HomeMy WebLinkAboutGeorge Garyiel JrSTAIZ
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street 0 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; 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,
Eric Galamb
Appli ltr-
cc: DEM Regional Office
ro!hn R.' , orney
REGIONAL OFFICES
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704251-6208 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 Oplx)rtunity 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 September 22, 1992
Regulatory Branch
Action ID. 199203333 and Nationwide Permit No. 14 (Road Crossing)
Mr. George A. Garyiel, Jr.
Post office Box 622
Tarboro, North Carolina 27886
Dear Mr. Garyiel:
On July 1, 1992, Mr. John Cameron of my staff visited your property
located 1/2 mile south of N.C. 97, 3/4 mile east of Leggett, Edgecombe County,
North Carolina. Your property is adjacent to Maple Swamp, a tributary to
Fishing Creek. The purpose of the meeting was to determine the presence of
wetlands subject to our regulatory jurisdiction pursuant to Section 404 of the
Clean Water Act and to discuss your proposed 20-foot wide road crossing of
Maple Swamp.
During the aforesaid meeting, Mr. Cameron determined that the proposed
road crossing construction site consists of 30 feet of waters of the United
States, bank to bank, with no adjacent wetlands. Enclosed is a copy of one
Wetland Determination Form, providing specific information obtained at
stations on your property. The data on this form support the determination
that jurisdictional waters of the United States are restricted to the creek
channel of Maple Swamp, with high ground occurring adjacent to the creek
banks.
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 (NWP).
Authorization, pursuant to Section 10 of the Rivers and Harbors Act of 1899
and Section 404 of the Clean Water Act, was provided for fills for roads
crossing waters of the United States (including wetlands and other special
aquatic sites) provided:
a. The width of the fill is limited to the minimum necessary for the
actual crossing;
b. The fill placed in waters of the United states is limited to a filled
area of no more than 1/3 acre. Furthermore, no more than a total of 200
linear feet of the fill for the roadway can occur in special aquatic sites,
including wetlands;
C. The crossing is culverted, bridged or otherwise designed to prevent
the restriction of, and to withstand, expected highflows and the movement of
aquatic organisms;
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d. The crossing, including all attendant features, both temporary and
permanent, is part of a single and complete project for crossing of a water of
the United States; and
e. For fills in special aquatic sites, including wetlands, the permittee
notifies the District Engineer in accordance with the "Notification" general
condition.
Your work is authorized by this NWP provided it is accomplished in strict
accordance with the enclosed conditions. This NWP does not relieve you of the
responsibility to obtain any required State or local approval, including a
Section 401 Water Quality Certification. Questions concerning Water Quality
Certification should be addressed to Mr. John Dorney, North Carolina Division
of Environmental Management, at telephone (919) 733-1786.
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 John Cameron, Raleigh Field
Office, Regulatory Branch, telephone (919) 876-8640.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
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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
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
I Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Jack Cochran
Edgecombe County Planning
Post Office Box 10
Tarboro, North Carolina 27886
Copy Furnished (with data sheets):
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, N.E.
Atlanta, Georgia 30365