Walker Johnson

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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 George T. Everett, Ph.D.
William W. Cobey, Jr.,, Secretary /:-/. Director
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Dear Sir or Madam:
SUBJECT; 401 WATER QUALITY CERTIFICATION
MCI o Ak County, COE Project # 9,?0,3s6 -
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
Appli ltr
cc: ?DEM Regional Office
YTVr 701-in R. Dorney.,'
REGIONAL OFFICES
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Pollution Prevention Pays
P.O. 13ox 29535, Raleigh, North -Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
0*01
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO September 24, 1992
Regulatory Branch
Action ID. 199203562 and Nationwide Permit No
(Headwaters and Isolated Waters)
Mr. Walter H. Johnson
Route 1, Box 53-AA
Union Mills, North Carolina 28167
Dear Mr. Johnson:
Reference your August 31, 1992 application for Department of the Army
authorization to construct two ponds in wetlands for the purpose of aesthetics
and fire protection for the surrounding county. The project site is located
at the intersection of NC 226 and SR 1773 near Marion, wel; County, North
Carolina.
Your project plans indicate the first pond is to require the construction
of an approximately 110-foot-long, 10-foot-wide, and 4 foot high earthen berm
across an unnamed headwaters tributary of South Muddy Creek. Its' purpose is
to impound or back water over the upstream wetland area. The second pond,
just upstream from the first, will be located behind a driveway with an
elevated culvert and will also be located in wetlands. Both wetland areas
will be excavated to a depth of 6-8 feet. The total wetland impact area is
expected to be approximately !F*our project has been coordinated
with the NC Wildlife Resources Commission (WRC).
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;
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
0400k
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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. It is recommended that you contact Mr. John
Dorney with the State of North Carolina, at telephone [phone],
to insure that you have complied with state water quality certification
requirements.
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. Steve Chapin, Asheville
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
4400,10
-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
Mr. John Dorney
/Wat Quality Section
ion of Environmental Management
Carolina Department of
ironment, Health and
Natural Resources
Post office Box 29535
Raleigh, North Carolina 27626-0535
NC Wildlife Resources Commission
Mr. Chris Goudreau
Route 6, Box 685
Marion, North Carolina 28752