19920576 Ver 1_Approval Letter_19920924

STATE
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
Jam.- Fri ?f- y--7
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Dear Sir or Madam:
SUBJECT; 401 WATER QUALITY CERTIFICATION d
Rla_deiin 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.ltr
cc:?`L?v?Jp_I?EM Regional Office
Mr. 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
Pollution Prevention Pays
RO. l3ox 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal OPPorwnity Affirmative Action Emplo)vr
,ter
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO August 12, 1992
Regulatory Branch
Action ID. 199203148 and Nationwide Permit No. 26
(Headwaters and Isolated Waters)
Mr. Joe Syfrett
Post Office Box 642
Spring Lake, North Carolina 28390
Dear Mr. Syfrett:

Please reference your June 11, 1992 meeting with Mr. Scott McLendon of my
staff on your property located on the west side of NC 210, approximately 1.0
mile north of S.R. 1502, Bladen County, North Carolina. The purpose of this
meeting was to determine if waters or wetlands subject to Department of the
Army (DA) permitting authority are located on the property and.to determine if
the ongoing pond construction and deposition of spoil material in wetlands
could be authorized under Nationwide Permit #26. In addition, you requested
that I inspect a portion of your property located on the east side of NC 210
prior to the planned construction of a 12 acre recreational pond.
Regarding the completed aquaculture pond on the west side of NC 210, the
site investigation revealed that the pond was constructed in wetlands subject
to DA permitting authority. The inspection further revealed that these
wetlands are located above the headwaters of an unnamed tributary to the South
River. Accordingly, the construction of your 0.5 Ac. aquaculture pond can be
authorized under Nationwide Permit #26 provided it is accomplished in strict
accordance with the enclosed conditions, including stabilization of the fill
material that was observed to be eroding into adjacent wetlands.
The investigation also revealed that the location of your proposed 12 acre
recreational pond contains waters and wetlands subject to DA permitting
authority. I caution you not to undertake any land disturbing activities in
this area without prior notification to this office. Department of the Army
permit authorization must be obtained before any additional fill material is
placed into waters or wetlands of the United States. Failure to obtain the
necessary permits will be considered a willful violation of Federal law and
the matter would be referred to the U.S. Attorney's office with a
recommendation for civil and/or criminal prosecution.
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:

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a. the discharge does-not cause the loss of more than 10 acres 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.
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.
Please contact Mr. Ken Averitte of the North Carolina Division of
Environmental Management, telephone [phone] to obtain a waiver or Water
Quality Certification for the this activity. This permit is effective upon
receipt of the waiver or certification.
Questions or comments may be addressed to Mr. Scott McLendon, Wilmington
Regulatory Field Office, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
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Copies Furnished (without enclosure):
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. M. J. Noland, Regional Supervisor
North Carolina Department of Health,
Environment, Health and Natural Resources
Division of Environmental Management
Suite 714, Wachovia Building
Fayettville, North Carolina 28301
Mr. Joe Glass, Regional Engineer
North Carolina Department of Health,
Environment, Health and Natural Resources
Land Quality Section
Suite 714, Wachovia Building
Fayettville, North Carolina 28301