19930924 Ver 1_Complete File_19930204

State of North Carolina
Department of Environment,
Health and Natural Resources &W4 Division of Environmental Management James B. Hunt, Jr., Governor p E H N F1
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P,E., Director
December 20, 1993
Mr. Bobby Ray Jordan
Route 3, Box 3660
Burgaw, N.C. 28425
Dear Mr. Jordan:
Subject: Certification Pursuant to Section 401 of the Federal Clean
Water Act,
Proposed ditch maintenance and construction
Project #93928, COE # 199102618
Pender County
Attached hereto is a copy of Certification No. 2868 issued to
Bobby Ray Jordan dated 20 December, 1993.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
`_ k)/?
eston Howard, 7r. P.E.
Attachments
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
Mr. John Dorney
John Parker, Division of Coastal Management
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 1 096 post-consumer paper
NORTH CAROLINA
Pender County
CERTIFICATION
THIS 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 15 NCAC 2H, Section .0500 to Booby Ray Jordan in Pender
County pursuant to an application filed on the 29th day of October,
1993 to maintain or construct 5,400 feet of drainage ditch.
The Application provides adequate assurance that the discharge of
fill material into the waters of Calico Bay in conjunction with the
proposed development in Pender County will not result in a violation
of applicable Water Quality Standards and discharge guidelines.
Therefore, the State of North Carolina certifies that this activity
will not violate Sections 301, 302, 303, 306, 307 of PL 92-500 and PL
95-217 if conducted in accordance with the application and conditions
hereinafter set forth.
Condition(s) of Certification:
1. that the activity be conducted in such a manner
as to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the stream is 25 NTU's or less are
not considered significant).
2. that side slopes of ditches shall be at least 2:1 unless
agreed upon in writing by DEM for specific locations,
3. that the applicant obtain an approved sediment and erosion
control plan,
4. that there be at least a 25 foot separation between the top
of the ditch and any septic tank drain field, and
5. the ditch shall be stabilized with vegetation upon project
completion.
Violations of any condition herein set forth shall result in
revocation of this Certification. This Certification shall become null
and void unless the above conditions are made conditions of the
Federal or Coastal Area Management Act Permit.
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.
This the 20th day of December, 1993.
DIVISION OF ENVIRONMENTAL M9NAGEMENT
reston Howard; J P.E.
WQC# 2868 IU

DIVISION OF ENVIRONMENTAL MANAGEMENT
MEMORANDUM
Date: December 8, 1993
To: John Dorney DEC 3
Planning Branch .
From: James H. Gregson"?A`t:/
Wilmington Regional ffice
Through: Dave Ad
Wilmingto ional Office
Subject: Regional Office Review and Recommendations
Application for Permit for Excavation and/or Fill
Central Office Permit #93928
Bobby Ray Jordan
Pender County
The project has been reviewed to determine impacts to water quality. The following
comments have been provided.
It is my understanding the project will require a Sedimentation and Erosion Control Plan
from the Land Quality Section.
It is recommended that the 401 Certification contain the following conditions for the
construction of the ditch.
1. That the side slopes of the ditches be at least 2:1, unless otherwise required by
the Land Quality Section.
2. That the Certification be contingent upon the applicant obtaining an approved
Sedimentation and Erosion Control Plan.
3. That there be at least a 25' separation between the top of the ditch and any septic
tank drain field.
4. That upon completion of the project the ditch be stabilized with vegetation.
JHG:93928. Dec
cc: Wilmington Regional Office Files
Central Files
MEMORANL)UM
FAR I N'T' NAME-1:
Reviewer:
John F) n ney Wu ;_-upV. -- -----
Pl3n11711){ IiTlllC"I7 I)A,I{',: 1-
SUBJECT: WETT.AND STAFF REPORT ANI) RF(,OMMENDATTON`,
+ **f," ACII ITEM MUST HE ANSWER ED (U. "E N/A FOR NOT APPT,I. CABL,E) ** *
PERMIT T ' Nei 000092 H COUNTY: PENDER
J1I 1)t.I {'r?+'I I 1111 rJi 1' +'?? 1'j!', 1?,1.`I i!y''
'1'"WE: C)R-AINA+;!?; I)!`I'?'11 I?I?:! i'?!! i? ! ? I,1,:: IP11,

RCi)FR(-)M ('.DA . COF:
REG OFF I CIS:: WIRO R IVERANI') :31JL1 _HA:;TN_
.# : lq'S D? a
:71l'F11M_)'.I,ASS: OS,,) /
:-?TR__INPEX-Nf): ;?•-?`??l??

6J! !MI ' I":': CYO/N WL__TYPE:
WT, P F, -)J) h;. TI .I_ A T, ,:, '.I' .. l?I
WL_ Ht):
IIYDI:1_) INIh:h:- : I"I 1 T 1 CWPI.+:)ra'' v'V
M. 'I' I ?,A'r I c)rl T'I ?F : ,?/q- IUl I '!' I ( .A'1' I )rl :_. 17 h:: A-le

h]?;C+ )MI?11?t`J1))1'I' I+ )r! ((_ ':i.7?? I ; Ong, ! I ; ! +i ; 1 : ,'=i ?I, 3146> )F:NY

c" C'
ra.-Lff-o u UkF,, i
DEC 131993
,
WETS..-?GPO,
uTcn nilAl ITY S'.
DIVISION OF ENVIRONMENTAL MANAGEMENT
November 9, 1993
MEMORANDUM
TO: Dave Adkins
Wilmington Regional Office
FROM: John DorneQb°'?
RE: 401 Certification Review
11 NOV 111993
Please review the enclosed 401 Certification applications by November 23, 1993.
Please call me if you or your staff have any questions, or need assistance in these
reviews.
PLEASE COMPLETE THE NEW STAFF REPORT AND RECOMMENDATION FORM
Al Bobby Ray Jordon (2 Week Review)
;L #93928
Pender County
The other enclosed material (if any) is for your general information and use as
appropriate.
Enclosure
0O CT 2 9
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers WETLANDS GR;)U'Pw
Post Office Box 1890 WATER URLITYr
Wilmington, North Carolina 28402-1890
Action ID No. 199102618 October 28, 1993
PUBLIC NOTICE
Mr. BOBBY RAY JORDAN, Route 3, Box 3660, Burgaw, North Carolina has
applied for a Department of the Army (DA) individual permit TO MAINTAIN AND/OR
CONSTRUCT 5,400 FEET OF DRAINAGE DITCH FOR THE CALICO BAY DRAINAGE PROJECT
LOCATED ADJACENT TO THE NORTH EAST CAPE FEAR RIVER in Pender County, North
Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsits visit by a
representative of the Corps of Engineers. Plans submitted with the
application show that approximately 1,400 feet of the proposed 5,400 feet of
new drainage ditch will impact approximately 3.87 acres of jurisdictional
wetlands. 1:1 side slopes are proposed for all new and expanded areas. The
total area covers 117 acres in the Eastern Coastal plain of North Carolina.
The project consists of 3 sections within wetlands:
1). Reach "A" is an existing 400 feet long ditch, 2 feet wide by 2 feet
deep. It will be expanded by widening the bottom to 4 feet and deepening to 5
feet. The Calico Bay area is within a residential area with single family
dwellings. The soils in this area are Muckalee, a poorly drained hydric soil.
The vegetation is dominated by an overstoryr of red maple, tulip poplar,
American holly, willow oak, water oak, sweetbay, dogwood, and loblolly bay.
The understory consists of fetterbush, wax myrtle, greenbrier, royal fern,
netted chain fern, privet, and gallberry. This section of the ditch will
impact approximately 0.57 acres of wetlands adjacent to the river.
2). Reach "B" is within a natural depression. Construction will entail
excavation of a new 500 feet long ditch with a 4 feet wide bottom with depths
varying from 4 to 6 feet. The underlying soil is Muckalee. The dominant
vegetative community is similar to Reach "A". This section of the ditch will
impact approximately 1.4 acres of wetlands.
3). Reach "C" follows an existing natural drain approximately 1 foot deep
by 1.5 feet wide. This 500 feet long section will be enlarged to a 4 feet
bottom width, and vary from 3 to 6 feet wide at the top. The soils are
Murville, a very poorly drained hydric soil. The dominant canopy trees are
pond pine, loblolly bay, sweetbay, and redbay, with an understory of
gallberry, pepperbush, and blueberry. 1.9 acres of wetlands will be adversely
impacted in this area.
The purpose of the work is to improve surface drainage for residential
landowners. -Plans showing the work are-,included with this public notice.
The applicant has determined that the proposed work is consistent with
the North Carolina Coastal Zone Management Plan and has submitted this
determination to the North Carolina Division of Coastal Management (NCDCM) for
their review and concurrence. This proposal shall be reviewed for the
applicability of other actions by North Carolina agencies such as:
a. The issuance of a Water Quality Certification under Section 401 of
the Clean Water Act by the North Carolina Division of Environmental Management
(NCDEM).
-2-
b. The issuance of a permit to dredge and/or fill under North Carolina
General Statute 113-229 by the North Carolina Division of Coastal Management
(NCDCM).
C. The issuance of a permit under the North Carolina Coastal Area
Management Act (LAMA) by the North. Carolina Division of Coastal Management
(NCDCM) or their delegates.
d. The issuance of an easement to fill or otherwise occupy State-owned
submerged land under North Carolina General Statute 143-341(4), 146-6, 146-11,
and 146-12 by the North Carolina Department of Administration (NCDA) and the
North Carolina Council of State.
e. The approval of an Erosion and Sedimentation Control Plan by the Land
Quality Section, North Carolina Division of Land Resources (NCDLR), pursuant
to the State Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-
66).
The requested Department of the Army (DA) permit will be denied if any
required State or local authorization and/or certification is denied. No DA
permit will be issued until a State coordinated viewpoint is received and
reviewed by this agency. Recipients of this notice are encouraged to furnish
comments on factors of concern represented by the above agencies directly to
the respective agency, with a copy furnished to the Corps of Engineers.
This application is being considered pursuant to Section 404 of the Clean
Water Act (33 U.S.C. 1344). Any person may request, in writing within the
comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that
the proposed activity will affect species, or their critical habitat,
designated as endangered or threatened pursuant to the Endangered Species Act
of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive Order
-3-
11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities involving the
placement of dredged or fill materials in waters of the United States, a
permit will be denied if the discharge that would be authorized by such permit
would not comply with the Environmental Protection Agencies' 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable
guidelines or criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.
The Corps of Engineers is soliciting comments from the public; Federal,
State and local agencies and officials; Indian Tribes and other interested
parties in order to consider and evaluate the impacts of this proposed
activity. Any comments received will be considered by the Corps of Engineers
to determine whether to issue, modify, condition or deny a permit for this
proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental
effects and the other public interest factors listed above. Comments are used
in the preparation of an Environmental Assessment (EA) and/or an Environmental
Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to determine the need for a public hearing and
to determine the overall public interest of the proposed activity.
Generally, the decision whether to issue this Department of the Army (DA)
permit will not be made until the North Carolina Division of Environmental
Management,(NCDEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The NCDEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army (DA) permit serves as application to the NCDEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management (NCDEM), Salisbury Street,
Archdale Building, Raleigh, North Carolina. Copies of such materials will be
furnished to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management (NCDEM) plans to
take final action in the issuance of the Clean Water Act certification on or
after November 19, 1993.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management (NCDEM), Post Office Box 27687,
Raleigh, North Carolina 27611-7687, on or before November 15, 1993,
Attention: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Rudolf Schiener until 4:15 p.m.,
November 29, 1993, or telephone [phone].
.? ?
O -D I
H F O
-1 D C
n -? (n
I it m
mCf)
m m?
O N
m D
z m
O m
J
m
MU)
z -(
OD
i n
om
z+
cn m
-gym
C
n
--i
1 H LO
Z Cn

D H?
H

C)
N --q
b
m 3
SIADEN C TT D
"?
s+hp
S

_ rr

I

Q

K

A1•?
CD

Co Ul CD U)
m-I m-
G)D G)D ?
mmrcnn
X ?

z Z mz0z ,

W N
nN (A- rn-c
r p
Z9v
n
M (n
Zi
I
o+ 0 o+ + >
c?ovm?
H
v
on a Y
YY
Zl0 ZI- =moo
OO<M
-
L0
..?
NN (n Ql D, n
DSu w
? ?0
:D X zmxxx • Z+
/

x _ MG
--l --l .s
.? o z?
T <:Cm I^
W
x

O O
^ >
- W-+o
W
CO 00
n
z3
Z Z m?m° ? N ~ hr ?? H A
?
DITCH #1? Z

00
El m mm yr
? ~
D
N9b ? LA
CO
co
A co
L A Y ROA E] co e?
\

m ? ?
ti
om Fr-)(1) W v ? ? ?

S D' ?
?
co
m
,gym r
.N -_j I t
0'
o OJ CO "c 4t
< cn m n In N O ` m. z=
rZ
?
a i- m
N
m -I -i O ,
,= N a?
?n-+ D) -h
p
o A
a
DO D n v
om
'

m
R

y I- z?

mm m ,z? ,

p [:j x
?r

CT) m
O '?'? '7
C NvKm
'p
N
`y 0
O V
zo
v C m
_..r m I
m
?., "U?"n,? "rnrnrnrnrno:rn? a
mvrn ----- -- w
?
r
El
??
c)
rn
m ?
a
O
g
CX)
m>
o?mvt ta
mmC
rnr>m
via ma°> as m
.-.
<< ?
?r
m
n x x o w o. ? w m° rt m o z m? m m
?00t/1m m -.2 9m 9m> ? to 3'OO ?fn
o m a> m a> m a s >
m ?xz oaoQi Jtnxx m o
>>
m> m x a o> c,
T -t ° m m 2 ? ? In fT': Z° m m 9 3J
Z O O
m z n c s ?
c i o o cz-, a x z z
m z a z
N
?J M
< N
a CT)
?p ??pp
?mmt9m m is tD m t0 lD l0 tp tD? tD
m mmmmmNNmtp tD tvO
_
U wN - OtU w N - ---wr' -
-
? w N
ro
?
n
onymy ppoomn
yycnxtyn ym u+Cm po f-+o y?mx?[}??Syx
C A
m
ro Gl
A
??S
- $ D?
m a A m
?
r
8
m
r
!_ .
V
f
aa D
SS
.
o
(
/?
iM Z < m_
r l? O
/?1 9 2 l?1
``
T°`
M pp
a
m D K
m
p
yy
=
`
p
ro e fn m O i
JD a Y? m\
\ m r' ?- i
p
'
p
gy
}
O
=
V ZiZ rnah JJ xro? C. r?2O?j pp C_ r ya m f_ (A L m }p ~ CCC ? ay m ? vNi r m /?5
aOHZ
??????1+=1z
?
2?
?
2
?
`
>
g
O
2
m Z
2
>
0
_N
n v
s' a' m
A b' x
'
x x
"
r
r
r
-
x
S
I Ql
rn N
-A
VT
I T
! , U I
l..ll
h
'V II
c-n
V I
CALICO BAY DRAINAGE PROJECT
PENOEA CO„ N.C.
North Carol lno Deportment of Env lr onment. Hen 1th, and NetUr el Resources
Division of Soil and Water Conservation, Watershed Plonning Section.
Raleloh• North Caroline 1993
OUTLET DITCHES
#I & 4 1;1
A
,
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199102618
t./ LS 'I •?,..1f1......'r; Via' `???
OCT 2 9 ?
;,?. WETLAI?ir;,?
WATER
October 28, 1993
PUBLIC NOTICE
Mr. BOBBY RAY JORDAN, Route 3, Box 3660, Burgaw, North Carolina has
applied for a Department of the Army (DA) individual permit TO MAINTAIN AND/OR
CONSTRUCT 5,400 FEET OF DRAINAGE DITCH FOR THE CALICO BAY DRAINAGE PROJECT
LOCATED ADJACENT TO THE NORTH EAST CAPE FEAR RIVER in Pender County, North
Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show that approximately 1,400 feet of the proposed 5,400 feet of
new drainage ditch will impact approximately 3.87 acres of jurisdictional
wetlands. 1:1 side slopes are proposed for all new and expanded areas. The
total area covers 117 acres in the Eastern Coastal plain of North Carolina.
The project consists of 3 sections within wetlands:
1). Reach "A" is an existing 400 feet long ditch, 2 feet wide by 2 feet
deep. It will be expanded by widening the bottom to 4 feet and deepening to 5
feet. The Calico Bay area is within a residential area with single family
dwellings. The soils in this area are Muckalee, a poorly drained hydric soil.
The vegetation is dominated by an overstorl of red maple, tulip poplar,
American holly, willow oak, water oak, sweetbay, dogwood, and loblolly bay.
The understory consists of fetterbush, wax myrtle, greenbrier, royal fern,
netted chain fern, privet, and gallberry. This section of the ditch will
impact approximately 0.57 acres of wetlands adjacent to the river.
- 2). Reach "B" is within a natural depression. Construction will entail
excavation of a new 500 feet long ditch with a 4 feet wide bottom with depths
varying from 4 to 6 feet. The underlying soil is Muckalee. The dominant
vegetative community is similar to Reach "A". This section of the ditch will
impact approximately 1.4 acres of wetlands.
3). Reach "C" follows an existing natural drain approximately 1 foot deep
by 1.5 feet wide. This 500 feet long section will be enlarged to a 4 feet
bottom width, and vary from 3 to 6 feet wide at the top. The soils are
Murville, a very poorly drained hydric soil. The dominant canopy trees are
pond pine, loblolly bay, sweetbay, and redbay, with an understory of
gallberry, pepperbush, and blueberry. 1.9 acres of wetlands will be adversely
impacted in this area.
The purpose of the work is to improve surface drainage for residential
landowners. Plans showing the work are~included with this public notice.
The applicant has determined that the proposed work is consistent with
the North Carolina Coastal Zone Management Plan and has submitted this
determination to the North Carolina Division of Coastal Management (NCDCM) for
their review and concurrence. This proposal shall be reviewed for the
applicability of other actions by North Carolina agencies such as:
a. The issuance of a Water Quality Certification under Section 401 of
the Clean Water Act by the North Carolina Division of Environmental Management
(NCDEM).

-2-
b. The issuance of a permit to dredge and/or fill under North Carolina
General Statute 113-229 by the North Carolina Division of Coastal Management
(NCDCM).
C. The issuance of a permit under the North Carolina Coastal Area
Management Act (LAMA) by the North. Carolina Division of Coastal Management
(NCDCM) or their delegates.
d. The issuance of an easement to fill or otherwise occupy State-owned
submerged land under North Carolina General Statute 143-341(4), 146-6, 146-11,
and 146-12 by the North Carolina Department of Administration (NCDA) and the
North Carolina Council of State.
e. The approval of an Erosion and Sedimentation Control Plan by the Land
Quality Section, North Carolina Division of Land Resources (NCDLR), pursuant
to the State Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-
66).
The requested Department of the Army (DA) permit will be denied if any
required State or local authorization and/or certification is denied. No DA
permit will be issued until a State coordinated viewpoint is received and
reviewed by this agency. Recipients of this notice are encouraged to furnish
comments on factors of concern represented by the above agencies directly to
the respective agency, with a copy furnished to the Corps of Engineers.
This application is being considered pursuant to Section 404 of the Clean
Water Act (33 U.S.C. 1344). Any person may request, in writing within the
comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that
the proposed activity will affect species, or their critical habitat,
designated as endangered or threatened pursuant to the Endangered Species Act
of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive Order
.l - .
-3-
11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities involving the
placement of dredged or fill materials in waters of the United States, a
permit will be denied if the discharge that would be authorized by such permit
would not comply with the Environmental Protection Agencies, 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable
guidelines or criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.
The Corps of Engineers is soliciting comments from the public; Federal,
State and local agencies and officials; Indian Tribes and other interested
parties in order to consider and evaluate the impacts of this proposed
activity. Any comments received will be considered by the Corps of Engineers
to determine whether to issue, modify, condition or deny a permit for this
proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental
effects and the other public interest factors listed above. Comments are used
in the preparation of an Environmental Assessment (EA) and/or an Environmental
Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to determine the need for a public hearing and
to determine the overall public interest of the proposed activity.
Generally, the decision whether to issue this Department of the Army (DA)
permit will not be made until the North Carolina Division of Environmental
Management (NCDEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The NCDEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army (DA) permit serves as application to the NCDEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management (NCDEM), Salisbury Street,
Archdale Building, Raleigh, North Carolina. Copies of such materials will be
furnished to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management (NCDEM) plans to
take final action in the issuance of the Clean Water Act certification on or
after November 19, 1993.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management (NCDEM), Post Office Box 27687,
Raleigh, North Carolina 27611-7687, on or before November 15, 1993,
Attention: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Rudolf Schiener until 4:15 p.m.,
November 29, 1993, or telephone [phone].

u, ?
O -D I
H F O
-I D C
n cn
I it m
F n
? N
M D
z m
0 ?
m
Z
-V

WN
rn-+ Din
m-4
0> 0> mmrtnn
y xMzpz
zo
2 Z rn gym..
W N -+ r n
nN n?-- rs
zxvsn
O + 0+
00M07
Zt0 Zi-- SDOO
NN cnrn m o<11
2)- xm
m
i
ixs
C C =?5r°.
n n S mxr ?-
k En
O O -
v W C?
Z Z r
-ro ?
rn(99'v N

DITCH #1 ?
1
e
6

? oo
D
m

? ??

El!
c-n
s
?
c
"r
.
o
u
mom r,)( w v Eli p
r9
?-+m n v C_f7
D
M m Ti r v Q1
"am -N
<lnm n LO ND ?i>m
m?-1 o +
33
V n A yZ??
M R -- mm
O
O O 311 Q,
Q? LO
v
r
V
10J JJJ V NJ.? VOI OI ch Or OI Or M OIU '
? m? T U ? W> N f r 10 m V P J W N W ,O
m???9g mscriamN??xNr s" ? f
ra1 z a m y o s -.
?oovfmma??oTQ¢?r?. '> `r'.iz Qa 3S ?`"Y.'
r 2 ~O9/?1>,Wi?? t 6120
z m x 3 O> m 1z;
? 9 ?Np ?p ?p mm
CO
m m W j m N
m a t a t m l r O 1 O b O r U I i 4 D 1 G 1 C
m1 O m IVO
N W N V W N m v O lU
AA § ? W !! ???? j W N
v? o ra?min y -„m„r?, Tx#?-
abm_? jig -
s
N N N Y N y i
S
HF ,
I
LO CO
m U)
z -i
OD
n
°z&+
Um
-4e
M
C
n
N , O
T Z LL' ^J
LO

m
(n

i
z --4

0>
g
g
CO
C.J n
O m
Z+ tc
?
Nm
31?

LO
N
O

Z

^
,
D L-0 ?
00
~
J ? p m ?

p ? p ?
---J co
T cc)
~r ?
co U+1
?n
C
ti
C
r-i
O FH
r 3
m D
-v
co
N
m"z'
v
El rzM=.

LO CC)
w a ,«e f cil

2 10
2G7
y m ,
cy) ?p
0 CT)
N

?

01
V 1
CALICO BAY DRAINAGE PROJECT
PENOER CO., N.C.
North Caroline Department of Environment. Health, and Natural Resources
Division of Soil and Water Conservation. Watershed ?Plennlne Section.
Raleloh, North Carolina 1993
PLAN VIEW
OUTLET DITCHES
#1 a #2
. K-"iqml 1 DEC 10 OB
Y ,?;wa
State of North Carolina I wATO WAI TY tfrION
Department of Environment, Health, and Natural Resources
Division of Coastal Management
Wilmington Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
December 6, 1993
Mr. Bobby Ray Jordan
Route 3, Box 3660
Burgaw, North Carolina 28425
RE: Action IDS 199102618, Nationwide Permit Application
CALICO BAY DRAINAGE PROJECT, Pender County
Dear Mr. Jordan:
Roger N. Schecter
Director
The North Carolina Division of Coastal Management has reviewed the above referenced application for a Nationwide
Permit dated October 28, 1993 pursuant to Section 307 of the Coastal Zone Management Act of 1972 as amended.
Based upon our review, we have determined that the proposed activity is 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 inconsistent with the North Carolina Coastal Management Program.
2. A 401 Water Quality Certification is received, where required, from the North Carolina Division
of Environmental Management.
This letter does not relieve you of the responsibility to 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] if you
have any questions or need further assistance.
Sincerely,
C. Robert Stroud, Jr.
District Manager
CRS/jmr
cc: Preston P. Pate, Jr.,DCM
Steve Benton, Consistency Coordinator
Wilmington District Engineer; ATTN: CESAW-CO-E
John Dorney, DEM/Raleigh
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer
IJPra-::.-- _?? -.1= I ?'1 ?_ ? I TEL_ I n: #1471'rr" '1
Post-It' Fay Note JG 1
r t
! mom f
Co.
f, -77

,1