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HomeMy WebLinkAbout19910092 Ver 1_COMPLETE FILE_19910202State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Govemor April 25, 1991 George T. Everett Ph.D. William W. Cobey, Jr., Secretary Director Mr. Thomas Toler 2760 Aurora Road Ernul, North Carolina 28527 Dear Mr. Toler: Subject: Proposed Fill in Headwaters or Isolated Wetlands Agricultural Options Craven County Upon review of your request for Water Quality Certification to.place fill material in 5.0 acres of wetlands for- hog f arming and land clearing, we have determined that the proposed. fill can be covered by General Water Quality Certification No.. 2176 issued November 4, 1987. A copy of the General Certification-is attached. This Certification may be used in qualifying for coverage under Corps of Engineers' Nationwide Permit No..26. In addition to the conditions of the General Certification, you-must follow design and operational guidelines of the Craven County SCS for the hog lagoon and related facilities. If you have any questions, please contact John Dorney at 9191733-5083. Sincerely, GTE: JD Attachment ( George T. 141?_l Everett cc: Wilmington District Corps of Engineers Corps of Engineers Washington Regional Office Washington DEM Regional office Mr. John Dorney Central Files Po9utlon Pmventkm Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Eaual Opportunity Affirmative Action Employer GENERAL CERTIFICATION THIS GENERAL CERTIFICATION is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 1514CAC2H, Section .0500 for the discharge of fill material to navigable waters or adjacent wetlands areas which are above the headwaters or to wetland areas that are not a part of the surface tributary system to interstate waters or navigable waters of the United States (i.e. isolated wetlands) as described in 33 CFR 330.5(a) (26). of the Corps of Engineers' regulations. The category of -activities shall include any fill activity in these headwaters and isolated wetlands areas where --the activity does'noV result - in the loss or substantial. modification of-10 acres or more of waters of. the United States, including=wetlands. The State of North..Carol3na..car-tifies that the specified category of:activitp vill-not violate Sections 301, 302, 303, 306..and.307 of -=the.Public Laws 92-500 and 95-217-if conducted-in accordance with the conditions hereinafter set forth. Conditions of Certification: 1. Proposed fill or.substantial modification of l.to 10 acres of such waters, including wetlands, requires a written concurrence from the Division of Environmental Management. Activities involving less than one acre do not require written concurrence. ?. i:xcluded from this General Certification are discharges of fill in waters classified WS I, 11, nr 111 (purl](' 1Ji1t('r ;applies) and STS (shellfisl, i.x,'1,isio,n 131so applies to fill in t h(,se waters. i)i scharge wat F,rs or wetlands must be ir? ,1 1 ?r ?'rt i 1 i -at ion on a case-l)y-case - ?. - 3_ That the discharge will consist of suitable material free from toxic pollutants in other than trace quantities; 4. That established erosion control practices are utilized to prevent excessive increases in turbidity and settleable solids concentrations in the water body as a result of the discharge; 5. That the discharge of fill material shall be in . accordance with the conditions and management practices specified by the Corps of Engineers in 33 CFR 330.5 and 330.6 for.nationwide permit number.26. Non-compliance with or violation of the conditions herein set forth by a,13 cific fill project shall result in revocation of this Certificatioii for :th6-, ro ject. I-P The Director of Kv ;_Morth...Carolina .Division , of MA ay---require-.tsnbmissJca of • a formal Environmental Manageaien . application -for certif edfA-6n• for. any: °pro j ect:.:in-this category of activity,'if it is.determined.that the project' is likely to have a significant adverse effect upon'water quality or degrade the-waters so that existingnses are precluded. Public Hearings may be held for specific applications or group of applications prior to Certification if deemed in the public's best interest by the Director of the North Carolina Division of Environmental Management. This the day of A/ K,r•?<< 19'of -7 I) I V I S I ON 1)1-' t:r? > > izc7N t:N? 1 MANA(;t` MFtQ- DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO April 17, 1991 Regulatory Branch Action ID. 199000443 Mr. Thomas Toler Mrs. Belle Toler 2760 Aurora Road Ernul, North Carolina 28527 Dear Mr. and Mrs. Toler: ra?t (? ) I am writing you regarding your Department of the Army (DA) Permit application dated August 7, 1990. The application was to construct a hog farming and land clearing operation in wetlands near Cayton, Craven County, North Carolina. By letter dated February 22, 1991, you were informed that we had suspended action on your permit application and would close it 30 days from that date if you had not provided the requested information. Since we have not received the information required to complete your permit application, we have closed your file for the proposed work as of the date of this letter. If you have any questions, please contact Mr. Norm Sanders of our Washington Regulatory Field Office, telephone (919) 975-3025. Sincerely, G. Wayne Wright Chief, Regulatory Branch Copies Furnished: Mr. John Parker North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. William Mills Water Quality Section Division of Environmental Management North Carolina Department of nvironment, Health and V<AN'atural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. Charles Jones, District Manager Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 Ms. Deborah Sawyer Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 1507 Washington, North Carolina 27889