Mills, P.E. R E C E i V
North Carolina Department of Natural
Resources and Community Development
Environmental Management, Water Quality DEC 2 81968
512 North Salisbury Street
Raleigh, North Carolina 27611-7687 WATER QUALITY SECTION
Re: Hudson Boulevard - Phase I
Gastonia, North Carolina
WKD #8837.01 A
Dear Mr. Mills:
W. K. Dickson & Company, Inc. has been retained by TSP
Corporation of Chattanooga, Tennessee, to prepare contract
documents for the construction of Phase I of Hudson Boulevard.
As part of our design, we have called for approximately 210
linear feet of creek bank stabilization to be installed in the
north bank of Tributary C-9 of Catawba Creek. These improvements
are permitted under the U.S. Army Corps of Engineers Nationwide
Permits Nos. 13 and 26. (See attached letter.)
As a condition to the Nationwide permit, an individual State
water quality certification must be obtained or waived. Please
review the enclosed information listed below and advise me on
what we need to do to obtain or have the water quality
certification waived.
The following items are enclosed:
1. Flood study plan and cross sections (Sheets 1 and 2).
2. Letter of approval from U.S. Army Corps of Engineers
dated December 9, 1988.
Mr. William C. Mills, P.E.
Page 2
December 23, 1988
If you need any additional information, please do not
hesitate to call me. We appreciate your assistance in this
matter.
Sincerely,
W. K. DICKSON & COMPANY, INC.
Donald D. Smith, P.E.
Associate
DDS/mg
Enclosures
cc: Mr. Gary McDowell - TSP Corporation

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 284021890
IN REPLY REFER TO December 9, 1988
Regulatory Branch
SUBJECT: Nationwide Permits Nos. 13 and 26
W.K. Dickinson & Company,
Attention: Mr. Donald D.
228 East Park Avenue
Charlotte, North Carolina
Dear Mr. Smith:
Inc.
Smith, P.E.
28203
Thank you for your inquiry of November 28, 1988, regarding
your plans to stabilize approximately 210 linear feet of shoreline
and fill a 2,000 square foot wetland area adjacent to tributary C9
to Catawba Creek in conjunction with Phase I of the Hudson
Boulevard extension in Gastonia, Gaston County, North Carolina.
For the purposes.of the Corps of Engineers' Regulatory
Program, Title 33, Code of Federal Regulations (CFR), Part 330,
published in the Federal Register on November 13, 1986, lists
nationwide permits. Authorization was provided for bank
stabilization activities provided:
(1) The activity is less than 500 feet in length.
(2) The activity is necessary to prevent erosion.
(3) the activity is limited to less than an average of one
cubic yard.of material per running foot placed along the bank
within waters of the United States.
(4) No material is placed in excess of the minimum needed
for erosion protection.
(5) No material is placed in any wetland area.
(6). No material is placed in any location or in any manner
so as to impair surface water flow into or out of any wetland
area.

.i

-2-
(7) Only clean material free of wa:>te metal products,
organic materials, unsightly debris, etc., is used.
(8) The activity is a single and complete project.
Authorization was provided for discharges of dredged or fill
material into non-tidal rivers, streams, and their lakes and
impoundments, including adjacent wetlands, that are located above
the headwaters and other non-tidal waters of the United States,
including adjacent wetlands, that are not a part of a surface
tributary system to interstate waters or navigable waters of the
United States.
Your work is authorized by nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions.
Please be aware that this authorization does not relieve you of
the responsibility to obtain any required State or local approval.
If you have questions, please contact Mr. David Baker,
Asheville Regulatory Branch, telephone [phone].
Sincerely,
vv
Charles W. Hollis
Chief,.Regulatory Branch
Enclosure

Q-
CONDITIONS
a. Any discharge of dredged or fill material will not occur in the
proximity of a public water supply.
b. The activity will not jeopardize a threatened or endangered species as
identified under the Endangered Species Act, or destroy or adversely r_,odify
the cultural habitat of such species.
c. The activity will 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).
d. Any discharge of dredged or fill material will consist of suitable
material free from toxic pollutants.
e. Any structure or fill will be properly maintained.
f. If the activity may adversely affect historic properties which the
National Park Service has listed on, or determined eligible for listing on,
the National Register of Historic Places, or if significant historic
properties are encountered before or during work, the permittee will notify
the District Engineer.
--= g. An individual State water quality certification must be obtained o_r_ ?-
waived. Conditions of certification will be considered to be special
conditions of the Federal nationwide permit.`
h. The following management practices will be followed to the maxi-num
practical extent:
(1) Discharges of dredged or fill material into waters of the United
States will be avoided or minimized through the use of other practical
alternatives.
(2) Discharges in spawning areas during spanning seasons will be
avoided.
(3) Discharges will not restrict or impede the movement of aquatic
species indigenous to the waters or the passage of nornal or expected high
flows or cause the relocation of the waters (unless the primary purpose of the
fill is to impound water).
(4) If the discharge creates an impoundment of water, adverse impacts
on the aquatic system caused by the accelerated passage of water and/or the
restriction of its flow will be minimized.
(5) Discharge in wetland areas will be avoided.
'1r
(8) All temporary fills will be removed in their entirety.

-2-
(6) Heavy equipment working in wetlands will be placed on mats.
(7) Discharges into breeding areas for migratory waterfowl will be
avoided.
y
s
State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor November 21, 1988 R. Paul Wilms
S. Thomas Rhodes, Secretary Director
Mr. G. Stuart Matthis, II, P.E.
Project Manager
Ralph Whitehead & Associates
P.O. Box 35624
Charlotte, NC 28235
Subject: Proposed Fill Activity
Hudson Boulevard Extension
Gastonia, Gaston County
Dear Mr. Matthis:
. Upon review of your request for Water Quality
Certification to place fill material into waters and
adjacent wetlands of Catawba Creek and Scotch Drive Creek,
we have determined that the proposed fill activities can be
covered under General Water Quality Certifications Nos.
1665, 2176, and 2177 which cover bridge construction, fill
in headwaters, and minor road crossings, respectively. A
copy of each Certification is attached. These
Certifications may be used in qualifying for coverage under
Corps of Engineers' General Permit No. SAWCO82-N-00-0031 and
Nationwide Permits Nos. 14 and 26.
If you have any questions, please contact Bill Mills at
919/733-7015.
Sincerely,
l
. Paul Wilms
RPW/dbp
Attachments
cc: Wilmington District Corps of Engineers
Mooresville Regional Office
Pollution Prevention PaYs
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
4L
?. $[ATT
State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Govemor R. Paul Wilms
S. Thomas Rhodes, Secretary Director
November 21, 1988 ,
Mr. Don Griffin
USDA - Soil Conservation Service
109B N. Ward Street
Cary, NC 27511
Dear Mr. Griffin:
Subject: Proposed Bank Stabilization
Camp Penn
Rockingham County
The proposed bank stabilization project with rip-rap as
discussed on November 18, 1988 with me should be covered
under General Certification No. 1663. This Certification
should be used in obtaining coverage under Nationwide Permit
Nd. 13 by the Corps of Engineers.
Sincerely,
William C. Mills
Environmental Engineer
WCM/dbp
Attachment
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
r
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October 19, 1988
RALPH WHITEHEAD & ASSOCIATES
Consulting Engineers -Charlotte Atlanta Richmond Raleigh
616 Colonnade Drive
Post Office Box 35624
Charlotte, North.Carolina 28235
704 372-1885
Mr. William Mills
NC Division of Environmental Management
Water Quality Division
P. 0. Box 27687
Raleigh, NC 27611
SUBJECT: Hudson Boulevard Extension
Gastonia, North Carolina
401 WATER QUALITY CERTIFICATION
Dear Mr. Mills:
Ralph L. Whitehead, P.E.
H. McDonald Jr., P.E.
Albert C. Smith, P.E.
Derryl O. Willis, P.E.
Frederick R. Jetter, Ph.D., P.E.
R FC
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G r v F:l Iv(l?
OVAT;-p
Our firm has been retained by the City of Gastonia to provide consulting
engineering services for the subject project, which includes the following:
a. Approximately 3,000 linear feet of two-lane roadway/embankment.
b. A three-span bridge over Catawba Creek.
c. A multi-barrel box culvert on Scotch Drive Creek.
d. Minor channel improvements to Catawba Creek to enhance the
hydrological characteristics of the creek during flooding.
As we discussed in our telephone conversation of this date, we are
requesting that the activities described above be covered under the General
Water Quality Certification Program. To facilitate your review, we have
enclosed herewith, a project location map and a site plan (1"=200' scale)
which illustrates the extent of these activities.
If you have any questions or need additional information, please let us
know. We appreciate your cooperation in working with us on this project.
Sincerely,
RALPH WHITEHEAD & ASSOCIATES
,q- J"J G. Stuart Matthis, II, P.E.
Project Manager
GSM/lk
Enclosures
cc: Mr. Cliff Winefordner, US Army Corps of Engineers; Attn: Mr. Hugh Heine
Mr. J. Philip Bombardier, P. E., City of Gastonia
M
DEPARTMENT OF THE ARMY
FLOODWAY PERMIT APPLICATION
HUDSON BOULEVARD EXTENSION
Gastonia, North Carolina

1` + s
4
November 11, 1988
RALPH WHITEHEAD & ASSOCIATES
Consulting Engineers -Charlotte Atlanta Richmond Raleigh
616 Colonnade Drive
Post Office Box 35624
Charlotte, North Carolina 28235
704 372-1885
Ralph L. Whitehead, P.E.
H. McDonald Jr., P.E.
Albert C. Smith, P.E.
Derryl O. Willis, P.E.
Frederick R. Jetter, Ph.D., P.E.
Mr. Clifford Winefordner
US Army Corps of Engineers
Willmington District, Regulatory Branch
P. 0. Box 1890
Wilmington, NC 28402-1890
SUBJECT: Hudson Boulevard Extension
Gastonia, North Carolina
Dear Mr. Winefordner: Attn: Mr. Hugh Heine
Our consulting engineering firm has been retained by the City of Gastonia to
provide consulting engineering services for the proposed Hudson Boulevard
Extension in Gastonia, North Carolina. Our scope of work involves plan
preparation for 3,000 feet of roadway, a three-span bridge across Catawba
Creek, and a box culvert on a side tributary.
Based upon our meeting with Mr. Heine at the project site on September 21,
1988, and your subsequent transmittal dated September 28, 1988, we request
coverage under the "NC DOT General Roads Permit" for the proposed bridge
construction since the impacted wetland area is less than one acre, and we
request coverage under Nationwide Permit 26 for the proposed culvert.
In accordance with Section 404 of the Clean Water Act, and as stipulated by
the special conditions of your general permit No. SAWCO82-N-000-0031, we are
providing the following:
Item 1 (a). 1: Location Map - see Section 1

Item 1 (a). 2: Plan Drawings - see Section 1

Item 1 (a). 3: Description of Wetlands - see Section 2

Item 1 (a). 4: Construction Dates - see Section 2

Item 1 (a). 5: Temporary Fills - not applicable

Item 1 (a) . 6: Property Owners - see Section 3

A
Mr. Clifford Winefordner.
November 10, 1988
Page 2
Our office has previously contacted Mr. Bill Mills at the North Carolina
Division of Environmental Management, Water Quality Division, requesting a
401 Water Quality Certification by their division (see attached letter).
Please review this information and let us know if we may be of further
assistance. We appreciate your cooperation in working with us on this
project.
Sincerely,
RALPH WHITEHEAD & ASSOCIATES
G. Stuart Matthis, II, P.E.
Project Manager
GSM/lk
Enclosures
cc: Mr. William Mills, NC DEM, Water Quality Division
Mr. J. Philip Bombardier, P. E., City of Gastonia

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SECTION 2
(Description of Wetlands, Construction
Dates, Fill Quantities) .

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.--

SECTION 2
Discussion of Affected Wetlands. The wetlands for this project have been
defined as the 100-year floodplain, as shown in Figures 2 and 4 of Section
1. The limits of the 100-year floodplain (i.e., wetlands) was determined by
the FEMA, Atlanta Division, and verified by representatives of Ralph
Whitehead & Associates utilizing the Corps of Engineer HEC-2 computer
program to model the storm flow, both before and after the construction of
Hudson Boulevard Extension. By improving the creek channel, we have
demonstrated by HEC-2 analysis that the floodplain will not be expanded by
the proposed roadway embankment and structures.
At this location, the wetlands are predominately open grassed areas (60
percent); the remaining 40 percent of the wetland area is lightly to heavily
wooded, with the predominant species being sweetgum, oak, maple, and
sycamore. The topsoil depth varies from 3 to 4 inches, beneath which is an
alluvial soil stratum consisting primarily of clayey or sandy silts with
some rock fragments.
The portion of the wetlands which will be affected by the roadway fill is
primarily open grassed areas bordering a residential development. The
dimensions and quantities for proposed fill material are as follows:
QUANTITY OF FILL MATERIAL = 9,500 CUBIC YARDS
AREA DISTURBED BY FILL MATERIAL = 33,000 SQ. FT. (0.76 ACRES)
Anticipated Commencement and Completion Dates. The scheduled letting date
for this project is April, 1989. Construction is anticipated to begin in
May, 1989, and be completed by May, 1990.

I W
SECTION 3
(Property Owners)
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Ctu of (Sastanin
P. O. BOX 1748
03astania, Yort4 Carolina 28053-1748
DEPARTMENT OF
PUBLIC WORKS AND UTILITIES
November 7, 1988
Mr. Stuart Matthis
Ralph Whitehead & Associates
616 Colonnade Drive
Charlotte, NC 28235
RECEIVE-D
NU,v 1 0 i98Q
RALPH l"rHlTtii Y.? & ATES
CONSULTING EN^INEERS
-C-4M 017E, N., C.
SUBJECT: Property Owners for Hudson Blvd.
Dear Stuart:
As discussed, I have included the names and addresses of the people in the
vicinity of the flood zone. I have also included a location map, highlighted
to show the affected properties.
If you need any more information, please call me at [phone].
Sincerely,
ED EDENS
Civil Engineer II
EE/sbm
pc: Don Carmichael, Asst. Director of Pbulic 4lords/Cit°y Engineer
Philip Bombardier, Civil Engineer III
Enclosures
HUDSON BLVD. PROPERTY OWNERS
R01-064-003 RO1-064-051
Dillon, Thomas E. Sr. Davis, Furman E.
1703 Fern Forest Drive 1801 Fern Forest Drive
Gastonia, NC 28052 Gastonia, NC 28054
R01-064-069 RO1-064A-082
Alexander, Jerry R. Cloud, Tyron D.
1711 Fern Forest Drive 1809 Fern Forest Drive
Gastonia, NC 28052 Gastonia, NC 28054
R01-064-070 RO1-064A-081
Smith, Juan Denoirse Albergine, Nancy R.
1719 Fern Forest Drive 1817 Fern Forest Drive
Gastonia, NC 28054 Gastonia, NC 28052
R01-064-071 RO1-064A-080
Reid, Basilius A. Gore, Luther W.
1727 Fern Forest Drive 1825 Fern Forest Drive
Gastonia, NC 28054 Gastonia, NC 28052
R01-064-072 RO1-064A-079
Merriner, Gary E. McQuitter, Richard Earl
1735 Fern Forest Drive 1901 Fern Forest Drive
Gastonia, NC 28054 Gastonia, NC 28054
R01-064-073 RO1-064A-078
Walls, Michael Scott Smith, Thomas 0. Jr.
1743 Fern Forest Drive 1001 Buckingham Avenue
Gastonia, NC 28054 Gastonia, NC 28054
R01-064-074 RO1-064A-077
Adams, Henry Jr. Patel, H. G.
1749 Fern Forest Drive 1009 Buckingham Avenue
Gastonia, NC 28052 Gastonia, NC 28052
Rol-064-075 RO1-064A-076
Costner, Charles W. Jr. Fernandez, E. Anthony
1755 Fern Forest Drive 2110 Flint Lane
Gastonia, NC 28052 Gastonia, NC 28052
R01-064-076 RO1-064A-075
Malone, Carl E. Kord, Michael
1761 Fern Forest Drive 1025 Buckingham Avenue
Gastonia, NC 28054 Gastonia, NC 28054
R01-064-077 RO1-064A-074
Bovard, James W. Kos, Thomas L.
1767 Fern Forest Drive 1033 Buckingham Avenue
Gastonia, NC 28054 Gastonia, NC 28054
RO1-064-049 RO1-064A-073
Zimmerman, Franklin R. Phillips, Gary A. L.
1775 Fern Forest Drive 1041 Buckingham Avenue
Gastonia, NC 28054 Gastonia, NC 28052
R01-064-050 RO1-064A-072
Reid, Boyd Campbell, Yates W.
1779 Fern Forest Drive 1049 Buckingham Avenue
Gastonia, NC 28052 Gastonia, NC 28054
Hudson Blvd.*Propetty Owners (cont'd)
R01-064A-024
Summers, Lena E. Heirs
% Paul E. Summers Jr.
1377 Buckingham Avenue
Gastonia, NC 28052
R01-064A-023
Rice, Ruth M
1383 Buckingham Avenue
Gastonia, NC 28054
R01-064A-022
Harvell, Gary M.
1389 Buckingham Avenue
Gastonia, NC 28054
R01-064A-021
Robertson, John C.
1403 Buckingham Avenue
Gastonia, NC 28054
R01-064A-020
Hanna, Charles W.
1409 Buckingham Avenue
Gastonia, NC 28054
R01-064A-019
Robinson, James L.
1415 Buckingham Avenue
Gastonia, NC 28054
R01-064A-018
Meerincx, James J.
1421 Buckingham Avenue
Gastonia, NC 28054
R01-064A-017
Lloyd, Billie Y.
1427 Buckingham Avenue
Gastonia, NC 28054
RO1-064A-016
Laird, Leonard E.
1433 Buckingham Avenue
Gastonia, NC 28054
RO1-064A-015
Panes, Ruby A.
1439 Buckingham Avenue
Gastonia, NC 28052
R01-064A-014
Lathan, Andrew C.
1445 Buckingham Avenue
Gastonia, NC 28054
RO1-064A-013
Mitchell, Eleene B.
1503 Buckingham Avenue
Gastonia, NC 28054
R01-064A-012
of Godfrey, Oscar R.
1511 Buckingham Avenue
Gastonia, NC 28054

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MISCELLANEOUS
n
:ar
October 19, 1988
RALPH WHITEHEAD & ASSOCIATES
Consulting Engineers • Charlotte Atlanta Richmond Raleigh
616 Colonnade Drive
Post Office Box 35624
Charlotte, North Carolina 28235
704 372.1885
Ralph L. Whitehead, P.E.
H. McDonald Jr., P.E.
Albert C. Smith, P.E.
Derryl O. Willis, P.E.
Frederick R. Jetter, Ph.D., P.E.
Mr. William Mills
NC Division of Environmental Management
Water Quality Division
P. 0. Box 27687
Raleigh, NC 27611
SUBJECT: Hudson Boulevard Extension
Gastonia, North Carolina
401 WATER QUALITY CERTIFICATION
Dear Mr. Mills:
Our firm has been retained by the City of Gastonia to provide consulting
engineering services for the subject project, which includes the following:
a. Approximately 3,000 linear feet of two-lane roadway/embankment.
b. A three-span bridge over Catawba Creek.
c. A multi-barrel box culvert on Scotch Drive Creek.
d. Minor channel improvements to Catawba Creek to enhance the
hydrological characteristics of the creek during flooding.
As we discussed in our telephone conversation of this date, we are
requesting that the activities described above be covered under the General
Water Quality Certification Program. To facilitate your review, we have
enclosed herewith, a project location map and a site plan (1"-200' scale)
which illustrates the extent of these activities.
If you have any questions or need additional information, please let us
know. We appreciate your cooperation in working with us on this project.
Sincerely,
RALPH WHITEHEAD & ASSOCIATES
G. Stuart Matthis, II, P.E.
Project Manager
GSM/lk
Enclosures
cc: Mr. Cliff Winefordner, US Army Corps of Engineers; Attn: Mr. Hugh Heine
Mr. J. Philip Bombardier, P. E., City of Gastonia
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
IN REPLY REFER TO September 28, 1988
Regulatory Branch
Mr. Willis S. White III, P.E.
Ralph Whitehead & Associates
Post Office Box 35624
Charlotte, North Carolina 28235-5624
Dear Mr. White:
RECEIVED
SEP 30 19880
RALPH WHITEHEAD & ASSOCIATES
CONSULTING ENGINEERS
CHARLOTTE, N. C.
On September 21, 1988, you met with Mr. Hugh Heine of my staff
regarding your client's plans to construct a bridge and causeway,
and to channelize a portion of Catawba Creek in Gastonia, Gaston
County, North Carolina.
As indicated during this meeting, before any fill material is
placed in any waters or wetlands of Catawba Creek or its
tributaries, the required Department of the Army permit must be
obtained. Before we can determine whether all or part of this
project can be authorized by general or nationwide permits, please
provide this office with the material requested at the onsite
meeting. Enclosed is a copy of general permit No. SAWC082-N-000-
0031, for your information.
Questions or comments should be addressed to Mr. Heine at
telephone [phone].
Sincerely,
tarW. Hol s
ief, Regulatory Branch
Enclosure

S?*
Application No.: SAWC082-N-000-0031
Name of Applicant: General Public
Effective Date: January 1, 1987
Expiration Date: December 31, 1991
DEPARTMENT OF THE ARMY
GENERAL PERMIT
A general permit, issued September 1, 1982, to perform work in or
affecting navigable waters and waters of the United States upon
the recommendation of the Chief of Engineers, pursuant to Section
10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403)
and to Section 404 of the Clean Water Act (33 U.S.C. 1344), is
hereby renewed and modified by authority of the Secretary of the
Army by the
District Engineer
U.S. Army Engineer District, Wilmington
Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
TO AUTHORIZE THE PLACEMENT OF FILL MATERIAL ASSOCIATED WITH THE
CONSTRUCTION, REPAIR OR REPLACEMENT OF BRIDGES SPANNING NAVIGABLE
WATERS AND WATERS OF THE UNITED STATES, INCLUDING COFFERDAMS,
ABUTMENTS, FOUNDATION SEALS, PIERS, TEMPORARY CONSTRUCTION AND
ACCESS FILLS; APPROACH FILLS; DETOUR FILLS AND BOX CULVERT
INSTALLATION, IN THE STATE OF NORTH CAROLINA, AS A PART OF WORK
CONDUCTED BY OR IN FULL COMPLIANCE WITH THE STANDARDS AND
SPECIFICATIONS OF THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION.
1. Special Conditions.
a. Written confirmation that the proposed work complies with
this general permit must be received from the Wilmington District
Engineer prior to the commencement of an work. To enable this
determination to be made, the North Carolina Department of
Transportation, or the project's sponsor, must furnish the
Wilmington District Corps of Engineers the following information:
(1) A map indicating the location of the work.
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(2) Plans of the proposed work (on 8-1/2-inch by 11-inch
paper), showing all pertinent structures, elevations, dimensions
and quantities of materials and locations of all structures and/or
fill in wetlands or waterward of normal/high water elevations.
(3) A brief discussion of the affected wetlands, to
include types of vegetation present.
(4) Approximate commencement and completion dates.
(5) Plans, including timetables and techniques, for
construction, stabilization and removal of all temporary fills.
(6) Names and addresses of adjoining property owners*
b. In the case of fills of 1 acre or less in total area,
including permanent approach fills, detour fills and fill
associated with box culvert installation, the Corps' Area
Coordinator will determine, after appropriate onsite visits and
review of plans, if the impact on wetlands is likely to be such as
to require review by Federal and State agencies. If it is
determined that impacts are minimal or can be made minimal by
changes agreed to by the applicant, a letter of authorization to
proceed will be provided. If it is determined that review by
Federal and State agencies is necessary to fully evaluate impacts,
copies of all plans and materials will be forwarded to the U.S.
Fish and Wildlife Service, the National Marine Fisheries Service,
the U.S. Environmental Protection Agency and the North Carolina
Department of Natural Resources and Community Development. These
agencies will furnish comments to the District Engineer within 30
days.
c. In cases of. fills greater than 1 acre in total area,
copies of all plans and materials will be forwarded to the U.S.
Fish and Wildlife Service, the National Marine Fisheries Service,
the U.S. Environmental Protection Agency and the North Carolina
Department of Natural Resources and Community Development. These
agencies will furnish comments to the District Engineer within 30
days. In cases of land distrubing activities comprising more than
1 acre, a Sedimentation/Erosion Control Plan will be filed with
the Division of Land Resources, Land Quality Section, North
Carolina Department of Natural Resources and Community Development
30 days prior to commencing work.
. d. In the event that any one of the three Federal agencies
maintains an objection or that any required-State authorizations
are outstanding, no notice to proceed will be given until
objections are resolved, State authorizations are issued and/or an
individual permit process is completed pursuant to 33 CFR 325.

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e. No work will proceed until after the applicant has
received, from the District Engineer, written notice to proceed.
This notice may include appropriate conditions and/or
restrictions. Such conditions or restrictions will be enforceable
in accordance with normal enforcement procedures and authorities.
Copies of the notice to proceed will be furnished to the U.S. Fish
and Wildlife Service, the National Marine Fisheries Service, the
U.S. Environmental Protection Agency and the North Carolina
Department of Natural Resources and Community Development with a
brief description of the work, including the area of wetlands
affected and the quantity of fill material.
f. Upon completion of any work authorized by this general
permit, all temporary fills will be completely removed and pre-
existing land contours restored. Restored areas will be sprigged
with appropriate wetland species.
g. All fills, temporary and permanent, must be stabilized to
prevent erosion of fill material into adjacent waters or wetlands.
h. Activities in all designated trout waters must comply with
all pH, temperature and turbidity criteria established for such
waters by the North Carolina Wildlife Resources Commission and/or
the North Carolina Department of Environmental Management.
i. In cases where new, permanent fill is to be established
and an older fill (approaches, causeways, etc.) is no longer to be
maintained as a roadway, the older fill will be removed to the
elevation of adjacent wetlands and the area will be sprigged with
appropriate wetland species.
h. If an easement to cross a State bottom is required by the
North Carolina Department of Administration, State Property
Office, such an easement will be obtained prior to proceeding with
the work authorized by this general permit.
2. General Conditions.
a. All activities authorized by this general permit that will
involve the placement of dredged or fill material into waters of
the United States shall be consistent with applicable water
quality standards,.effluent limitations, and standards of
performance, prohibitions, pretreatment standards, and management
practices established pursuant to the Clean Water Act (33 U. S. C.
1413), and pursuant to applicable State and local law. To assure

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preservation of water quality, before any work is authorized by'
this general permit, an applicant, if required to do so, must
apply for and obtain a Water Quality Certification from the North
Carolina Division of Environmental Managment in accordance with
Section 401 of the Clean Water Act.
b. There will be no unreasonable interference with navigation
or the right of the public to riparian access by the existence or
use of the activities authorized by this general permit.
c. A permittee, upon receipt of written notice from the
Wilmington District Engineer of failure to comply with the terms
and conditions of this general permit, shall, within 60 days,
without expense to the U.S. Government, and in such manner as the
Wilmington District Engineer may direct, effect compliance with
the terms and conditions or return the worksite to a pre-work
condition.
d. The permittee must make every reasonable effort to perform
the work authorized herein in a manner so as to minimize any
adverse impact on fish, wildlife and natural environmental values.
e. The permittee must perform the work authorized herein in a
manner so as to minimize any degradation of water quality. The
activity will be conducted in such a manner as to prevent a
significant increase in turbidity outside the area of construction
or construction-related discharge. Increases such that the
turbidity in the waterbody is SO NTU's or less are not considered
significant.
f. The permittee shall permit the Wilmington District
Engineer or his representative to make periodic inspections at any
time deemed necessary in order to assure that the activity is
being performed in strict accordance with the Special and General
Conditions of this general permit.
g. This general permit does not convey any rights, either in
real estate or material, or any exclusive privileges; and it does
not authorize any injury to property or invasion'of rights or any
infringement of Federal, State, or local laws or.regulations, nor
does it obviate the requirement to obtain State or local assent
required by law for the activity authorized herein.
h. Authorization provided by this general permit may be
either modified, suspended, or revoked in whole or in part if- the
Wilmington District Engineer, acting on behalf of the Secretary of
the Army, determines that such action would be in the best public

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interest. Unless subject to modification, suspension, or
revocation, the term of this general permit shall be five years.
Any modification, suspension, or revocation of authorization shall
not be the basis for any claim for damages against the U.S.
Government.
1. This general permit does not authorize the interference
with any existing or proposed Federal project and the permittee
shall not be entitled to compensation for damages or injury to the
structures or work authorized herein which may be caused by or
result from existing or future operations undertaken by the United
States in the public interest.
J. This general permit will not be applicable to proposed
construction when the Wilmington District Engineer believes that
authorization may be warrented but that the proposed activity
would significantly affect the quality of the human environment,
and determines that an Environmental Impact Statement (EIS) must
be prepared.
k. This general permit will not be applicable to proposed
construction when the Wilmington District Engineer determines,
after any necessary investigations, that the proposed activity
would adversely affect areas which possess historic, cultural,
scenic, conservation, or recreational values. Application of this
exemption applies to:
(1) Rivers named in Section 3 of the Wild and Scenic
Rivers Act (15 U.S.C. 1273), those proposed for inclusion as
provided by Sections 4 and 5 of the Act, and wild, scenic, and
recreational rivers established by State and local entities.
(2) Historic, cultural, or archeological sites listed in
or eligible for inclusion in the National Register of Historic
Places as defined in the National Historic Preservation Act of
1966 and its codified regulations and in the National Historic
Preservation Amendment Act of 1980.
(3) Sites included in or determined eligible for listing
in the National Registry of Natural Landmarks.
(4) Endangered of threatened species or habitat of such
species as determined by the Secretaries of Interior or Commerce
and conserved in accordance with the Endangered Specieis Act (16
U.S.C. 1531).
i .
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i
1. At his discretion, at any time during the processing
cycle, the Wilmington District Engineer may determine that this
general permit will not be appliable to a specific construction
proposal. In such case, the procedure for processing an
.individual permit in accordance with 33 CFR 325 will be available.
BY AUTHORITY OF THE SECRETARY OF THE ARMY: .
W. WOODBURY
Co onel, Corps of Engineers
District Engineer

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State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor R. Paul Wilms
S. Thomas Rhodes, Secretary November 18, 1988 Director
Mr. David Simpson
David Simpson Construction Company
Route 65, Box 384
Arapahoe, NC 28510
Subject: Proposed Fill in
Headwaters or Isolated
Wetlands
Dean Cassidy-Sea Vista
Subdivision
Pamlico County
Dear Mr. Simpson:
Upon review of your request for Water Quality
Certification to place fill material in a wetland area
adjacent to a canal tributary to Whitaker Creek, 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 for coverage
under Corps of Engineers' Nationwide Permit No. 26.
If you have any questions, please contact Bill Mills at
919/733-5083.
Sincerely,
. Paul Wilms
RPW/dkb
Attachment
cc: Wilmington District Corps of Engineers
Washington Regional Office
Pollution Prevention PaYs
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunin. Affirmative Action Employer
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DAVID SIMPSON CONSTRUCTION COMPANY
ROUTE 65, BOX 384
ARAPAHOE, NORTH CAROLINA 28510
PHONE COMMERCIAL - RESIDENTIAL - MARINE N.C. License
[phone] 8997
September 22, 1988
Mr. William Mills
Water Quality Section
NC Dept. of Natural Resources and Community Development
P 0 Box 27687
Raleigh, NC 27611
Dear Mr. Mills:
This letter is in regards to the September 14, 1988 letter that the
Wilmington Corps of Engineers wrote to Dean Cassidy of Oriental, NC.
The dredge work that Mr. Cassidy requested has been authorized, however,
one condition being that a water quality certification, or waiver, be
obtained.
Per your request, I am enclosing a map of the proposed dredging area;
the spoil site has been designated also.
Please review the attached map, and advise me of any other other in-
formation you may need so that a water certification, or waiver, can
be obtained.
Sincerely,
Doa?
David Simpson
DAVID SIMPSON CONSTRUCTION COMPANY
attachment
ADJACENT RIPARIAN PROPERTY OWNED STATEMENT
I hereby certify that I own property adjacent to Dean Cassidy
property located at lot 51, Windward Drive off of South
(lot, Block, Road, etc) (water)
Whitaker Creed in Oriental NC. He has
(Body) (Town and/or County)
described to me as shown below the development he is proposing at that
location and I have no objections to his proposal. I understand that a
pier must be set back a minimum distance of 15 feet from my area of
riparian access unless waived by me. I do/do not wish to waive that
circle one
setback requirement.
Description and/or drawing of proposed development: (to be filled in
by individual proposing development)
DREDGE A CHANNEL 5.5 ' TO 7.0' DEEP AND 25' WIDE ALONG THE CENTERLINE
OF THE CANAL. THE SPOIL FROM THE DREDGING WILL BE DEPOSITED ON BILL
LAHL' S PROPERTY, LOTS 48 and 49
50 51 Sz,
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PA
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NORTH CAROLINA
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DAVID SIMPSON CONSTRUCTION COMPANY
Licensed General Contractor
Licensed Marine Contractor
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Y New Homes Docks Commercial Bulkheads
Rt. 2, BOX 384 J
)c \l s Arapahoe, N.C. 28510
Lic. No. 8997 Telephone Nites & Weekends [phone]
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IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
September 14, 1988
SUBJECT: Nationwide Permit No. 26
Mr. Dean Cassidy
Post Office Box 798
Oriental, North Carolina 28571
Dear Mr. Cassidy:

?J

On August 31, 1988, your agent, Mr. David Simpson, met with
Messrs. Mike Smith and Ernest Jahnke of my staff to determine Corps of
Engineers' regulatory jurisdiction at the proposed spoil disposal site for
the maintenance dredging of the manmade canal in the Sea Vista Subdivision
located behind the Town and Country grocery store off N.C. Highway 55 in
Oriental, Pamlico County, North Carolina.
For the purposes of the Corps of Engineers' Regulatory Program, Title 33,
Code of Federal Regulations (CFR), Part 330, published in the Federal Register
on November 13, 1986, lists nationwide permits. Authorization was provided
for discharges of dredged or fill material into non-tidal rivers, streams,
and their lakes and impoundments, including adjacent wetlands, that are
located above the headwaters and other non-tidal waters of the United States,
including adjacent wetlands, that are not a part of a surface tributary system
to interstate waters or navigable waters of the United States. This general
authorization is valid only for.work that causes the loss or substantial
adverse modification of less than an acre of wetlands.
Your work is authorized by nationwide permit provided it is accomplished
in strict accordance with the enclosed conditions. Please be aware that this
authorization does not relieve you of the responsibility to obtain any
required State or local approval. As discussed with Mr. Simpson, you should
coordinate with Mr. David Noble, North Carolina Division of Coastal
Management, concerning the primary nursery designation of the canal and the
75-foot area of environmental concern that the disposal site lies within.
If you have questions, please contact Mr. Jahnke, Regulatory Branch,
telephone [phone].
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Enclosure

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Copies Furnished (without enclosure):
Mr. John Parker
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
"Mr. William Mills
V Water Quality Section
Division of Environmental Management
North Carolina Department of Natural
Resources and Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. David Noble
Morehead City Regional Office
North Carolina Division
of Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557

CONDITIONS
a. Any discharge of dredged or fill material will not occur in the
proximity of a public water supply.
b. Any discharge of dredged or fill material will consist of suitable
material free from toxic pollutants.
c. If phe activity may adversely affect historic properties which the
National Park Service has listed on, or determined eligible for listing on,
the National Register of Historic Places, or if significant historic
properties are encountered before or during work, the permittee will notify
the District Engineer.
d. An individual state water quality certification must be obtained or
waived. Conditions of certification will be considered to be special
conditions of the Federal nationwide permit. Please contact Mr. William
Mills, North Carolina Division of Coastal Management, telephone (919)
733-5083.
? s
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State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor R. Paul Wilms
S. Thomas Rhodes, Secretary November 10, 1988 Director
Mr. Patrick J. Gallagher
Project Manager
Philip Post & Associates
P.O. Box 2134
Chapel Hill, NC 27514
Subject: Proposed Fill in
Headwaters or Isolated
Wetlands
CMD Southeast, Inc.
Durham County
Dear Mr. Gallagher:
Upon review of your request for Water Quality
Certification to place fill material in wetlands adjacent to
Northeast Creek, 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 for coverage under Corps of Engineers'
Nationwide Permit No. 26.
If you have any questions, please contact Bill Mills at
919/733-5083.
Sincerely,
/-R. Paul Wilms
RPW/dkb
Attachment
cc: Wilmington District Corps of Engineers
Raleigh Regional Office
Mr. Bobby Wood, NC Dept. of Transportation
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
PHILIP
POST
?r
ASSOCIATES
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of Natural
Resources and Community Development
P.O. Box 27687
Raleigh, NC 27611-7687
Dear Mr. Mills:
November 1, 1988
#53807

CMD Southeast, Inc. is requesting that the proposed fill activities in
the NCDOT right-of-way for NC 55 near Meridian Parkway be covered by your
General Water Quality Certificate for head water areas. We are enclosing
a site plan showing the extent of the fill activities and a site location
map.
If you have any questions on this matter, please call me at 929-1173.
Respectfully Submitted,
PJG/j lm
Enclosures
cc: Jim Higley/ CMD Southeast, Inc.

ENGINEERS
PLANNERS
SURVEYORS
401 Providence Road
P.O. Box 2134
Chapel Hill, NC 27514
[phone]
[phone]
Patrick J. Gallagher
Project Manager
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