Fletcher Powell

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 1 /? George T. Everett, Ph.D.
William W. Cobey, Jr., Secretary ©?f Director
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Dear Sir or Madam:
SUBJECT; 401 WATER QUALITY CERTIFICATION
County, COE Project # /1120330,?5
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.
1-1-
az± iv-Lt-y-i-s.-e-qu.a.l-_-t o - o r-1-ems s- t- i? n-on h i r ?? )- o? ah cr e-y-o u-
_a-r._e n t 3 e qu?--t. c -ob-t?? n-w-ri-tt-en--ci=-c r e- c-e- . 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,
C/,Ot ` l?
Eric Galamb
Applic,lt _
cc: DEM Regional Office
r. John R. Dorney
k'EGIONAL 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
RO. Boa 29535, Pbleigh, North Carolina 27626-0535 Telephone [phone]
An Gqual Onmrainiw Affinnative Action Emolover
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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 August 26, 1992
Regulatory Branch D N `=' U
Action ID. 199203306 SEP _ 410
Nationwide Permit No. 26 (Headwaters and Isolated Waters)
Mr. Fletcher Powell
P.O. Box 2009
Atlantic Beach, North Carolina 28512
Dear Mr. Powell:
WA
Reference the August 17,1992 telephone conversation with Mr. Mickey Sugg
of my staff concerning your proposed plans to place fill material in Section
404 wetlands on your property located in Tiffany Woods Subdivision, Lot
Numbers 35 and 41, off Highway 70, in North River drainage area, Beaufort,
Carteret County, North Carolina.
You explained to Mr. Sugg that the purchase of Lots 35 and 41 are
contingent upon how much fill material could be place in the jurisdictional
wetlands. Based upon a 1987 delineation by Mr. Larry Baldwin of Land
Management Group and a 1988 wetland survey line by Pate Phillips and
Associates, the total area of wetlands on both lots are 0.62 acres. On
August 5, 1992, Mr. Sugg visited your property, and his findings confirmed
that there have been no changes since the period of the delineation and the
survey. Therefore, your activity may be qualified under our Nationwide Permit
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 1 acre of waters of
the United States; or
b. the permittee notifies the District Engineer if the discharge would
cause the loss of waters of the United States greater than one but less than
10 acres 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
3f
c. the discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project.

-2-
Your work is authorized under paragraph a. above 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. If you have not already done so, you
should contact the following State agencies to obtain the required State
authorizations prior to starting work: Mr. John Dorney, North Carolina
Division of Environmental Management, telephone [phone], for a Section
401 Water Quality Certification, and Mr. Steve Benton, North Carolina Division
of Coastal Management, telephone [phone], regarding a consistency
determination.
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. Sugg, Wilmington Field
Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
.W.?
-3-
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
r. 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
Mr. Jim Gregson
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Mr. Charles Jones
North Carolina Division of
Coastal Management
P.O. Box 769
3411 Arendell Street
Morehead City, North Carolina 28557