19960702 Ver 1_COMPLETE FILE_19960726

AP o State of North Carolina
Department of Environment,
Health and Natural Resources 4 • •
Division of Water Quality
J Fb Governor F= N
Jonathan B B. . Howes,Secretary
A. Presto n Howard, Jr., P.E., Directo r
September 3, 1996
Brunswick County
DWQ Project # 960702
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. John and Ms. Janet Pucci
368 Town Creek Road, NE
Leland, NC 28451
Dear Mr. and Ms..Pucch
You have our approval to place fill ma `Y d flood 3.5 acres of wetlands or waters for the purpose of
constructing a pond at SR 1413 and SR 14fi described in your application dated 26 July 1996. After
reviewing your application, we have deci,, . is covered by General Water Quality Certification
Number 2671. This certification allows .' onwide Permit Number 26 when it is issued by the
Corps of Engineers.
This approval is only valid for the p ` that you described in your application except as
modified below. If you change your pro9 us and you may be required to send us a new
application. For this approval to a vali a conditions listed in the attached certification
and any additional conditions listed belovvz and the existing pond shall be removed to high
ground. Spoil from new, excavation shall n' Hands. In addition, you should get any other
federal, state or local permits before you go project including (but not limited to) Sediment
and Erosion Control, Coastal Stormwater, Non-D': d Water Supply Watershed regulations.
If you do not accept any of the conditions of this certfit ation, 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 Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Dorney at 919-733-1786.
Sincerely,
Pre n Howard, r. P.E.
0
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
Mr. John Dorney
Central Files
960702.1tr

Division of Water Quality - Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NO 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Aff irmative Action Employer - 50% recycled/10% post consumer paper

KEM
?JM PRINT NAMES:
Reviewer: TO: JOHN DORNEY??g WQ SUPV.:
ENVIRONMENTAL SCIENCES BRANCH DATE
SUBJECT: WETLAND".STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE)
PERMIT YR: 96 PERMIT NO:
APPLICANT NAME: JOHN M. PUCCI
PROJECT TYPE: POND & CLEARING
COE. #:
RCD FROM_CDA: APP
REG OFFICE: WIRO
RIVER AND.SUB BASIN_#: 030617
,,STREAM-CLASS.: C
WL IMPACT? : (9/N
=WL_REQUESTED:, 5
WL SCORE M :
MITIGATION?: Y/6)
MITIGATION SIZE: 14-
IS WETLAND RAT
0000702 COUNTY: BRUNSWICK
PERMIT TYPE: NW26
DOT J:
DATE FRM CDA: 07/26/96
STR_INDEX NO:,18-81
WL_TYPE: W
WL ACR EST?: ON
IMPACTED BY FILL?: Y/6)
q
MITIGATION TYPE: (V/A
PEST MORE INFO?: Y149)
r r
'TACHED? : N
n
N
HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH'APPLICANT?: (QN
RECOMMENDATION (Circle One): ISSUE SSUE/CON DENY
COMMENTS : A,p L? c io a-v, ,• y.?e/? i?it G ?--
cc: Regional Office
Central Files

loject name ?c.L M- PAec Nearest road ?° SR ?? ?? y ! 3
unWetland area" acres Wetland width feet
Name of evaluator Date 2 /a V5 C
Wetland type. (select one)*
? Bottomland hardwood forest ? Pine savanna ? Bog forest
? .Headwater forest ? Freshwater marsh ? Bog/fen
? Swamp forest ? Estuarine fringe forest ? See{
? Wet flat 0 Ephemeral wetland ? Other
Pocosin ? Carolina Bay
*The rating system cane: A be applied to salt or brackish marshes or stream channels
i IN weight
Water storage_ x 4.00 -
Wetland Score
A Bank/Shoreline stabilization x 4.00 -
Pollutant removal
x 5.00 - ..;
Wildlife habitat x 2:00
?pp Aquatic life value x 4.00
UV Recreation/Education .?- x 1.00
* Add 1 pant if in sensitive watershed and > 10% nonpoint disturbance within 1 /2 mile upstream, upslope, or radius
57
141,,
.96
KN North Carolina Wildlife Resources Commission 0
512 N. Salisbury Street, Raleigh, North Carolina 27611, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO:
John Dorney
Division of Wa
FROM: Bennett Wynne=
Habitat Con81
DATE: August 21,
SUBJECT: Application
for John and
Leland, Brunsw
Number: 960702.
Program
er Quality Certification
i, 368 Town Creek Rd.N.E.,
_y, North Carolina. Project
The Wildlife Resources Commission has completed a
review of the project and associated impacts on wildlife and
fishery resources. A site visit was made on August 13,
1996.. Our comments are provided in accordance with
provisions of the Fish and Wildlife Coordination Act (48
Stat. 401, as amended; 16-:U.S.C. 661 et seq.), Section 401
of the Clean Water Act (as amended), and North Carolina
General Statutes (G.S. 113-131 et seq.).
The applicants are seeking certification to excavate
0.3 acre of cutover jurisdictional wetlands to construct a
pond. According 'to the site map,.approximately half of the
pond area would encroach on wetlands vegetated with
sweetgum, sweet bay, and red maple. Site wetlands provide
habitat for raccoon, muskrat, and opossum and also appear to
be associated with a stream to the west.
During our site visit, we saw some construction
activity in the same wetlands affected by the proposed
project but just north of the site of the proposed pond. A
small pond had already been dug and spoil from the
excavation had been piled in wetlands surrounding the pond.
Also, a ditch had been dug in an apparent attempt to drain
Quality
M
NCWRC; Project Number 960702; 8-21-96 p•2
the wetlands. Due to adverse impacts to wetlands that have
already occurred at the site and the potential for more
damage, we recommend that certification be conditioned as
follows.
1. Excavation spoil in wetlands around the existing
pond must be removed to high ground and the ditch
draining the wetlands plugged or the site of the
proposed pond must be relocated entirely to high
ground:
2.' Excavation spoil;' new pond construction must be
deposited on high;' t.,
Thank you for th". ;'ty to comment on this
application. If you ? "ons regarding our comments
or need additional aid ease call me at (919) 522-
9736.
cc: Albert Little
s \boatfish\habcon\coast\d4 (401pucci.doc)

4
IjEM ID: CORPS ACTION ID: r s'=
/' rvdf
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT
PRE-CONSTRUCTION NOTIFICATION
FOR NATIONWIDE PERMITS THAT REQUIRE: 1 ?w
1) NOTIFICATION TO THE CORPS OF ENGINEERS
tl
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL';MANA?iEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
0) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
.l OWNERS NAME : r/0 ? n /Vi
.e- 7' /v(, yc..,c c ?'
MAILING ADDRESS: 3/0 ?' rG 'fi`o?•.?/L , i ?•2la s? ?f <(G? C'??
'ITY: STA
PROJECT LOCATION ADDRESS, INCLUDIN
MAILING ADDRESS ABOVE):
SION NAME:
ZIP CODE: on-r41 S`"/
ON NAME (IF DIFFERENT FROM
3. TELEPHONE NUMBER (HOME) j?1o)A5 3-y"(-1 (WORK) : x /-?-S"S'?c/
9. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: -l
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: ts'/)'""S tv- < -CA/ NEAREST TOWN OR CITY:
130 L e U<?
SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.) 0 /= 5-'R /Y/3Llftl "'Ae C'/juv/C eqo)
PA C U-(-
> 1
,olM 6-7- M,, P a "/ . e cZ 9-6 •d/
s
**jglqr
HEM ID:

CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #):
PRE-CONSTRUCTION NOTIFICATION AP TanN
FOR NATIONWIDE PERMITS THAT REQUIRE:+
1) NOTIFICATION TO THE CORPS OF ENGINEERS JUL j9C
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MAN G N'7ZVEF NOS0
WATER UPU?y GRC l l 5 i1
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
0) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
.l. OWNERS NAME: do 6A
?. MAILING ADDRESS:

CITY: STA
CC,
3ION NAME:
ZIP CODE:
1. ? Z f
PROJECT LOCATION ADDRESS, INCLUDIN?F7B1 Ol
MAILING ADDRESS ABOVE):
NAME (IF DIFFERENT FROM
3. TELEPHONE NUMBER (HOME) (WORK) : (-* S%-?&S9
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: t?/?yL,GIS w <C?? NEAREST TOWN OR CITY: 13U Gt //69
SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.) /X/rL-A4'e'r-l / V O P 5_7R /Y/3 ? ?••,u Cl?trd-X eO)
-Al I Y 0-
?, e Lam'- , p cc i . ?GY?C- LZ ` , l??' ?? 104.4 ecy z A-o . d?
6. IMPACTED OR NEAREST STREAM/RIVER:
RIVER BASIN:
-f?pL-?
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA), HIGH QUALITY WATERS (HQW), OUTSTAND?YNG RESOURCE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-II)? YES [ ] NO [ IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO [",,/
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST
OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
?C k U'L -
8a. HAVE ANY SECTION 404 PER TS B•EE PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES ( ] NO [IF PROVIDE ACTION I.D. NUMBER OF
PREVIOUS PERMIT AND ANY ADDITIGpk ATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION): 8b. ARE ADDITIONAL PER T R
FUTURE? YES [ ] NO [ IF
FOR THIS PROPERTY IN THE
TICIPATED WORK:
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: / <. Y / '0C
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
3, S A-c
10a. NUMBER OF ACRES•OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING:
FLOODING:
DRAINAGE:
EXCAVATION:
,. }???C PD /? f7
OTHER:
TOTAL ACRES TO BE IMPACTED: ?^ /Itc
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DIST CE BOTH BEFORE AND AFTER RELOCATION):
LENGTH BEFORE: 111114 FT AFTER: FT
WIDTH BEFORE (based on normal. high water contours): FT
r'
r
WIDTH AFTER:
FT
AVERAGE DEPTH BEFORE: FT AFTER: FT
(2) STREAM CHANNEL IMP C S WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: ? PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION:
OTHER:
CONSTRUCTION OF A DAM/FLOODING:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE
WATERSHED DRAINING TO THE POND? 15- AM
WHAT IS THE EXPECTED POND SURFACE AREA? 3 /,
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED (ATTACH PLARS:,,,4 l/2" X 11" DRAWINGS ONLY):
oAi 44 °?-eft fro L?' C Lam"
y
Y Tyr A?
13. PURPOSE OF PROPOSED WORK: 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED

OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS):
_?c.r.??> c_ m cr9-?`io M ?s eT<v%U e? 7? ?`.h,.ti?i.L1 ?.?-??2 S•?C?--?
15. YOU ARE REQUIRED TO CONTACT
AND/OR NATIONAL MARINE FISHERIES
SHEET) REGARDING THE PRESENCE OF
LISTING ENDANGERED OR THREATENED
AREA THAT M Y BE AFFECTED BY THE
?'.v , k A
THE U.S. FISH AND WILDLIFE SERVICE (USFWS)
SERVICE (NMFS) (SEE AGENCY ADDRESSES
ANY FEDERALLY LISTED OR PROPOSED FOR
SPECIES OR CRITICAL HABITAT IN THE PERMIT
PROPOSED PROJECT. DATE CONTACTED: A,&e- 7) 'A4044coti-o/
(ATTACH RESPONSES FROM THESE AGENCIES.)
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC

PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED B THE PROPOSED
PROJECT. DATE CONTACTED:
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES [] NO (IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL
POLICY ACT?
YES [ ] NO [ ]
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [ ] NO [ ]
IF ANSWER TO 17b IS YES, THEN SU ITn? PROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION ,NE, V,",],ONMENTAL MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROL'NONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CIs ?G„E REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DI, Ot' ;TATE CLEARINGHOUSE, NORTH CAROLINA
PARTMENT OF TION, 116`GST ),ES STREET, RALEIGH, NORTH
CAR 27603-8003, TELEPHO (919) 73' 169.
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO
WETLANDS:
tea. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES
AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 181, 21, 26,
29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST
BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH
EQUALS 100 FEET OR THEIR EQUIVALENT.
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. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUI ED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY? _7fjt???(RLr?C/?(:r-/???
?
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
S:e a
7? 36 Z v -Tc o o 17ec-&
mw
v49 .
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE U. S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF
ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM.
y 1
G"wM `off
WNER'S/AGENT'S SIGNATURE
(AGENT'S SIGNATURE VALID ONL-0," ?
IF AUTHORIZATION LETTER FR `
THE OWNER IS PROVIDED (18g`„..,

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF
August 27, 1996
Regulatory Branch
Action ID No. 199603916 and Nationwide Permit No. 26
Mr. John M. Pucci
368. Town Creek Road, N.E.
Leland, North Carolina 28451
Dear Mt. Pucci:

Reference your application of July 24, 1996, for Department of the Army
(DA) authorization to clear and drain approximately 3.2 acres of wetlands for
pasture and excavate 0.3 acre of wetlands for a pond, above the headwaters of
Town Creek, on your property located at the intersection of SR 1413 an SR 1412
near Bolivia, Brunswick County , North Carolina.
For the purposes of the Corps;;;' ineers' Regulatory Program, Title 33,
Code of Federal Regulations (CF' 0..6,.published in the Federal
Register on November 22, 1991,-i { nwide permits. Authorization,
pursuant to Section 404 of the,C r Act, was provided by Nationwide
aw
Permit No. 26 for discharges of,, fill material into headwaters and
isolated waters.
Your work, sited in the coastalrea';`is authorized by this nationwide
permit provided it is accomplished=in strict accordance with the enclosed
conditions and any required State authorization. A consistency determination
is required from the North Carolina Division of Coastal Management (NCDCM)
Contact Mr. Steve Benton, telephone [phone] for this consistency
determination. A Section 401 water quality certification.,is required from the
North Carolina Division of Water Quality. Contact Mr. John Dorney, telephone
[phone] for this certification. This nationwide permit does not relieve
you of the responsibility to obtain other required State or local approval.
This verification will be valid until the nationwide permit is modified,
reissued or revoked, which will occur prior to January 21, 1997. It is
incumbent upon you to remain informed of changes to the nationwide permits,
which will be announced by public notice when they occur. If you commence, or
are under contract to commence, this activity before the date the nationwide
permit is modified or revoked, you will have twelve months from the date of
the modification or revocation, to complete the activity under the present
terms and conditions of this nationwide permit.

.4
Questions or comments may be addressed to me at [phone].
Sincerely,
Michael L. Hosey
Regulatory Specialist
Enclosure
Copies Furnished (without enclosure):
Mr. John borney
r)6vision;of Environmental Management
V ? jLIOrth Carolina Department of
V Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh,. North Carolina 27607.
Mr. Bob Stroud, District Manage
Wilmington Regional Office s, ..
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 2840
y?
2