Ver - More Info Received - 7/22/1992

M ?..?.. ESTATE
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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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Dear Sir or Madam:
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SUBJECT; 401 WATER QUALITY CERTIFICATION
lPG(c/ c?7 County, COE Project #
George T. Everett, Ph.D.
Director

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,
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Eric Galamb
Applic.lltr/
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cc: n.X DEM Regional Office
Mr. John R. Dorney
REGIONAL OFFICES
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Asheville Fayetteville Mooresville Raleigh Washington Wilmington
704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/9946-6481 919/395-3900
Winston-Salem
919/896-7007
Pollution Prevention Pays
PO. Box 29535, Raleigh, North Carolina 2 762 6-05 3 5 Telephone [phone]
An Lyual 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
Regulatory Branch
Action ID. 199202306
Mr. Vernon Myers
Post Office Box 117
Pantego, North Carolina 27860
Dear Mr. Myers:
June 8, 1992
1'1992
J 1 , Please reference your May 28, 1992, meeting with Mr. Norm Sanders of my
staff, on your property, located adjacent to Pantego Creek, along the south
side of Highway 264 East, east of the intersection of Highway 99, in
Pantego,IVfo3rit County, North Carolina. The purpose of this meeting was
to addressfunadthokized filling activity, you have undertaken by mechanized
clearing and leveling of approximately 500 square feet of wetlands on your
property.
Inspection of the property revealed that dredged material has been
deposited in wetlands by a bulldozer in landscaping the upland portions of
the property. The discharge of dredged or fill material in waters of the
U.S. or wetlands undertaken without prior Department of the Army (DA) permit
authorization, represents a violation of Section 301 of the Clean Water Act
(CWA), 33 USC 1344.
As you agreed, you should cease and desist from any further work within
waters and wetlands on your property. As you also agreed, you will remove
all unauthorized material deposited within the wetland area. Pre-project
wetland elevations and contours are to be restored to the impacted wetland
area. This restoration work must be completed within 30 days of the date of
this letter. Upon completion of the restoration, you should contact
Mr. Sanders to conduct a compliance inspection. Mr. Sanders informed you
that your cooperation in a timely restoration of the site would suspend any
further enforcement actions against you by this office.
Failure to comply with this directive may result in referral to the
United States Attorney with a recommendation for civil prosecution.
Thank you for your time and cooperation in resolving this matter of
importance. If there are questions, please contact Mr. Norm Sanders of my
Washington Regulatory Field Office, Post Office Box 1000, Washington, North
Carolina 27889, or telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
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Copies Furnished:
United States Attorney
Eastern District of North Carolina
Post Office Box 26897
Raleigh, North Carolina 27611
Mr. Randy Cheek
National Marine Fisheries, NOAA
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
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
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
V Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, N.E.
Atlanta, Georgia 30365
Mr. Harry Bailey
Division of Land Resources
Land Quality Section
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 2188
Washington, North Carolina 27889
Regional Director
National Marine Fisheries Services,
NOAA
Duval Building
9450 Koger Boulevard
Saint Petersburg, Florida 33702
State Property Office
North Carolina Department of
Administration
116 West Jones Street
Raleigh, North Carolina 27603
Mrs. Deborah Sawyer
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 2188
Washington, North Carolina 27889
Mr. Terry Moore, District Manager
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 2188
Washington, North Carolina 27889