Edward Owens

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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

George T. Everett, Ph.D.
Director
of S?
svtll ?Jc
Dear Sir or Madam:
SUBJECT; 401 WATER QUALITY CERTIFICATION
. AkVJ 11"oyJ? County, COE Project # qq 2-O Z2- ,
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
Applic.ltr
cc: liy` DEM Regional Office
Mr. Jo n R. Dorney
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/9466481 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 Employer
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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 11, 1992
Regulatory Branch D v u ?. 4
Action ID. 199202215 and Nationwide Permit No. 26 JUN 1 710
(Headwaters and Isolated Waters)
Dr. Edward Owens -- -?
750 Walnut Street
Meadsville, North Carolina 16335
Dear Dr. Owens:
Reference the May 19, 1992, meeting between Ms. Anna Henderson Dietsche of
Michael R. McLeod Architects and Messrs. Mickey Sugg and Jeff Richter of my
staff concerning your property in the isolated wetlands near the
Atlantic Intracoastal Waterway, at lot No. 20 in the Old Chimney subdivision
near Carolina Beach,,i `Haniov6r?County, North Carolina.
Our letter of May 27, 1992, was a follow-up of this meeting and described
various aspects of our regulatory jurisdiction, pursuant to Section 404 of the
Clean Water Act, over wetlands located on this property. Ms. Dietsche has
subsequently contacted Mr. Richter and requested the issuance of a Nationwide
Permit No. 26 (NWP 26) which authorizates the placement of fill material these
wetlands. Mr. Richter has determined that less than one acre of wetlands will
be filled and that the area in question is not considered an adjacent wetland.
Therefore, the proposed work can be authorized by NWP 26.
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 permittee 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.

6 -Po
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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. .You may wish to contact Mr. Jim Gregson of
the North Carolina Division of Environmental Management at telephone
[phone] to further discVss this matter.
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.
Questions or comments may be addressed to Mr. Richter, Wilmington Field
Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure

[ "to
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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. Jo n Dorney
Wate Quality Section
Div, sion of Environmental Management
N th Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Michael R. McLeod, AIA
ATTN: Ms. Anna Henderson Dietsche
3941-B Market Street
Wilmington, North Carolina 28403
Mr. James Herstine
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
Mr. Jim Gregson
North Carolina Department of
Environment, Health, and
Natural Resources
Division of Environmental Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845