Heriot Wilkens

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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
William W. Cobey, Jr., Secretary
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George T. Everett, Ph.D.
Director
Dear Sir or Madam:
SUBJECT; 40 WATER QUALITY CERTIFICATION
County, COE Project # /?) % /C/ Z/,j?
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,
-?2C'/'lam-??rL?
Eric Galamb
Applic.I
cc: 4tAly DEM Regional Office
Mr. ohn R. Dorney
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704251-6208 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 276260535 Telephone [phone]
An Equal 0ppnrtunity AHirmativr Action Ennplo?Kr
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO June 4, 1992
Regulatory Branch Vu Z 11
Action ID. 199101215 WtLfif?S~:: -..
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Mr. D. Heriot Wilkins
Route 6, Box 579
Fayetteville, North Carolina 28303
Dear Mr. Wilkins:
Reference the-unauthorized;placement.of fill.matesrial in wetlands and
subsequent biological work performed by Dr. Leon Jernigan of Needham, Jernigan
and Associates, in the Longleaf development on Carver's Creek, off S.R. 1606
north of Fayetteville, eUmberland County, North Carolina.
By letter of March 7, 1991, you were requested to cease any further work
in wetlands subject to our regulatory jurisdiction, pursuant to section 404 of
the Clean Water Act, and to conduct studies to determine if existing work in
these wetlands had, or could lead to, significant adverse impacts to the
federally endangered red-cockaded woodpecker. Dr. Jernigan's research showed
that future development within the development would not be detrimental to the
species, and the United States Fish and Wildlife Service (FWS) concurred with
his findings by letter of April 8, 1992. Furthermore, by letter of September
12, 1991, FWS concurred with a finding that no impacts would occur to the
federally endangered rough-leaved loosestrife and Michaux's sumac. As a
result of this determination, the work performed in wetlands can be authorized
by our Nationwide Permits (NWP).
As related to the road crossing of the branch, 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, pursuant to Section 10 of
the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act, was
provided for fills for roads crossing waters of the United States (including
wetlands and other special aquatic sites) provided:
a. The width of the fill is limited to the minimum necessary for the
actual crossing;
b. The fill placed in waters of the United States is limited to a filled
area of no more than one-third acre. Furthermore, no more than a total of 200
linear feet of the fill for the roadway can occur in special aquatic sites,
including wetlands;
C. The crossing is culverted, bridged or otherwise designed to prevent
the restriction of, and to withstand, expected highflows and the movement of
aquatic organisms;
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d. The crossing, including all attendant features, both temporary and
permanent, is part of a single and complete project for crossing of a water of
the United States; and
e. For fills in special aquatic sites, including wetlands, the permittee
notifies the District Engineer in accordance with the "Notification" general
condition.
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.
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.
One acre of the remaining work performed in wetlands is authorized by
NWP 26. We are electing to take no further enforcement action over the
remainder of the work originally cited in our March 7, 1991, cease and desist
letter. We are therefore closing our file on this matter. By copy of this
letter, we are requesting that the the United States Attorney take no further
action in this matter.
Please be aware that there are wetlands within the Longleaf development
which have not been identified or delineated. To prevent an unintentional
violation of Federal law, before any further construction is begun, we
recommend that these wetlands be identified, delineated, and surveyed.
Delineations and surveys of wetlands must be field verified by members of my
staff.
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Since your onsite discussions with Mr. Richter last year, our regulatory
program has undergone some change. Mr. Scott McLendon, at telephone (919)
251-4725, is responsible for our regulatory program in Cumberland County. You
may wish to contact him to discuss any future work you propose near wetlands.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
U. S. Attorney
Eastern District of North Carolina
Post Office Box 26897
Raleigh, North Carolina 27611
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
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, N.E.
Atlanta, Georgia 30365
Regional Director
National Marine Fisheries Services,
NOAA
Duval Building
9450 Koger Boulevard
Saint Petersburg, Florida 33702
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Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health, and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
State Property Section
North Carolina Department of
Administration
116 West Jones Street
Raleigh, North Carolina 27603
Mr. John Dorney
Watef Quality Section
Diy1sion of Environmental Management
North Carolina Department of
V Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687