Krystal Brown

SST
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
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Dear Sir or Madam:
SUBJECT; 40;1?f WA')~ER QUALITY CERTIFICATION
c c c-? _ County, COE Project #
r
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: Regional Office
Mr. John R. Dorney
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704,1663-1699 919/571-4700 919/946-6481 919/395-3900 919/896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opix)rum,ty Al innauar Action EMPlMrr
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO November 18, 1992
Regulatory Branch
Action ID: 199300391 and Nationwide Permit No. 14
Ms. Krystal Brown
1200 Bridgepoint Road
Greensboro, North Carolina 27405
Dear Ms. Brown:
... ..........
? ???_ ?; _.21992
Reference your meeting of November 2, 1991, with Mr. John Thomas of my
staff on your property located off Bridgepoint Road S.R. 3028, adjacent to
South Buffalo Creek, Greensboro, Guilford County, North Carolina. Also in
attendance at the meeting was Mr. David Barnes of the Guilford County Planning
and Development Division. The purpose of this meeting was to investigate
excavation and filling activity for a road access that you have undertaken on
your property, and to inspect the site for waters and wetlands subject to
Department of the Army permitting authority.
The meeting revealed that your excavation and filling activity for a road
access is located on high ground with one exception of a single crossing of an
unnamed tributary of South Buffalo Creek. The site visit of the
aforementioned road crossing showed that the crossing impacts waters of the
United States, but does not included any impacts to special aquatic sites.
This filling activity could be authorized by Department of The Army Nationwide
Permit provided it is accomplished in strict accordance with the required
conditions of Section 404 of the Clean Water Act. One of these conditions is
effective soil and erosion control to prevent sediments from eroding into
waters of the United States (please reference condition 3 of enclosed
attachment). As discussed, failure to comply with this aforementioned
condition constituted a violation of Section 404 of the Clean Water Act. You
agreed at this meeting to pull back and seed the slopes of the culverted
crossing to prevent soils from eroding into the aforementioned tributary.
As stated earlier, without effective soil and erosion controls of the
completed stream relocation of the aforementioned creek, your fill constitutes
a violation of Section 404 of the Clean Water Act. However, due to the
minimal adverse impacts associated with your project and your agrebment to
immediately stabilize the soils in the project area, we have decided to take
no enforcement action in this case and consider the matter closed.
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The site visit also showed that jurisdictional wetlands do exist at the
end of your present road fill. Any further fill beyond the existing road fill
will require a Department of the Army permit authorization (section 404).
Also please note that recent guidance has specified that any mechanized land
clearing activities within wetlands will require Department of the Army permit
authorization. Therefore, should any land clearing action be proposed other
than the hand cutting or mowing of vegetation within the identified delineated
wetlands, you should contact this office.
Again, please be reminded that any future work within waters or wetlands
should be coordinated through this office for a determination of Department of
the Army permit requirements. Should you have questions, please contact
Mr. John Thomas, Raleigh Regulatory Field Office, at telephone [phone].
Sincerely,
Enclosure
Copies Furnished (without enclosure):
G. Wayne Wright
Chief, Regulatory Branch
Mr. John Parker Regional Office Manager
North Carolina Department of North Carolina Department of
Environment, Health and Environment, Health and
Natural Resources Natural Resources
Post Office Box 27687 8025 North Point Boulevard
Raleigh, North Carolina 27611-7687 Winston-Salem, North Carolina 27106
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. David Barnes
Guilford County Sedimentation
and Erosion Control
Post Office Box 3427
Greensboro, North Carolina 27402