John Cutler (2)

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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
3vK 3_1/ y
Dear Sir or Madam:
SUBJECT; 401 WATER QUALITY CERTIFICATION
County, COE Project # / ?9 0? D o2 % 3
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. tr
cc:aS?ur1? DEM Regional Office
Mr. John R. Dorney
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900 919/896-7007
Pollution Prevention Pays
RO. 13ox 29535, Raleigh, North Carolina 27626-0535 'telephone [phone]
An Equal Opixxtunity Affirmative Action Employer
DEPARTMENT OF THE ARMY ?p
WILMINGTON DISTRICT, CORPS OF ENGINEERS D U ? '?
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890 '
IN REPLY REFER TO August 10, 1992 7
F
-WETLANDS GROUP
.... -1At ITV OUM,11N!
Regulatory Branch
Action ID. 199202153 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
Mr. John W. Cutler
Route 1, Box 344
Washington, North Carolina 27889
Dear Mr. Culter:
Reference a recent meeting between Mr. Norm sanders of our Washington
Regulatory Field Office and Mr. Darrell Woolard of the North Carolina
Department of Transportation on your property located off S.R. 1332, near
Washington, Beaufort County, North Carolina. The inspection was to
determine whether a one-acre site selected within your property for the
deposition of roadside improvement disposal material would involve the
discharge of dredged or fill material into waters or wetlands subject to
Department of the Army (DA) permitting authority.
Your proposed disposal site is a manmade borrow pit located in high
ground (isolated waters of the U.S.) and will impact less than one acre of
wetlands: therefore, the activity is authorized by DA Nationwide Permit No.
26.
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 was provided, pursuant to Section 404 of the Clean
Water Act, for discharges of dredged or fill material into headwaters and
isolated waters provided:
a. The discharge does not cause the loss of more than 10 acres of
waters of the United States;
b. The permittee notifies the District Engineer if the discharge would
cause the loss of waters of the United States greater than one acre in
accordance with the "Notification" general condition. For discharges in
special aquatic sites, including wetlands, the notification must also
include a delineation of affected specific aquatic sites, including
wetlands; and
c. The discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project.
-2-
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions. This
nationwide permit does not relieve you of the responsibility to obtain any
required State or local approval.
- 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.
As discussed, you should contact the following State agencies to obtain
the required State authorizations prior to starting work: Mr. John Dorney,
North Carolina Division of Environmental Management, telephone [phone],
and Mr. Steve Benton, North Carolina Division of Coastal Management, telephone
[phone].
Thank you for your time and cooperation. Questions or comments may be
addressed to Mr. Sanders at our Washington Regulatory Field Office, P.O. Box
1000, Washington, North Carolina 27889, or telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
-3-
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
. John Dorney
MWater 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. Darrell Woolard
North Carolina Department of
Transportation
1701 West 5th Street
Washington, North Carolina 27889
Mrs. Deborah Sawyer
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 2188
Washington, North Carolina 27889
Mr. Terry Moore, District Manager
Regional Office North Carolina Division of
Coastal Management
Post Office Box 1507
Washington, North Carolina 27889