_A B Quin_

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:
George T. Everett, Ph.D.
Director

SUBJECT; 401 WATER QUALITY CERTIFICATION
County, COE Project # - Q,3?2-/ Z
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.lV
cc: ? DEM Regional Office
Mr. John R. Dorney
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington
704251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481
Wilmington Winston-Salem
919/395-3900 9191896-7007
Pollution Prevention Pays
RO. Boa 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opp<xnmity Atfirmative Action Employer
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890 su 4
IN REPLY REFER TO August 24, 1992
Regulatory Branch q=^
Action ID. 199203247, Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
Mr. A. B. Quin
Route 3, Box 56
Newport, North Carolina 28570
Dear Mr. Quin:
On August 4, 1992, Mr. Mickey Sugg of my staff met with your agent,
Mr. Alan Leary of Century 21, and a prospective buyer, Mr. Joe Cipriano, on
your property, Lot No. 3, located off State Road 1124 (Nine Foot Road),
approximately 2 miles west of Highway 70, adjacent to Croatan National Forest,
near Newport, Carteret County, North Carolina, to determine the presence of
wetlands subject to our regulatory jurisdiction pursuant to Section 404 of the
Clean Water Act.
It was explained by Mr. Leary that the purchase of the lot was contingent
on how much high ground was available on which Mr. Cipriano could construct a
home, garage, and a driveway. Mr. Sugg found two wetland areas, in the front
and in the back middle section of the property, that would be subject to our
jurisdiction.
In agreement with Mr. Cipriano, we established a high ground site for the
house in the southwest section of the property. In order to gain access to
the house, a driveway will have to be constructed through jurisdictional
wetlands. This impact, along with the construction of the garage, will be
less than 1 acre, and can be covered under our Nationwide Permit No. 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 (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
a . ,'%, -,
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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. 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 Divison 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 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.
Questions or comments may be addressed to Mr. Sugg, Wilmington.Field
Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
i " IP
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
/ 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
Post Office Box 769
3411 Arendell Street
Morehead City, North Carolina 28557
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