20200422 Ver 1_Canterbury NWP 26 1995_20200326

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA28402-1890
January 12, 1995
Regulatory Branch
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Action ID No. 199301181 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
Ms. Margaret Barclay
C/O Prudential Carolina Realty
4130 Oleander Drive
Wilmington, North Carolina 28403
Dear Ms. Barclay:
Please reference your December 22, 1994, telephone conversation with
Mr. David Lekson of my staff regarding renewal of Department of the Army
nationwide permit authorization issued to you in a letter dated February 18,
1993, for work undertaken within wetlands on your property off of Canterbury
Road, in New Bern, Craven County, North Carolina.
For the purposes of the 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. -
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions and provided
you receive a Section 401 water quality certification from the North Carolina
Division of Environmental Management (NCDEM) and, in the coastal area, a
consistency determination from the North Carolina Division of Coastal
Management (NCDCM). You should contact Mr. John Dorney, telephone (919) 733-
1786, regarding renewal of your water quality certification, and Mr. Steve
Benton, telephone [phone], regarding renewal of their consistency
determination. This nationwide permit does not relieve you of the
responsibility to obtain other required State or local approval.
This verification will be valid for two years from the date of this
letter unless the nationwide authorization is modified, reissued or revoked.
This verification will remain valid for the two years if, during that period,
the nationwide permit authorization is reissued without modification or the
activity complies with any subsequent modification. If during the two 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 or are
under contract to commence, in reliance upon the nationwide permit, will
remain authorized. This is provided the activity is completed within twelve
months of the date of the nationwide permit's expiration, modification or
revocation.
Printed on Recycled Paper

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Thank you for your time and cooperation. Questions or comments may be
addressed to Mr. Mike Bell, Washington Field Office, Regulatory Branch,
telephone [phone].
Sincerely,
G_ e wrig t
'hie Regula ry Esranch
Enclosure
Copies Furnished (without enclosure):
Mr. Steve Benton
North Carolina Department of
Environment, Health and
Natural Resources
post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
post Office Box 29535
Raleigh, North Carolina 27626-0535
Mr. Charles Jones
Morehead City Regional office
North Carolina Division of
Coastal Management
post Office Box 769
Morehead City, North Carolina 28557
s

GENERAL CONDITIONS
1. Navigation. No activity may cause more than a minimal adverse effect on
navigation.
2. Proper Maintenance. Any structure or fill authorized shall be properly
maintained, including maintenance to ensure public safety.
3. Erosion and Siltation Controls. Appropriate erosion and siltation
controls must be used and maintained in effective operating condition during
construction, and all exposed soil and other fills must be permanently
stabilized at the earliest practicable date.
4. Aquatic Life Movements. No activity may substantially disrupt the
movement of those species of aquatic life ,indigenous to the waterbody,
including those species which normally migrate through the area, unless the
activity's primary purpose is to impound water.
5. Equipment. Heavy equipment working in wetlands must be placed on mats or
other measures must be taken to minimize soil disturbance.
6. Regional and Case -by -case Conditions. The activity must comply with any
regional conditions which may have been added by the Division Engineer and any
case specific conditions added by the Corps.
7. Wild and Scenic Rivers. No activity may occur in a component of the
National Wild and Scenic River System; or in a river officially designated by
Congress as a "study river" for passible inclusion in the system, while the
river is in an official study status. Information on Wild and Scenic Rivers
may be obtained from the National Park Service and the U.S. Forest Service.
8. Tribal Rights. No activity or its operation may impair reserved tribal
rights, including, but not limited to, reserved water rights and treaty
fishing.and hunting rights.
9. Water Quality Certification. In certain states, an individual state
water quality certification must be obtained or waived.
10. Coastal Zone Management. In certain states, an individual state coastal
zone management consistency concurrence must be obtained or waived.
11. Endangered Species. No activity is authorized under any NWP which is
likely to jeopardize the continued existence of a threatened or endangered
species or a species proposed for such designation, as identified under the
Federal Endangered Species Act, or which is likely to destroy or adversely
modify the critical habitat of such species. Non -Federal permittees shall
notify the District Engineer if any listed species or critical habitat might
be affected or is in the vicinity of the project and shall not begin work on
the activity until notified by the District Engineer that the requirements of
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the Endangered Species Act have been satisfied and that the activity is
authorized. Information on the location of threatened and endangered species
can be obtained from the U.S. Fish and Wildlife Service and National Marine
Fisheries Service.
12. Historic Properties. No activity which may affect Historic Properties
listed, or eligible for listing, in the National Register of Historic Places
is authorized, until the District Engineer has complied with the provisions of
33 CFR 325, Appendi:c C. The prospective permittee must notify the District
Engineer if the authorized activity may affect any historic properties listed,
determined to be eligible, or which the prospective permittee has reason to
believe -may be eligible for listing on the National Register of Historic
Places, and shall not begin the activity until notified by the District
Engineer that the requirements of the National Historic Preservation Act have
been satisfied and that the activity is authorized. Information on the
location and existence of historic resources can be obtained from the State
Historic Preservation Office and the National Register of Historic Places (see
33 CFR 330.4(g)).
13. Notification.
a. Where required by the terms of the NWP, the prospective permittee must
notify the District Engineer as early as possible and shall not begin the
activity:
(1) until notified by the District Engineer that the activity may
proceed under the NWP with any special conditions imposed by the District or
Division Engineer; or
(2) if notified by the District or Division Engineer that an
individual permit is required; or
(3) Unless 30 days have passed from the District Engineer's receipt
of the notification and the prospective permittee has not received notice from
the District or Division Engineer. Subsequently, the permittee's right to
proceed under the NWP may be modified, suspended or revoked only in accordance
with the procedure set forth in 33 CFR 330.5(d)(2).
b. The notification must be in writing and include the following
information and any required fees:
(1) Name, address and telephone number of the prospective permittee;
(2) Location of the proposed project;
(3) Brief description of the proposed project; the project's purpose;
direct and indirect adverse environmental effects the project would cause; any

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other NWP(s), regional general permit(s) or individual permit(s) used or
intended to be used to authorize any part of the proposed project or related
activity;
(4) Where required by the terms of the NWP, a delineation of aff
special aquatic sites, including wetlands; and ected
(5) A statement that the prospective permittee has contacted;
(or pro(a) The USFWS/NHF'S regarding the presence of any Federally listed
posed for listing) endangered or threatened species or critical
in the permit area that may affected by the proposed project; and a habitat
available information provided by those agencies. any
may contact Corps District Offices for U'SFWS/NMFS agencycontactscritical habitat.) f
the permit area that mayObregardingdthe presence
of any historic
available information, if an Properties in
proposed project; :and the
Y Provided by that agency.
14. Water Supply Intakes. No discharge of dredged or fill material may
in the proximity of a public water supply intake except where the discharge
repair of the public water supply intake structures or adjacent bank Y occur
stabilization. is
15. Shellfish Production. No discharge of dredged or fill material May
in areas of concentrated shellfish production, unless the discharge is
directly related to a shellfish harvest activi
permit. ty authorized by nationwide
occur
de
16. Suitable Material. No discharge of dredged or fill material ma con
of unsuitable material (e.g., trash, debris, car bodies etc. Y sist
discharged must be free from toxic pollutants in toxic amounts. and material
17. Mitigation. Discharges of dredged or fill mataerial into waters of the
United States must be minimized or avoided to the maximum extent practic
at the project site (i.e., on -site), unless the District Engineer has a roe
a compensation mitigation Plan for the specific regulated activity. Pp ved
18. Spawning Areas. Discharges in spawning areas during spawnin seaso
must be avoided to the maximum extent practicable. g ns
19. Obstructions of High Flows. To the maximum extent practicable,
discharges must not permanently restrict or impede the passage of normal
expected high flows or cause the relocation of the water unless the
Purpose of the fill is to impound waters). i or
primary

NATIONWIDE CONDITIONS
a. The discharge does not cause the loss of more than 10 acres of waters
of the U.S. For the purpose of this nationwide permit, the acreage of loss of
waters of the U.S. includes the filled area plus waters of the U.S. that are
adversely affected by flooding, excavation, or drainage as a result of the
project.
b. A 30-day notification to the District Engineer (DE) is required if
the discharge would cause the loss of water of the U.S. greater than one acre.
For discharges in special aquatic sites, including wetlands, the notification
must include a delineation of affected special aquatic sites including
wetlands.
c. The discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project.
STATE CONSISTENCY CONDITIONS
a. All fill material authorized by this permit must be obtained from an
upland source.
b. Use of this nationwide permit for waste disposal facilities is not
authorized.
C. If the proposed activity is within the North Carolina Coastal Area
and the activity will result in the loss of waters of the United States
greater than 1/3 of an acre, the applicant must receive written concurrence
from the North Carolina Division of Coastal Management (NCDCM) that the
activity is consistent with the North Carolina Coastal Management Program.
d. Should all or part of a proposed activity be located within an Area
of Environmental Concern (AEC) as designated by the PZorth Carolina Coastal
Resources Commission, a Coastal Area Management Act (CAMA) permit is required
from the North Carolina Division of Coastal Management (NCDCM). Should an
activity within or potentially affecting an AEC be proposed by a Federal
agency, a consistency determination pursuant to 15 CFR 930 must be provided to
the NCDCM at least 90 days before the onset of the proposed activity.
GENERAL CERTIFICATION CONDITIONS
a. General Certification is denied for fills greater than one area in
SA, trout, HQW, ORW, WS-I and WS-II watersheds. General certification is
issued for all other waters for fills of not more than 10 acres and in those
watersheds specified above for fills of not more that one acre.
b. Proposed fill or substantial modification of greater than one-third
of an acre of such waters, including wetlands, requires a written concurrence
from the North Carolina Division of Environmental Management (NCDEM).
C. Established sediment and erosion control practices will be utilized
to prevent violations of the appropriate turbidity water quality standard (50
NTU's in streams and rivers not designated as trout waters by the North
Carolina Division of Environmental Management (NCDEM), 2S NTU's in all
saltwater classes and all lakes and reservoirs and 10 NTU's in trout waters).
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d. Measures shall be taken to prevent live or fresh concrete from coming
into contact with waters of the State until the concrete has hardened.
e. Additional site -specific conditions may be added to this
Certification in order to ensure compliance with all applicable water quality
and effluent standards.
f. Concurrence from the North Carolina Division of Environmental
Management (NCDEM) that this Certification applies to an individual project
shall expire three Years from the date of the cover letter from the NCDEM.