D L Scott

STATE
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
A'( ? Mrs ). ?- Scott
fTi', ('L ? It I "i c 2-?_7Z
Dear Sir or Madam:

George T Everett, Ph.D.
Director
SUBJECT; 401 WATER QUALITY CERTIFICATION q
--- `7 County, COE Project # /2_006Vi/3
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,
rlw?146?
Eric Galamb
Applic.1tr -
cc: _ i DEM Regional Office
Mr. ohn R. Dorney
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/4861541 704/663-1699 919/571-4700 919/946-6481 919/395-3900 919/8967007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

DEPARTMENT OF THE ARMY p (? fn ?2 ?PeM1`1j1 r?
WILMINGTON DISTRICT, CORPS OF ENGINEERS l5 l?
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
MAR `3
1
IN REPLY REFER TO March 25, 1992 =
VVETLANDS G?%
WATER OIIALITY
Regulatory Branch
Action ID. 199200063 and Nationwide Permit No..,Z6 It
(Headwaters and Isolated Waters)
Mr. and Mrs. D. L. Scott
Post Office Box 375
Pink Hill, North Carolina 28572
Dear Mr. and Mrs. Scott:
Reference our November 21, 1991, letter concerning your proposed
construction of a pond adjacent to a tributary of Burn Coat Creek, off the
Northeast Cape Fear River, on N.C. 11 at Kornegay, Dupln.Cbunty, North
Carolina.
On February 10, 1992, Mr. Jeff Richter of my staff conducted an onsite
inspection of your project site and determined that there is a defined water
body which he classifies as a headwater tributary. Therefore, provided that
you impact less than an acre of wetlands as a result of your afd"4
structon,;your work can be authorized by our Nationwide Permit No. 26.
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 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.
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. Please be aware that impacts to greater
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than one third of an acre of wetlands will require authorization from the
North Carolina Division of Environmental Management in the form of a 401 Water
Quality Certification. You may wish to contact Mr. Jim Gregson at telephone
[phone] to discuss 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

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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. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
nvironment, Health and
V/Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Michael Sugg
District Conservationist
Duplin County Soil
Conservation Service
Post Office Box 277
Kenansville, North Carolina 28349
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