GW Tuton

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State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor Jt^- r 9 z
William W. Cobey, Jr., Secretary
Mr. G. W, 1??4
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Dear Sir or Madam:
George T. Everett, Ph.D.
Director
SUBJECT; 401 WATER QUALITY CERTIFICATION _
6<Z,9 1'J County, COE Project # ?? z D Z3s C
The Division of Environmental Management (DEM) received a
letter from the Corps of Engineers (COE) stating that your
project qualified for a Nationwide Permit. Please be advised
that the Nationwide Permit is not valid until a 401 Water Quality
Certification has been issued by the Division. General
Certifications have been issue by the Division for most of the
Nationwide Permits, however, several of the General
Certifications require written concurrence from the Division
before the Nationwide Permit is valid.
If you are utilizing Nationwide Permit # 26 and your fill '
activity is equal to or less than one-third (1/3) of an acre you
are not required to obtain written concurrence. Otherwise please
complete the attached form (except for conditions 15 and 16) and
send six additional copies (a total of seven copies) so that the
review of your request can be initiated.
If you have any questions, please call me or Mr. John Dorney
at 919-733-1786.
Sincerely,
Eric Galamb
Applicjjlt
cc: UU?Ci'- L DEM Regional Office
Mr. Joh R. Dorney
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900 919/896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 telephone [phone]
An Equal Opportunity Affirmative Action E=mployer
AP- "
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Branch
June 15, 1992
Action ID. 199202350, Nationwide Permit No.6" R ?1992
Mr. G. W. Tuton JUN 2 41000 Hunters Trail
Midway Park, North Carolina 28544 WS
1 WAIaL'? ?I ? v.',
Dear Mr. Tuton:
Reference your May 20, 1992, meeting with Mr. Jeff Richter of my staff
concerning bulldozing of wetlands adjacent to Mott Creek, a tributary of
Northeast Creek, in the Landing at Hunters Creek development, off S.R. 1406
(Piney Green Road) in Jacksonville, (slow (bounty, North Carolina.
i
Mr. Richter inspected the work being accomplished and observed that
excavated and/or fill material has been deposited over about 1 acre?3of waters
and wetlands of the United States located above the headwaters or in isolated
waters of the United States. He explained that, pursuant to Section 404 of
the Clean Water Act, Department of the Army authorization is required for this
work.
Nationwide Permit No. 26 (33'CFR 330.5(a)(26)) authorizes the significant
adverse modification of up to ten acres through a discharge of dredged and/or
fill material if the waters or wetlands are above the headwaters point of a
stream or if they are isolated from any adjacent waters or wetlands by high
ground. Modifying up to one acre of jurisdictional area does not require
prior notification of this office. However, to comply with the requirements
for authorization for one to 10 acres, approval must be obtained from our
Division Engineer. In order to request this authorization, you must complete
a pre-discharge notification (PDN) form (copy enclosed) and submit it along
with a copy of a Section 401 Water Quality Certification, obtained from the
North Carolina Division of Environmental Management. Instructions on
obtaining this certification are contained on the PDN form. The 401
Certification is required to validate Nationwide Permit No. 26 in the State of
North Carolina; and therefore, it must accompany your PDN application.
As the modification of less than an acre through discharge of dredged
and/or fill material is authorized by Nationwide Permit No. 26, your work, as
observed on May 20, 1992, is presently authorized. Any additional
modification of jurisdictional waters or wetlands will require authorization
under the PDN procedure outlined above. You may wish to contact Mr. John
Dorney with the North Carolina Division of Environmental Management at
[phone] to discuss possible required Water Quality Certification.
4AW .
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Current regulations state that Nationwide Permit No. 26 may be used only
once for a single and complete project. Therefore, issuance of this permit
for this portion of the project will reduce the amount of work that can be
accomplished using this authorization within your platted subdivision in the
future.
Any questions or comments regarding this matter may be addressed to
Mr. Richter, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
Mr. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Charles Jones
Area Office Manager
North Carolina Department of
Environment, Health, and
Natural Resources
Division of Coastal Management
Post Office Box Box 769
Morehead City, North Carolina 28557