20060307 Ver 1_USACE Comments_20060511

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IN REPLY REFER TO
Regulatory Division
Action ID. 200610086
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS [~j ~ .- [~~~ 'l
Washington Regulatory Field Office
P.O. Box 1000
Washington, North Carolina 27889-1000
May 8, 2006
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Tyrrell County Board of Commissioners
Attn: Mr. Willie Mac Carawan
Assistant County Administrator
Post Office Box 449
Columbia, North Carolina 27925
Dear Mr. Carawan:
On January 1, 2006, we received your application for Department of the Army (DA)
authorization to impact approximately 8,2001inear feet of waters of the United States and
approximately 5.64 acres of high quality swamp forest wetlands associated with the
reconstruction of Riders Creek Canal and "Lateral A" off of Riders Creek Canal in Tyrrell
County, North Carolina.
On April 18, 2006, we received a copy of correspondence from the North Carolina Division of
Water Quality (NCDWQ) to the Tyrrell Board of Commissioners indicating that the NCDWQ is
returning your application due to the lack of additional information necessary to issue a Section
401 Water Quality Certification.
For your information, the U. S. Army Corps of Engineers can continue to process your
application, however, a DA permit cannot be issued until the 401 Water Quality Certification has
been issued by the State. Given the in-depth information needed to satisfy the NCDWQ, the
Tyrrell County Board of Commissioners should consider withdrawing their application for a DA
permit until such a time that the Board can satisfy the requirements of the NCDWQ. At that
time, we can reopen your file.
In this regard, I would appreciate being made aware of your intentions, in writing, on or
before May 26, 2006.

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Thank you for your time and cooperation. If you have any questions, please contact Mr. Tom
Steffens of my Washington Regulatory Field Office staff, telephone [phone], extension
25.
Sincerely,
a~.
David M. Lekson, P.W.S.
Chief, Washington Regulatory Field Office
Enclosures
Copies Furnished (with enclosures)
Mr. John Dorney
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Mr. Doug Huggett
Division of Coastal Management
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Mr. Kelly Spivey
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
943 Washington Square Mall
Washington, North Carolina 27889
Mr. Kyle Barnes
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
943 Washington Square Mall
Washington, North Carolina 27889

Copies Furnished (without enclosures)
Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
Water Management Division
United States Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, GA 30303
Mr. Pete Benjamin
United States Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries Service
Habitat Conservation Division
101 Pivers Island Road
Beaufort, North Carolina 28516