19920767 Ver 1_Approval Letter_19921211

Nro
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street e Raleigh, North Carolina 27604
James G. Martin, Governor A. Preston Howard, Jr., P.E.
William W. Cobey, Jr., Secretary Acting Director
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Dear Sir or Madam:
SUBJECT; 401 WATER QUALITY CERTIFICATION
JSeck,L,?oc-t County, COE Project # 189,300,31\S
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.
Your minor fill (Nationwide Permit # 18) requires written concurrence from DEM.
Therefore, 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.18
cc: LJcc??? i,c "ho DEM Regional f6,,qAi?O-,T1cp
AshevilMr. Johha UD&ney MooresviHe Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 7 04/663 -1699 9 19/57 1-4 700 9 19/94 6-6481 919/395-3900 9 19/896 -7007
1
Pollution Preyention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telcphone 919-733-7015
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 December 3, 1992
Regulatory Branch
SUBJECT: Action ID No. 199300313 and Nationwide Permit No. 18
(Minor Discharges) rT -------
D s•
Mr. Kenneth E. Brabble
109 Dogwood Drive 9 1999
92 Washington, North Carolina 28460
GROUP,„
Dear Mr. Brabble: WO LANDS
Reference your application of October 29, 1992, for Department of the Army
authorization to place fill material in approximately 50 square feet of
wetlands on Bath Creek, Bath, Beaufort County, North Carolina.
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, pursuant to Section 10 of the Rivers and Harbors Act and
Section 404 of the Clean Water Act, was provided for discharges of dredged
or fill material into all waters of the United States provided:
a. The discharge does not exceed 25 cubic yards;
b. The discharge will not cause the loss of more than 1/10 acre of a
special aquatic site, including wetlands. For the purposes of this nationwide
permit, the acreage limitation includes the filled area plus special aquatic
sites that are adversely affected by flooding and special aquatic sites that
are drained so that they would no longer be a water of the United States as a
result of the project;
C. If the discharge exceeds 10 cubic yards or the discharge is in a
special aquatic site, including wetlands, the permittee notifies the District
Engineer in accordance with the "Notification" general condition. For
discharges in special aquatic sites, including wetlands, the notification must
also include a delineation of affected special aquatic sites, including
wetlands' and;
d. The discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project and is not placed for the
purpose of stream diversion.
Your work is authorized by this nationwide permit 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 and, in the coastal area, a consistency
1 - ?
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determination from the North Carolina Division of Coastal Management. You
should contact Mr. John Dorney, telephone [phone], regarding water
quality certification, and Mr. David Gossett, telephone [phone],
regarding consistency determination. This nationwide permit does not relieve
you of the responsibility to obtain other 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.
Questions or comments may be addressed to Mr. Norm Sanders, Washington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
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

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Mr. John Dorney
Water ality Section
Divis' n of Environmental Management
or Carolina Department of
nvironment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. David Gossett
Washington Regional Office
North Carolina Division of
Coastal Management
Post Office Box 1507
Washington, North Carolina 27889