Loading...
HomeMy WebLinkAbout19920611 Ver 1_Approval Letter_19920924 ,., aATE o 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 C?X Dear Sir or Madam: SUBJECT; 401 WATER QUALITY CERTIFICATION 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, C1';'_4J Eric Galamb Applic.ltr cc: 666 ,DEM Regional Office Mr. John. 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. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative .Acrion Employer 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. 199203052 and Nationwide Permit No. 26 (Headwaters and Isolated Waters) Mr. Robert L. Brydge 1210 Broad Creek Road New Bern, North Carolina 28560 Dear Mr. Brydge: Reference your onsite meeting with Mr. Norm Sanders of our Washington Regulatory Field Office on June 9, 1992. The inspection was to determine whether constructing a one-acre pond on your property would involve the discharge of dredged or fill material into waters or wetlands subject to Department of the Army (DA) permitting authority, pursuant to Section 404 of the Clean Water Act (CWA), 33 U.S.C. 1344. The property is off Broad Creek Road, near Bridgeton, Craven County, North Carolina. Your proposed work is located in waters of the U.S. (above the headwaters of a tributary of Upper Broad Creek) and will impact one acre of wetlands: therefore, the activity is authorized by Department of the Army 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. 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 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. -2- 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 required State or local approval. 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. As 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, telephone (919) 733-1786, and Mr. Steve Benton, North Carolina Division of Coastal Management, telephone (919) 733-2293. Thank you for your time and cooperation. Questions or comments may be addressed to Mr. Sanders at our Washington Regulatory Field Office, telephone (919) 975-3025. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure -3- Copies Furnished (without enclosure): Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health, and Natural Resources Post Office Box 27687 R leigh, 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. Harry Bailey Division of Land Resources Land Quality Section North Carolina Department of Environment, Health and Natural Resources Post Office Box 2188 Washington, North Carolina 27889 Mr. Charles Jones, District Manager Division of Coastal Management North Carolina Department of Environment, Health, and Natural Resources Post Office Box 769 Morehead City, North Carolina 27889 Mrs. Deborah Sawyer Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 2188 Washington, North Carolina 27889