19951270 Ver 1_COMPLETE FILE_19951219

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary{
A. Preston Howard, Jr., P.E., Director
Ar4**A?EHNR
December 20, 1995
Beaufort County
DEM Project # 951270
APPROVAL of 401 Water Quality Certification
Wachovia Bank & Trust
Post Office Box 1767
Greenville, N.C. 27835-1767
FILE COPY
Dear Sirs:
You have our approval to place fill material in less than 0.10 acres of wetlands or waters for the
purpose of installing a floodgate at an existing drainage ditch off SR 1710, adjacent to Upper Dowry
Creek near Leechville, as you described in your application dated 6 December 1995. After reviewing
your application, we have decided that this fill is covered by General Water Quality Certification
Numbers 2733 and 2727. These certifications allow you to use Nationwide Permit Numbers 18 and 33
when they are issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new application.
For this approval to be valid, you must follow the conditions listed in the attached certification. In
addition, you should get any other federal, state or local permits before you go ahead with your
project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and
its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Environmental Management under Section 401
of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786.
Pr rely,
eston oJr. E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional Office
Mr. John Dorney
Central Files
Mr. Gary Mitchell; Mitchell and Associates 951270.1tr
P.O. Box 29535, Raleigh, North Ccxolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumes paper
Mitchell and Associates, Inc.
128 N. Harding Street Greenville, North Carolina 27858 • 919 - 752 - 4077 Fax: 919 - 752- 7380
RECEIVED
......... .
............:... ..
December 6, 1995 DEC 14 1995
ENVIRONMENTAL SCIENCES
Mr. John Dorney
Water Quality Planning
Division of Environmental Management
Post Office Box 29535
Raleigh. N.C. 27626-0535
401 ISSUED
Dear Mr. Dorney,
The purpose of this correspondence is for Mitchell & Associates, Inc.,
acting as agent for property held by Wachovia Bank & Trust of North
Carolina, Trust Division, to notify you of their proposed work. on the subject
property, located off S. R. 1710, adjacent to Upper Dowry Creek, near the
community of Leechville, Beaufort County, North Carolina.
The proposed work involves the construction of a temporary coffer dam
(N.W.P. 33) at the intersection of existing ditches on the property. The coffer
dam and subsequent dewatering of the ditch junction will facilitate the
installation of a flood gate and c.m.p. (N.W.P. 18).
The proposed dam and floodgate will be constructed in strict accordance
with the best construction management practices to assure that: (1) normal
flow and circulation patterns, and chemical and biological characteristics of
waters of the United States are not impaired subsequent to installation of the
floodgate and removal of the coffer dam; (2) that the reach of the waters of the
United States is not reduced, and; (3) any adverse effects on the aquatic
environment are minimized.
Unfortunately, there are no viable alternatives other than the
installation of a floodgate available to the applicant. The location of the
property males it frequently subject to wind and precipitation-driven tidal
influxes, and the existing drainage ditches can often serve as conduits that
funnel rising waters directly into the property. Considering the potential
effects of salt intrusion into this valuable farm and timber land, the installation
of a floodgate is the only option available. The project has been designed to
avoid and minimize undue environmental impacts. Only clean earthen fill will
be used in the installation of the floodgate, and upon completion, the coffer
dam will be removed, and the area restored to its original hydrologic state.
Additional measures will be taken to ensure that all work is conducted in strict
conformance with permit conditions pursuant to N.W.P. 18 and 33, as well as
all other applicable state and local requirements.
By copy of this correspondence and completed Pre-Discharge
notification procedures, I am requesting D.E.M concurrence with this N.W.P
18 and 33 applications. Please contact me at your convenience should you
have any questions. Thank you for your time and attention to this matter.
Sincerely,
Gary A. Mitchell
President, Mitchell SZAssoc., Inc.
Wachovia Bank of North Carolina, N.A.
Post Office Box 1767
Greenville, NC 27835-1767
401 ISSUSD
August 7, 1995
LIFr, 1 41995
'
ER QUNUTY SECTION
Mr:" Gary A. Mitchell
Mitchell & Associates
Environmental Consultants
128 North Harding Street
Greenville, NC 27858
Re: 16-18637-00 TW Helen B. Boyd
16-18638-00 MI Helen B. Boyd et als
Dear Mr. Mitchell:
Pursuant to our meeting last month, please proceed in
obtaining a permit to complete the work necessary for the
Bible Shore Farm. Based on your estimates, I have sent
the family a letter for their concurrence in authorizing
this work.
Should you have any questions, please contact me at (919)
757-7297.
Since ely,
z2 T
,,
Dan L. Taylor, Jr.
Assistant Vice President
DLT/etd
CC: Mrs. Helen B. Boyd
Mrs. Carol Boyd Tillman
Mr. Henry E. Boyd, III
`
Q1 fSWED
DEM ID: c51276 ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit ft No. 3:8
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL ?v1111
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONME
P.O. Box 1890 AND NATURAL RESOURCES_
Wilmington, NC 28402-1890 P.O. Box 29535
ATTN: CESAW CO-E Raleigh, NC 27626-0535 , '
Telephone [phone] 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.
PLEASE PRINT.
1. Owners Name: _ Wachovia Bank & Trust
2. Owners Address: Post Office box 1767, Greenville N.C. 27835-1767
3. Owners Phone Number (Home), (Work):
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
Mitchell & Associates Inc. (919),752-4077
128 N. Harding St.
Greenville, N.C. 27858
5. Location of work (MUST ATTACH MAP). County: B e a u f o r t
Nearest Town or City: Belhaven
Specific Location (Include road numbers, landmarks, etc.):Of f S . R . 1710, adjacent to Upper Dowry
Creek and Pungl.o River
6. Name of•Closest-949=/River: Upper Dowry ''Creek
7. River Basin; Pungo
8. Is this project located in a watershed classified as. Trout, SA, HQW, ORW, WS I, or WS II? 'YES [ J NO Y4
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NQ Dk
If yes, explain. N/A
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
+/-'.125 acres
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: Less than 0.10 acres
Drained: N/A
Flooded: N/A
Excavated: N/A
Total Impacted: Lass. than 0..1.0 acres
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): I n s t a l l i o n of a flood g ate
(3611) and 12' c.m.p. at existing drainage ditch junction to be's iired
by +/- 0.1 acre clean earthen fill.
13. Purpose of proposed work: To 'facilitate installation of f1nndgat.P and r-_m_$L-
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken tominimizewetland;iMpacts. Flood gate must be positioned at ditch iunct'ion to
ensure greatest protection from periodic .flooding. -
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 DcA NO [ ]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic
properties in the permit area which may be affected by the proposed project? Have you done so? YES $x] 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? Agri u i t o r a i/ S i v i c u l t u r a 1
F. If applicable, what is proposed method of sewage disposal? N/A

C
Q Ar"I ISSUED
DEM ID: 9,51270 ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): No. 33
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL

DEPARTMENT OF THE ARMY
NC DEPARTMENT OF ENVIRO
k ff? C K

W
P.O. Box 1890 y D
AND NATURAL RESOURCES _
Wilmington, NC 28402-1890 P.O. Box 29535 r
ATTN: CESAW-CO-E Raleigh, NC 27626-0535 4J
Telephone [phone] ATTN: MR. JOHN DORNEY
Telephone [phone]

ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO
?m
AN,) s)

N?TEER ,
Q00
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRO _
EME
PLEASE PRINT.
1. Owners Name: Wachovia Bank & Trust
2. Owners Address: Post Office Box 1767, Greenville, N.C. 27835-1767
3. Owners Phone Number (Home). (Work):
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
Mitchell & Associates, Inc. [phone]
128 N. Harding St.
Greenville, N.C. 27858
5. Location of work (MUST ATTACH MAP). County: Beaufort
Nearest Town or City: Belhaven
Specific Location (Include road. numbers, landmarks, etc.): Off S . R . 1710, adjacent to Upper Dowry
Creek and Pun(wo River
6. Name of Closest S$ream/River: Upper Dowry Creek
7. River Basin: Pungo
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 permits been previously requested for use on this property? YES [ ] NO Lxjc
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
+/ 125 acres
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 0.001 (To be removed upon installation of flood gate)
Drained: N/A
Flooded: N/A
Excavated: N/A
Total Impacted: 0.001 (see above)
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): Construction of temporary
coffer dam in existing ditch to facilitate installation of flood gate and
c.m.p.
13. Purpose of proposed work: To provide construction access during the installation
of floodgate and c.m.p.
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimizewetland impacts. Coffer dam is needed for providing access for flood gate
installation. Dams will be removed upon completion, and area restored hydrolog.
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 orthreatened species or critical
habitat in the permit.area that may be affected by the proposed project. • Have you done so? YES [ xk NO [ J
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic
properties in the permit area which may be affected by the proposed project? Have you done so? YES)[X J NO [ J
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the
delineation line.
D. If a stormwater management plan is required for this project, attach copy.
E. What is land use of surrounding property? Agricultural and Siviculture
F. If applicable, what is proposed method of sewage disposal? N/A

EXISTING DITCH
? C.M.P. AND
I I \L/ I FLOODGATE
EXISTING DITCH EXISTING DITCH
FILL TO STABILZE STRUCTURE
SILL BE TIED TO UPLANDS
EXISTING DITCH
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FLOODGATE
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DITCH
TYPICAL CROSS-SECTION
Proposed Flood Gate Irutellation
Upper Dowry Creek, Beaufort Co.
Wachovia Bank & Trust
Mitchell & Associates, Inc.
128 N. Hardirz Greenville, N.C. 27858
December 5, 1995
y '
End of Delineation
Gut End of Delineation
Toe of Slope B52
C1
Appx. 80'
Upland Appx.85' Upland
A x.80'
Ditch Ditch
a

'NO SCALE"
Proposed Flood Gate Installation
Upper Dowry Creek, Beaufort Co.
Wachovia Banl & Trust
Mitchell & Associates, Inc.
128 N. Haxdir& Greenville, N.C. 27858
December 5, 1995 _
EXISTING DITCH
TEMPORARY
COFFER DAMS
EXISTING DITCH
EXISTING DITCH
EXISTING DITCH
To Be Removed After
Installation Of Flood Gates
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• %1- iv0 SCALE"
I +1- 3 ft.
@7 D
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+1- 4' 7L-- FILL MATERIAL
DITCH
TYPICAL CROSS-SECTION
Proposed Temporary Coffer Darn
Upper Dowry Creek, Beaufort Co.
Wachovia Bank & Taut
Mitchell & Associates, Inc.
128 N. Harding_ Greenville, N.C. 27858
December 5, 1995