Larry Setzer Sr

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State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street 0 Raleigh, North Carolina 27604
James G. Martin, Governor
William W. Cobey, Jr., Secretary 7,
7
PO. ,13 7?2Z /VC-
Dear Sir or Madam:

02 P 6 y5
George T. Everett, Ph.D.
Director
SUBJECT; 40.1 WATER QUALITY CERTIFICATION
('ctl cyel/ County, COE Project #
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.
cc: 1r DEM Regional Office
M f. John R. Dorney
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem.
704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900 919/896-7007
a
Pollution Prevention Pays
RO. Box 29535, Raleigh, North Carolina 27626-0535 telephone [phone]
An Equal Opportunity Affirmative Action Employer

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO June 30, 1992
Regulatory Branch
Action ID. 199202662 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
Mr. Larry Setzer, Sr.`"?? .G... NJ_.-,
City Machine Company, Incorporated
723 Virginia. Street
Post Office Box 723
Lenoir, North Carolina 28645 ..-
Dear Mr. Setzer:
Reference your May 28, 1992 application for Department of the Army
authorization to fill in a pond on City Machine property located just south of
N.C. Bypass 18, in Lenoir, Caldwell County, North Carolina. The pond is
approximately 0.8 acres in size and was created by a road embankment built in
1986 adjacent to the Lower Creek floodplain. Approximately 0.02 acres of
wetlands consisting of black willow and tag alder are established along the
fringe of one side of the pond. The pond is in the headwaters of Lower Creek.
This project has been coordinated with the N.C. Wildlife Resources Commission
(WRC).
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 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
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

-2-
required State or local approval. Please contact Mr. John Dorney, North
Carolina Division of Environmental Management, telephone [phone], to
obtain a waiver or water quality certification for the proposed work. This
permit is effective upon receipt of the waiver or certification.
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 NWP authorization is reissued without modification or the activity
complies with any subsequent modification of the NWP authorization. If during
the 2 years, the NWP 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 NWP authorization, activities which have commenced (i.e.,
are under construction) or are under contract to commence in reliance upon the
NWP will remain authorized provided the activity is completed within 12 months
of the date of the NWP'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
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
N.C. Wildlife Resources Commission
Mr. Chris Goudreau
Route 6, Box 685
Marion, North Carolina 28752
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535