19920084 Ver 1_Approval Letter_19920924

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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
William W. Cobey, Jr., Secretary
Mr, A--? ,5A0 la r-
A4"-k C2) &K a3D
GWlhcc) /VC a r'f 6
Dear Sir or Madam:
George T. Everett, Ph.D.
Director
SUBJECT; 401 WATER QUALITY CERTIFICATION
_y2b;l County, COE Project # ?t9ioioy?a
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.ltr//
cc: ?I^Irt 1/471 DEM Regional Office
Mr. Joh R. Dorney
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919571-4700 919/9466481 919/395-3900 919/896-7007
Pollution Prevention Pays
RO. 13ox 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opporntnitc Affirmative Action Employer

DEPARTMENT OF THE ARMY D L5 0 U
WILMINGTON DISTRICT, CORPS OF ENGINEERS s
P.O. BOX 1890 S EP NORTH CAROLINA 28402-1890 SEP 6
IN REPLY REFER TO September 3, 1992
Regulatory Branch
Action ID. 199101040 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
Mr. Pat Sholar
Route 2, Box 230
Wallace, North Carolina 28466
Dear Mr. Sholar:
Reference your recent request concerning our February 4, 1991, letter to
you in which you were authorized, by Nationwide Permit No. (NWP) 26, to impact
up to one acre of wetlands adjacent to an unnamed tributary of Cypress Creek,
off S.R. 1715, near Chinquapin in Duplin County, North Carolina.
Your original proposal involved the construction of a hog operation, most
of which would take place on old, existing fields. However, some of the
wetlands on the back part of the property would have to be cleared. Mr. Jeff
Richter of my staff had stated during the original meeting that the U.S. Army
Corps of Engineers (USACE) has no regulatory jurisdiction over the fields
provided they have been classified as prior converted (PC) wetlands by the
Duplin County Soil Conservation Service. He explained our NWP 26 and you said
that less than one acre of woods would be cleared. As a result, no wetland
delineation was performed on this property.
Due to recent changes in Federal regulations pertaining to the clean Water
Act, although NWP 26 still authorizes impacts of up to one acre of wetlands
located in headwaters, impacts to over 1/3 of an acre of wetlands must receive
concurrence from the North Carolina Division of Environmental Management that
the work meets the conditions of their general 401 Water Quality
Certification. Enclosed is a copy of an application for this concurrence.
For the purposes of the USACE 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.
Your work is authorized by this NWP provided it is accomplished in strict
accordance with the enclosed conditions and provided you receive a Section 401
water quality certification from the North Carolina Division of Environmental
Management. You should contact Mr. John Dorney, telephone [phone],
regarding water quality certification. This NWP does not relieve you of the
responsibility to obtain other required State or local approval.

-2-
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. Richter, Wilmington Field
Office, Regulatory Branch, telephone [phone].
Enclosures
Copies Furnished (without enclosures):
Mr. John Parker
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
. 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
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Mr. Michael Sugg
District Conservationist
Duplin County Soil
Conservation Service
Post Office Box 277
Kenansville, North Carolina 28349
Mr. Jim Gregson
North Carolina Department of
Environment, Health, and
Natural Resources
Division of Environmental Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845