Ver - USACE Correspondence - 1/18/1995 (785)

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF
May 22, 1995
Regulatory Branch
Action ID No. 199502018 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
Mr. Fred A. Byers
Crescent Resources, Incorporated
Post Office Box 1003
Charlotte, North Carolina 28201-1003
Dear Mr. Byers:
Through our coordination with your consultant, Mr. Leonard Rindner, we
have learned of your pla o lace fill material in a small seepage wetland
and unnamed, headwater ibuta y to Sugar Creek to develop a 36-acre
commercial/office site t the 'ntersection of West Tyvola Road and Yorkmount
Road at Charlotte, Mec lenbur County, North Carolina. The proposed work
would impact a total 0.2 cres of waters and wetlands.
Also on the prop is a quarry lake and outlet channel measuring
apporximately 2.17 a es surface area. We consider these to be waters of the
United States and under our regulatory jurisdiction. No work is proposed in
this area however, these waters are also located above the headwaters and
therefore eligible for authorization under Nationwide Permit No. 26. A pre-
discharge notification would be required if project impacts at this site
exceed 1 acre of waters and wetlands (1/3 acre for the State).
For the purposes of the 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.
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 (NCDEM). You should contact Mr. John
Dorney, telephone [phone], regarding water quality certification. This
nationwide permit does not relieve you of the responsibility to obtain other
required State or local approval.
This verification will be valid until the nationwide permit is modified,
reissued or revoked. All the nationwide permits are scheduled to be modified,
reissued ore revoked prior to January 21, 1997. It is incumbent upon you to
remain informed of shcnges to the nationwide permits. We will issure a public
notice announcing the changes when they occur. Furthermore, if you commence
or are under contract to commence this activity before the date the nationwide
permit is modified or revoked, you will have twelve months form the date of
the modification or revocation to complete the activity under the present
terms and conditions of this nationwide permit.
Printed on ® Recyded Paper
Y
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Questions or comments may be addressed to Mr. Steven Lund, Asheville
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosures
Copy Furnished (without enclosures):
Mr. John Dorney
ro3vrth er Quality Section
ision of Environmental Management
Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Mr. Leonard S. Rindner
Environmental Planning Consultant
7113 Hickory Nut Drive
Raleigh, North Carolina 27613