Bill Cribb

„aSUYF°
ww
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 '> x%907 George T. Everett, Ph.D.
William W. Cobey, Jr., Secretary Director
Rox 76,-2
.?Z'?o CCV?X 2 AI C a
Dear Sir or Madam:
SUBJECT; 4 1 WATER QUALITY CERTIFICATION
County, COE Project # i99affid9F8
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
Applic4&
cc: DEM Regional Office
Mr. Jo 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
Pollution Prevention Pays
P.O. 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 July 24, 1992
Regulatory Branch
Action ID. 199202988, Nationwide Permit No.-,,?A (Headwaters and Isolated
Waters)
Mr. Bill Cribb
Post Office Box 762
Tabor City, North Carolina 28463
Dear Mr. Cribb:
On July 15, 1992, you met with Ms. Jean Benton of my staff on your
property located off S.R. 1314, 0.9 mile east of N.C. Highway 410, above the
headwaters of Grissett Swamp, near Tabor City,Cblumbus"County, North
Carolina, to determine the presence of wetlands subject to our regulatory
jurisdiction pursuant to Section 404 of the Clean Water Act.
During this meeting, you discussed your proposed plans to excavate a 1/2
acre pond in your backyard. You indicated that you intend to construct a berm
around the pond with a portion of the excavated material with the remaining
material being spread out in your yard. Since your project exceeds 1/3 of an
acre, a Pre-Discharge notification will need to be submitted to the Department
of Environmental Management (DEM) (a copy of the application was given to you
by Ms. Benton).
In 'a subsequent meeting between you and Mr. Jim Gregson with the
DEM and Ms. Benton on July 22, 1992, Mr. Gregson informed you that if you
decided not to exceed 1/3 of an acre of wetland impacts, no notification
procedures would be required.
Issuance of Department of the Army authorization must precede any
placement of excavated or fill material within any wetlands on your property.
Unauthorized activity would be a violation of Federal law. Before you
undertake any work, we strongly suggest that the wetlands be surveyed and
platted on a property map. Such mapping would help you avoid any
unintentional disturbance of wetlands on the site and would assist your
planning and be essential to any application for a permit which you might
submit. Surveyed wetland lines, shown on property maps, must be field
verified and confirmed in writing by our staff to be acceptable.
Enclosed is a copy of the Wetland Determination Form, providing specific
information obtained at stations on your property. The data on this form
support the delineation of wetlands on your site as set forth by the criteria
in the 1987 "Corps of Engineers Wetland Delineation Manual."
-2-
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 (NWP).
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
c. The discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project.
Your work is authorized under paragraph a. above by this NWP provided it
is accomplished in strict accordance with the enclosed conditions. This
NWP does not relieve you of the responsibility to obtain any required State or
local approval. Please contact Mr. Jim Gregson, North Carolina Divison 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 NWP 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, 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.
•µ
-3-
As is discussed, 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, [phone].
Questions or comments may be addressed to Ms. Benton, Wilmington Field
Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
John Dorney
er 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
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
Wat