19960880 Ver 1_COMPLETE FILE_19960909

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt,Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
LT.WYWA
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10
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October 30, 1996
Duplin County
DWQ Project # 960880
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Derwood Rivenbark
Rivenbark Construction and Realty Co.
5429 NC 41 South
Wallace, NC 28466
Dear Mr. Rivenbark:
You have our approval to place fill material in 1.0 acres of wetlands or waters for the purpose of
constructing a road crossing to a residential subdivision at NC 41 East near I-40, as you described in your
application dated 10 September 1996. After reviewing your application, we have decided that this fill is
covered by General Water Quality Certification Number 2671. This certification allows you to use
Nationwide Permit Number 26 when it is issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application except as
modified below. 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
and any additional conditions listed below. A culvert shall be installed under the road, the parallel roadside
ditches shall be plugged at each end to prevent wetland drainage and deed restrictions or conservation easements
shall be placed in all lots with remaining wetlands to prevent future fill. In addition, you should get any other
federal, state or local permits before you go ahead with your project including (but not limited to) Sediment
and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations.
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. 276 1 1-7447. 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 Domey at 919-733-1786.
Sincerely,
UIA_
re on Howard, Jr. P. .
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
Mr. John Dorney
Central Files
Bennett Wynne, WRC
960880.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Aff irmative Action Employer • 50% recycled/10% post consumer paper
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MEMORANDUM SEp z u ?QqF ?J PRINT NAMES :
Reviewer: f?-
TO: JOHN DORNEY WQ SUPV.: ?, 4
ENVIRONMENTAL SCT'EIQCRS"-BR-"EH DATE : j s
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) :;*.',
PERMIT YR: 96 PERMIT NO: 0000880 COUNTY: DUPLIN
APPLICANT NAME: RIVENBARK CONSTRUCTION & REALTY
PROJECT TYPE: RESIDENTIAL RD&LOT PERMIT-TYPE: NW26
COE #: DOT #:
RCD_FROM _CDA: APP DATE_FRM_CDA: 09/10/96
REG OFFICE: WIRO
RIVER AND SUB BASIN J: 030615
STREAM_CLASS : ?C? -
WL_IMPACT? : cY?/ N
STR INDEX N0: 18-31-24-(1)
WL TYPE : 17q-r
WL_ACR_EST?:O)q
WATER IMPACTED BY FILL?: (Y-IN
MITIGATION-TYPE: / ;1?
C7,
r ? f
,y
WL_REQUESTED:
WL_SCORE M :
MITIGATION?: Y/0
MITIGATION_SIZE: r Ig-
DID YOU REQUEST MORE INFO?: Y
IS WETLAND RATING SHEET ATTACHED?: Y0
HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?: Y/N
RECOMMENDATION (Circle One) ISSUE SUE/COND DENY
COMMENTS:
2c: Regional Office
Central Files
DEM ID: U t l ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #):
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
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES RECEIVED
P.O. Box 29535 ?.y
Raleigh, NC 27626-0535 l jE" 10 1"6
ATTN: MR. JOHN DORNEY -
Telephone [phone] ENVIRONMENTAL SCIENCES
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF 06NEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
.1.00wners Name: (,vP<I a,P 1 ('0"J.5 vc 11io< "g.' d &i,?n??Y??U?,?dA.P/(
2. `Owners Address:'- - 1? hi'. C `7?? DSO cif
3. Owners Phone Number (Home): 7 / r - -? so5 •.,? 19 y 9 (Work): _
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
5. Location of work (MUST ATTACH MAP). County: c hI
Nearest Town or City: Ll zlq L P Ivy, C
Specific Location (Include road numbers, landmarks, etc.):_,(c?C?7?f'c? C L?,e 1 ,J?1 a A.
-?
1_P ?v.A114CP 4AiV4 mac.f t---p ;L, /"? Jar- Yc? ld,0- TT
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Name of Closest Stream/River:
7. River Basin:
.(

8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO [.
OHave any Section 404 permits been previously requested for use on this property? YES >( NO [ ]
If yes, explain. 1 AC:\ ? ZF; 1 MRV- k .
10. Estimated tokal number of acres of waters of the U.S., including wetlands, located on project site:
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled:
Drained:
Flooded:
Excavated:
Total Impacted:
LS )U.S. 071) 71 KM R
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id.
County _
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
??-y\
Property owner
?Z_
Address
Telephone No. ,:? L 7-t?"5' Z 1
Size and Location of project (water body, road name/number, town, etc.)
rP
-C2V?
Description of Activity
Applicable Law: Section 404 (Clean Water Act, 33 U.S.C. 1344)
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: -Regional General Permit Number.
WZCQ Nationwide Permit Number?Z(D _y -TU"Tf1t. W67LA6J?
1-? PAC-R - W ?L- -vt LL Ch1-It R6
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Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished
in strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section
404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401 water
Le. . Division of Envi o telephone 919)) 733-1786.. For any
ualit certificat'
activity within the t
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions
of the RGP or the NWP referenced above may subject the permittee to a stop wok order, a restoration order, and/or
appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain
any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State
and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide
Permit, please contact the Corps Regulatory Official specified below.
Date n -Ai
Corps Regulatory Official -Telephone No. __610:i _Z.,l _wo
Expiration Date of Verification
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST
BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
CESAW Form 591
Revised July 1995
/
.91
44*4
North Carolina Wildlife Resources Commission
512 N. Salisbury Strect, Raleigh, North Carolina 27611, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John Dorney
Division of Water Quality
FROM: Bennett Wynne ?ttil
Habitat Conservation Section
DATE: October 17, 1996
SUBJECT: 401 Water Quality Certification for Rivenbark Construction and Realty, Inc., NC
41 south, near Wallace, Duplin County, North Carolina. DEM ID 960880.
North Carolina Wildlife Resources Commission staff provide the following comments in
accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended;
16 U.S.C. 661-667d), Section 401 of the Clean Water Act (as amended), and North Carolina
General Statutes (G. S. 113-131 et seq. ). A site visit was made on October 16, 1996.
The applicant is seeking certification to construct a road through a wetland to further
develop a subdivision. Direct adverse impacts would occur to approximately 1 acre of what
appears to be headwater wetlands, although ditches associated with the road could affect a much
larger area. Residential and agricultural areas are adjacent to project wetlands. The wetland plant
community includes black gum, red bay, American holly, red maple, sweet gum, water oak, pine,
and gallberry. Good habitat for raccoon, opossum, white tail deer, gray squirrel, and songbirds
occurs at the site. Water quality protection functions are also provided.
Arriving at the site, we found the road had already been constructed through the wetland.
Also, a lateral ditch had been dug adjacent to the wetland that has likely altered wetland
hydrology. To minimize further adverse impacts to wetland resources providing quality wildlife
habitat, we recommend that no additional wetland filling or ditching be allowed for the life of the
project. This should include deed restrictions for individual lot owners preventing the future
filling of wetlands. A culvert should be installed in the road to provide a hydraulic connection

Rivenbark Construction & Realty 2 October 17, 1996
between the bisected wetland areas. In addition, we suggest that the existing lateral ditch be
plugged.
Thank you for the opportunity to comment. Please call me if you have questions at (919)
522-9736.
cc: s:\boatfish\habcon\coast\d2 (401Riven.doc)
E DEM ID: ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #):
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 MANAGEMENT
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, )HEALTH,
P.O. Box 1890 AND NATURAL RESOURCES ?
Wilmington, NC 28402-1890 P.O. Box 29535
ATTN: CESAW-CO-E Raleigh, NC 27626-0535 l'
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.?0wnersName: ic1e,0LQ'rt ?nr?s{?v<l/os d? ? ?a T iY ??^????,,?f/? ,?l?iy,P/??LJ rF
2. 'Owners Address:
C `//
3. Owners Phone Number (Home): REi?tweD
r 25 y (Work):
4. If Applicable: Agent's name or responsible corporate official, address, phone number: ,rp Q. 19
pt:??,?.NTAL ??NCFS
S: Location of work (MUST ATTACH MAP). County:
Nearest Town or City: b( 1A // /7 - e C ,
Specific Location (Include road numbers, landmarks, etc.):
/6. Name of Closest
7. River Basin:
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II?
Have any Section 404 permits been previously requested for use on this property?
YES [ ] NO
YES >' NO [
If yes, explain. 1 AC(ZF> lt?(?\?_
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled:
Drained:
Flooded:
Excavated:
Total Impacted:
DEM ID:
608Qr3
ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #):
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
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES DECEIVED
P.O. Box 29535
Raleh, NC 27626-0535
ATTN: MR. JOHN DORNEY 01996
Telephone [phone] ENVJRpNMENTALSCIEWES
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE COIFM"& ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. #Owners Name: Lo P 'ak d f ,???^u?ao?? U?',?6A.P?? L??
2. Owners Address: 1c
Owners Phone Number (Home): y / r ` ,? S,S ' ;? g Y /) (Work):
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
5. Location of work (MUST ATTACH MAP). County: Aoo /, V
Nearest Town or City: P lv? C
Specific Location (Include road numbers, landmarks, etc.): 1, r6'k11 ?V / T`?? 9 S7?
Name of Clo:
7. River Basin:
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO [.?
OHave any Section 404 permits been previously requested for use on this property? YES NO [ ]
If yes, explain. I faC?ZF Il" : V l
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled:
Drained:
Flooded:
Excavated:
Total Impacted:
'.LS (US. 421) 21 KMT
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id.
County
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Y?l?f?
Property owner
Address -JA
Telephone No.
Size and Location of project (water body, road name/number, town, etc.)
Applicable Law: y Section 404 (Clean Water Act, 33 J.S.C. 1344)
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: -Regional- General Permit Number.
Nationwide Permit Numbe?2(? C (i`Tftl 1?1??1 l`?1??
7t R6
w/ i >J - W u-L- -'t LL
Your work is authorized by this Regional General (RGP) or Na innwidg Permit (NWP) provided it is accomplished (?C2L
in strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section
404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401 water
uali certificat' Division of Enviro gement. t le hone 919) 733-1786.. For any
activity within the t
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions
of the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or
appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain
any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State
and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide
Permit, please contact the Corps Regulatory Official specified below.
Date .41? -?
q co
Corps Regulatory Official Telephone No.
Expiration Date of Verification
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST
BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
CESAW Form 591
Revised July 1995
Description of Activity '('t14C'?Y 1CZeC ?C `C?- C WY- - ? --