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HomeMy WebLinkAbout19920675 Ver 1_COMPLETE FILE_19930120jk- ;--'6 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO February 5, 1993 Regulatory Branch Action ID. 199201862 Mr. James F. Shimpach, President Chicamacomico Banks Fire Department Post Office Box 147 Rodanthe, North-Carolina 27968 Dear Mr. Shimpach: By copy of the North Carolina Division of Coastal Management correspondence addressed to you, dated November 24, 1992, we have learned that your proposal to place fill material in 0.02 acre of 404 wetlands on property owned by the Chicamacomico Banks Fire Department, located off the east side of Highway 12, adjacent to the North Drain, Rodanthe, Dare County, North Carolina, has been determined to be inconsistent with the Dare County Land Use Plan and the North Carolina Coastal Management Program. Therefore, under the administrative rules of our regulatory program, we cannot give favorable consideration to issuance of Federal authorization. Accordingly, your Department of the Army application is hereby denied, without prejudice, and your file has been retired. Further consideration for Department of the Army authorization must await your successful appeal of the findings of inconsistency with the North Carolina Division of Coastal Management. After you have satisfied the Dare County Land Use Plan and the North Carolina Division of Coastal Management, we will reconsider your application for Federal authorization. Thank you for your time and cooperation. If you should have any questions concerning this matter, please contact Mr. Raleigh W. Bland at the Washington Regulatory Field Office, Post Office Box 1000, Washington, North Carolina 27889-1000, or telephone (919) 975-3694. Sincerely, G. Wayne Wright Chief, Regulatory Branch { . . w -2- Copies Furnished: U.S. Environmental Protection Agency - Region IV Wetlands Regulatory Unit 345 Courtland Street, N.E. Atlanta, Georgia 30365 Mr. David Griffin, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 U.S. 17 South Elizabeth City, North Carolina 27909 Mr. John Parker North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 44'r. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 J SWE State of North Carolina Department of Environment, Health, and Natural Resources 512 North Salisbury Street a Raleigh, North Carolina 27604 James B. Hunt, Jr., Governor January 28, 1993 Mary Helen Goodloe-Murphy Chiramacomico Banks Fire Department Post Office Box 147 Rodanthe, North Carolina 27968 Dear Ms. Goodloe-Murphy: Subject: Proposed Fill Dare County DEM Project # in Wetlands or Waters 92675 Jonathan B. Howes, Secretary Upon review of your request for Water Quality Certification to place fill material in 0.07 acres of wetlands or waters in North Drain for parking and training areas located at Hwy. 12 in Dare County, we have determined that the proposed fill can be covered by General Water Quality Certification No. 2733 issued January 21, 1992. A copy of the General Certification is attached. This Certification may be used in qualifying for coverage under Corps of Engineers' Nationwide Permit No. 18. The fill shall be no more than 7.2 inches deep in order to comply with the conditions of NW Permit # 18. If you have any questions, please contact John Dorney at 919/733-1786. Sincerely, Q reston Howard, Jr. P.E. APH:JD Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DEM Regional Office Mr. John Dorney Central Files P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-4984 Fax # 919.733-0513 An Equal Opportunity Affirmative Action Employer MEMORANDUM 0 0 U N TQ : John Dorney t g a' Planning Branch SUBJECT: WETLAND STAFF REPORT AD RFAWWRI WS ***EACH ITEM MUST BE ANSWERED (N/A-NOT APPLICABLE)*** INITIALS: Reviewer WQ Supv : Date: PERMIT_YR: 92 PERMIT-NO: 0000675 COUNTY: DARE APPLICANT NAME: CHICAMACOMICO BANKS FIRE DEPARTMENT PROJECT-TYPE: PARKING PERMIT_TYPE::`NW18 COE_#: 199201862 DOT-#: RCD_FROM CDA: APP DATE_FRM_CDA: ;1412/92 REG_OFFICE: WA 0 © f RIVER AND_SUB_BASIN_#: `IJ,4S 06 STREAM_CYeL?-ASS : S STR._INDEX_NO : 99-(7) WL_IMPACT?: /ON WL_REQUESTED: l/ /.25_AfjN- HYDRO _CNECT?: ®N MITIGATION?: Ye WL_TYPE: WL_ACR_EST?: YIN WL_SCORE(#): MITIGATION-TYPE: MITIGATION SIZE: IS WETLAND RATING SHEET ATTACHED?: YIN RECOMMENDATION (Circle One): ISSUE 6i/EOND DENY COMMENTS: ? 6 Q .Q 0,0 cc: Regional Office Central Files CHICAMACOMICO BANKS FIRE DKIPARTMENT P. O. Pox , .odanthe, N .C. ? 19685 Wilmington District Engineer Cotes of Engineers Depart:Herat of the Army P. D. Box 1890 Wilmington, NC 2840'-"-1890 ATTN, CES AW-CO-E Water Quality Planning Division of Environmenta'" h%fariaget-cent NC Debt. of Environment, Healtla &. Natural Resources P.O. Box 29335 Raleigh, NC '-?7626-0333 TTN: Mr. John Dorne .T Enclosed please find our application for Nationwide Permit. No. 18 to apply not more than 23 cubic feet of fill material to a portion of delineated wetlands on our fire department property in Rodanthe, Nortia Caroiitaa. Please contact N-lary Helen Goodloe-Murphy, 919-987-2656., -with any questions regal°ditag this ap ,p icat-kwn or to a3=range a site visit. Sitacerely, /James F.Shi:npach Enclosures cc: U.& Fish & Wildlife, Manteo State Historic Preservation Office, da leiba e? DEM ID: _ NATIONWIDE ( z 675- ACTION ID: 199201862 PERMIT APPLIED FOR (PROVIDE NATIONWIDE PERMIT #): 18 JOINT APPLICATION FORM FOR NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO CORPS OF ENGINEERS NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL 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 (919) 251-4511 WATER QUALITY PLANNING DIVISION OF ENVIRONMENTAL MANAGEMENT NC DEPARTMENT OF ENVIRONMENT +? AND NL RESOU ? fa % Q U ? j? P.O. BOX 29535 RALEIGH, NC 27626-053 D U?v ATTN : MR. JOHN DORNEYV 1 2 Telephone (919) 733-50 ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVIS ENVIRONMENTAL MANAGEMENT. PLEASE PRINT. 1. OWNERS NAME: Chicamacomico Banks Fire Department 2. OWNERS ADDRESS: P.O. Box 125, Rodanthe, NC 27968 3. OWNERS PHONE NUMBER (HOME): (WORK) : 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Mary Helen Goodloe-Murphy, Secretary P.O. Box 147, Rodanthe, NC 27968 919-987-2656 5. LOCATION OF PLANNED WORK (ATTACH MAP). COUNTY: Dare NEAREST TOWN OR CITY: TT SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMAJ S,RodaAl* Near intersection of Atlantic Drive and Hwy. tfie 6. NAME OF CLOSEST STREAM/RIVER: North Drain 7. RIVER BASIN: Pamlico Sound 8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW, WS I, OR WS II? YES [x] NO [ ] 9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [ ] NO' [x] IF YES, EXPLAIN. _ 10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, LOCATED ON PROJECT SITE: less than one-half acre total wetlands 3/30/92 EIQ 32i????1NOIS 76/a£/4 8 11316?- L 14,11- L'IBSOdSIQ 39dM3S 30 QOHISW Q3SOdOHd SI LVHM ' 319VOIlddd 3I *3 Nied iu@wasnwV U18WHd ONIQNf10MS 30 3Sfl QNd'I SI IVHM '3' ' Xdoo HOVIIV ' Z03rO8d SIHI H03 Q32iI OSE SI NV Id INSW3DVNdW U31VMWUOIS V 3I ' Q 'SNIT NOIIVSNI13G 3HZ 30 lN3W20H'Id 3HZ OZ SNVA313H S1,33HS VIVG IIV 3Qf1'I0NI ' ZNVI InSNOO V X8 Q3WUO2H3d SLIM NOIIVSNI13C 91 *3 ' ZOS!'Oud A8 Q313VdWI 38 01 SGNV I13M 30 HdVHDOIOHd 3AI VIN3S32i H ' 3'I8V'IIVAV 3I *8 XIMUOU 3HZ NO SUV I QNV `SWH3H S `SQNVI13M I'IV ONIMOHS dVW NOIZd3NI13Q GNVI13M 'V : W3Q X8 GEUIM38 NOIIVWUOSNI IVNOIZIQQd 'LL Sd2i0O OZ Q3GHVMU03 38 GlnOHS OdHS 3HI W083 MUSH ( l ON [XI S3X LOS 3NOQ nOX 3AdH LZOSI'0U Q3SOdO8d 3HZ Xg Q310333V 38 XVlq HOIHM V3HV IIWH3d 3HZ NI 93II83dO8d 0IHO SIH 30 3ON3938d 3HI ONIGUV03U (OdHS) 830IS20 NOIIVAH3S3Hd OIHOISIH 31VIS 3HZ 13VINOO 01 Q32 M03H 32iII nOX *9L Sd2i0O 01 Q3GUVMN03 38 GlnOHS SSWN UO/QNH SMSS11 3HZ WOII3 S3SNOdSSU [ l ON [XI S3A LOS 3NOQ f107, 3AVH ' ZO3I'OUd Q3SOdOHd 3HZ A8 Q3,LO333V 38 XVW IVHZ 63UV ZIW2H3d 3HZ NI IVIISVH IVOIIIHD HO SSI03dS Q3N3Zd38HI HO Q383ONVGN3 ONIZSI'1 HOA Q3SOdO8d 80 Q31SI'I MV93Q33 ANd HO 3ONSMUd SHI ONIMMU (S3WN) 3OIAUSS S3IHSHSI3 3NIHVW IVNOIIVN HO/QNV (SM3Sf1) 30IAU3S 33I'IQQIM QNd HSI3 ' S' f1 3HZ 10VINOO OZ QSHMOSH SHV A0X *9L •PaquETd pus p@Spanooua U0TjUja2aA Ts.znlsN •auTT spusTlaM 3uoTs paosTd ag of uaajoq •aoETd ut :jTaT UOTIPJa`daA 'uzsaR gJ10M $uoTV •uotsusdxa pus 3uzuis.z- '2utxasd ioj Awadoid jo uoiijod >Iosq o: ssaoos p ITUET uzs3 aM ?,'uo10u,, Bu-ETTTj gig 'S.LOVdWI GNVI13M 3ZIWINIW OZ N3Xd1, S3HfISH3W 31ON `OS'IV 'SQNV'IZ3M NI MIO Q3I2i2iI1O 38 LSfIW XZIAIIOV SIH,L IVHI SMI138 INVOIlddV 3HZ THM SNOSIl38 SIVIS 'ttL •uozsusdxa AITTTou aTgzssod pus sans 3uzuzsaq pus guTNjed joj Xgjadozd jo asn aZTIUTXaw o1, :MOM Q3SOdoud 30 3Soaund ' £ L 'IsTd pagoslgs uo uMous se fA agzsoddo -juiod pus Sg '+7g '£g squzod Aq papunoq qaa$ @isnbs SZj'j olut TstaaIsw TTTJ Jo ag.zsuostp IOUTW : (SNII'Id HOV1„ 0 XHOM Q3SOWH 30 NOIZdIHOSSQ *2L : Q3ZOddWI Id1A,L : Q3IVAV3X3 : Q3Qoo'I3 : Q3NIVUG • ij • bs SZ I ` I = ' qj SZ x ' qj g'7 ' Q3'I'II3 :,LOSI'02Id Q3SOd02id 3HZ A8 Q31DURI `SGNV I13M ONIQf1'IONI ' ' S' n 3HZ 30 SEEM 30 SHOV 30 H38WAN ' L L -Z- A?AA7Fo- State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management Highway 17 South • Elizabeth City, North Carolina 27909 James G. Martin, Governor William W. Cobey, Jr., Secretary November 24, 1992 CERTIFIED MAIL Roger N. Schecter Director Mr. James F. Shimpach President Chicamacomico Banks Fire Department ,2- P. O. Box 147 Rodanthe, NC 27968 WEIUNDS GR55 RE: Action ID 199201862, Nationwide Permit No. 26 Application for an activity located in Dare County. Dear Mr. Shimpach: The North Carolina Division of Coastal Management has reviewed the above referenced application for a Nationwide Permit No. 26 dated November 8, 1992 (received November 17, 1992) 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 inconsistent with the North Carolina Coastal Management Program. Therefore in accordance with 15 CFR 930.65 and 33 CFR 320.40), you are not authorized to proceed with the work proposed. Specifically, the proposal is inconsistent with the special development standards for the Conservation Land Class in the 1987 Dare County Land Use Plan. These standards indicate that: . "Development or alteration of land, including the construction of single family residences on suitable land, is appropriate within conservation areas where it can be shown that "the proposed development will not destroy or irretrievably alter (a) wetlands..."". The activity proposed in this permit application (wetlands fill and no mitigation) is clearly inconsistent with the County's land use plan as noted above, and is therefore inconsistent with the North Carolina Coastal Management Program. It should be noted that a structure built on piling over 404 wetland, Route 6 Box 203, Elizabeth City, North Carolina 27909 Telephone 919-264-3901 An Equal Opportunity Affirmative Action Employer J at + Mr. James F. Shimpach, President November 24, 1992 Page Two bridging over 404 wetland, or the use of oak mats on 404 wetland would meet the Dare County land use plan requirements, and that other wetland fills appropriately mitigated have previously been found to be consistent with the Dare County Land Use Plan. We will be happy to reconsider our position should your proposal be modified such that the project is no longer inconsistent with the above listed policies. Please feel free to contact me at (919) 264-3901 at your earliest convenience to discuss possible modifications or alternatives. If you disagree with our finding, you have the right to appeal our decision to the Secretary, U.S. Department of Commerce, Washington, DC. The appeal must be filed within thirty (30) days of receipt of this letter and must specifically address one of the following findings: That although the project currently is inconsistent,. it may be federally approved because; 1) The activity is consistent with the objectives or purposes of the Federal Coastal Zone Management Act; or, 2) Is necessary in the interest of national security. Mr. Steve Benton of the North Carolina Division of Coastal Management in Raleigh, NC is available to discuss the appeal procedures and to provide assistance if needed in filing an appeal. He can be reached at (919) 733-2293. , Sincerely, W-"? P?' 4 - -- - -, David R. Griffin District Manager DRG/dc cc: Roger N. Schecter, Director NC Division of Coastal Management Preston P. Pate, Jr., Assistant Director NC Division of Coastal Management Steve Benton, Consistency Coordinator NC Division of Coastal Management Wilmington District Engineer (CERTIFIED) ATTN: CESAW-CO-E Ms. Trudy Coae, Director (CERTIFIED) US Department of Commerce, OCRM Washington, DC 20235 To.hz Dorney, Water Quality Section NC Division of Environmental Management Mary Helen Goodloe-Murphy, Secretary Chicamacomico Banks Fire Department . t7 ? + ?Aan State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management Highway 17 South • Elizabeth City, North Carolina 27909 James G. Martin, Governor Roger N. Schecter William W. Cobey, Jr., Secretary November 24, 1992 Director CERTIFIED MAIL Mr. James F. Shimpach, President Chicamacomico Banks Fire Department P. O. Box 147 Rodanthe, NC 27968 RE: Action ID 199201862, Nationwide Permit No. 18 Application for an activity located in Dare County. Dear Mr. Shimpach: The North Carolina Division of Coastal Management has reviewed the above referenced application for a Nationwide Permit No. 18 dated September 30, 1992 (received November 17, 1992) 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 inconsistent with the North Carolina Coastal Management Program. Therefore in accordance with 15 CFR 930.65 and 33 CFR 320.40), you are not authorized to proceed with the work proposed. Specifically, the proposal is inconsistent with the special development standards for the Conservation Land Class in the 1987 Dare County Land Use Plan. These standards indicate that: "Development or alteration of land, including the construction of single family residences on suitable land, is appropriate within conservation areas where it can be shown that "the proposed development will not destroy or irretrievably alter (a) wetlands..."". The activity proposed in this permit application (wetlands fill and no mitigation) is clearly inconsistent with the County's land use plan as noted above, and is therefore inconsistent with the North Carolina Coastal Management Program. It should be noted that a structure built on piling over 404 wetland, Route 6 Box 203, Elizabeth City, North Carolina 27909 Telephone 919-264-3901 An Equal Opportunity Affirmative Action Employer 0 .. AV e"• . Mr. James F. Shimpach, President November 24, 1992 Page Two bridging over 404 wetland, or the use of oak mats on 404 wetland would meet the Dare County land use plan requirements, and that other wetland fills appropriately mitigated have previously been found to be consistent with the Dare County Land Use Plan. We will be happy to reconsider our position should your proposal be modified such that the project is no longer inconsistent with the above listed policies. Please feel free to contact me at (919) 264-3901 at your earliest convenience to discuss possible modifications or alternatives. If you disagree with our finding, you have the right to appeal our decision to the Secretary, U.S. Department of Commerce, Washington, DC. The appeal must be filed within thirty (30) days of receipt of this letter and must specifically address one of the following findings: That although the project currently is inconsistent, it may be federally approved because; 1) The activity is consistent with the objectives or purposes of the Federal Coastal Zone Management Act; or, 2) Is necessary in the interest of national security. Mr. Steve Benton of the North Carolina Division of Coastal Management in Raleigh, NC is available to discuss the appeal procedures and to provide assistance if needed in filing an appeal. He can be reached at (919) 733-2293. Sincerely, David R. Griffin District Manager DRG/dc cc: Roger N. Schecter, Director NC Division of Coastal Management Preston P. Pate, Jr., Assistant Director NC Division of Coastal Management Steve Benton, Consistency Coordinator NC Division of Coastal Management Wilmington District Engineer (CERTIFIED) ATTN: CESAW-CO-E Ms. Trudy Coae, Director (CERTIFIED) US Department of Commerce, OCRM Washington, DC 20235 John, Wortley,, Water Quality Section. NC Division of Environmental Management Mary Helen Goodloe-Murphy, Secretary Chicamacomico Banks Fire Department DEM ID: q175' NATIONWIDE PERMIT APPLIED FOR (PROV NO COMMENT (Due to time constraints and staffing limitations, we are unable to gather the inrormation necessary for providing comments. This poritaon implies neither approval nor di:TWNva.IIIDt the p95Mj862 )ATIONWID MIT 4i:): 18 JOINT APPLICA // NATIONWIDE PERMITS THAT REQUIRE NOT h a IV %.1VL1IQ ie rc C NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL 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 (919) 251-4511 WATER QUALITY PLANNING DIVISION OF ENVIRONMENT NC DEPARTMENT OF ENVIROJ AND NATURAL RESOURC P.O. BOX 29535 RALEIGH, NC 27626-0535 ATTN: MR. JOHN DORNEY Telephone (919) 733-508 IVOM1t 1219AQ ? ? : ?'. 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 ;1 ??29?C ENVIRONMENTAL MANAGEMENT. PLEASE PRINT. y?, 1. OWNERS NAME: Chicamacomico Banks Fire Department 2. OWNERS ADDRESS: P.O. Box 125, Rodanthe, NC 27968 3. OWNERS PHONE NUMBER (HOME): (WORK): NO 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Mary Helen Goodloe-Murphy, Secretary P.O. Box 147, Rodanthe, NC 27968 919-987-2656 5. LOCATION OF PLANNED WORK (ATTACH MAP). COUNTY: Dare NEAREST TOWN OR CITY: TT SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LpNDMAnS,RESC.)l: Near intersection of Atlantic Drive and Hwy. , 6. NAME OF CLOSEST STREAM/RIVER: North Drain 7 RIVER BASIN: Pamlico Sound 8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW, WS I, OR WS II? YES [X] NO [ ] 9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [ ] NO' [x] IF YES, EXPLAIN. 10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, LOCATED ON PROJECT SITE: less than one-half acre total wetlands 3/30/92 M DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO December 22, 1992 Regulatory Branch Action ID. 199201862 and Nationwide Permit No. 26 (Headwaters and Isolated Waters) Ms. Mary Helen Goodloe-Murphy Chicamacomico Banks Fire Department Post Office Box 147 Rodanthe,.North Carolina 27968 Dear Ms. Goodloe-Murphy: uu l"3 l5 l1 tl - i `?_ jAN -- 71993 WETLANDS GROUP kTER QUALITY SEC?':' Please reference your onsite meeting on April 21, 1992, with Mr. Raleigh Bland of my staff and your subsequent request of November 8, 1992, for Department of the Army authorization to place fill material in 0.07 acres of 404 wetlands on property owned by the Chicamacomico Banks Fire Department, located off the east side of Highway 12, adjacent the North Drain, Rodanthe, Dare County, North Carolina. For the purposes of the U.S. Army Corps of Engineers' Regulatory Program, Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the Federal Register on November 22, 1991, lists nationwide permits. Authorization was provided, pursuant to Section 404 of the Clean Water Act, for discharges of dredged or fill material into headwaters and isolated waters provided: a. the discharge does not cause the loss of more than 10 acres of waters of the United States; b. the permitee notifies the District Engineer if the discharge would cause the loss of waters of the United States greater than one acre in accordance with the "Notification" general condition. For discharges in special aquatic sites, including wetlands, the notification must also include a delineation of affected specific aquatic sites, including wetlands; and c. the discharge, including all attendant features, both temporary and permanent, is part of a single and complete project. Your work is authorized by this nationwide permit provided it is accomplished in strict accordance with the enclosed conditions. This nationwide permit does not relieve you of the responsibility to obtain any required State or local approval. N 4. -2- This verification will be valid for 2 years from the date of this letter unless the nationwide authorization is modified, reissued, or revoked. Also, this verification will remain valid for the 2 years if, during that period, the nationwide permit authorization is reissued without modification or the activity complies with any subsequent modification of the nationwide permit authorization. If during the 2 years, the nationwide permit authorization expires or is suspended or revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit will remain authorized provided the activity is completed within 12 months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend, or revoke the authorization. As discussed with Mr. Bland onsite, you should contact the following State agencies to obtain the required State authorizations prior to starting work: Mr. John Dorney, North Carolina Division of Environmental Management, telephone (919) 733-1786, and Mr. Steve Benton, North Carolina Division of Coastal Management, telephone (919) 733-2293. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Field Office, Regulatory Branch, telephone 919-975-3694. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure -3- Copies Furnished (without enclosure): Mr. John Parker North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and v Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. David Griffin, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 U.S. 17 South Elizabeth City, North Carolina 27909