19920604 Ver 1_COMPLETE FILE_19921130

0
State of North Carolina
.Department of Environment, Health and Natural Resources
Division of Enviro? mental Management
512 North Salisbury Street • ?aleigh, North Carolina 27604
April !14, 1993
James B. Hunt, Jr., Governor A. Preston Howard, Jr., P.E.
Jonathan B. Howes, Secretary Director
George and Anita Benford
Post Office Box 8610
Wrightsville Beach, North Carolina 28480
Dear Mr. and Ms. Benford
i
Subject: Proposed Fill in Wetlands r Waters
Residential lot fill
Brunswick County
DEM Project # 92604, COE #j 199300233
s
Upon review of your request for Water Quality certification to place fill
material in 0.1 acres of wetlands or waters for residential lot fill located at
lot 91, Indigo Plantation in BrunswickCounty, we have det.ermined that the
proposed fill can be covered by General Water Quality Certification No. 2733
issued January 21, 1992. A copy of the General certification is attached. This
Certification may be used in qualifying for coverage under Corps of Engineers,
Nationwide Permit No. 18. Wetland fill under Nationwide # 14 is not permitted by
this Certification.
If you have any questions, please contact John Dorney at 919/733-1786.
Sincerel
eston ward, J P.E.
APH:JD l
Attachment
CC: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office;
Mr. John Dorney"
Central Files
Charlie Hollis
i
j
Regional Offices
Asheville Fayetteville Mooresville I 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
l
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
j

DIVISION OF
Date: November 12, 1992
To:
John Dorney
Planning Branch
From:
Through:
Subject:
James H. G
Wilmington
Dave Adkiq
Wilmington
Regional Offic
Application fo
Central Office
Nationwide Permit
Lots 27, 83, 85,
Indigo Plantation
Brunswick County
fice
f ice

and Recommendations
for Excavation and/or Fill
#s: 92605, 92604, 92603, 92602,
92601, 92600.
roj ects
8, and 91.
PROJECT DESCRIPTION: Applicants proposes to use Nationwide
Permit 18 to fill 1/10 acre of wetlands on individual lots in
Indigo Plantation. These lots are not useable unless cleared and
1/10 acre is filled .
The project has been reviewed to determine impacts to water
quality. The following comments have been provided.
As with the Richard and Cathy Booth project (92364), this
Office objects to the use of Nationwide 18 for these six
projects. The placement of 251cubic yards of fill material over
a 4,356 sq. ft. area would result in fill approximately 1.8
inches deep. With the water table at or near the surface, this
would not be sufficient depth Ito render the site a non-wetland.
To be consistent with fill activities on similar lots at Indigo,
these lots would require 1-3 feet of fill material to make the
lots buildable. It is doubtful that impacts to these lots will
be limited to 1/10 acre. It is likely to assume that the entire
lots will be cleared, graded; and planted with lawn grasses,
thereby completely eliminating the existing uses that these
wetlands currently provide. Cumulative impacts (including the
Booth lot) would total 0.7 acres of permitted fill and as much as
4.6 acres of estuarine fringe forest could be disturbed along 800
feet of salt marsh.
t
cc: Wilmington Regional Office Files
Central Files
DEPAF
WILMINGTON DI
WILMINGTON,
IN REPLY REFER TO
Regulatory Branch
RENT, OF THE ARMY
RIOT, CORPS OF ENGINEERS
P.O. BOX 1890
IORTA CAROLINA 28402-1890
Action ID. 199300233 and Nationwide
Mr. David B. Benford
and Mrs. Nancy B. Benford
Post Office Box 8610
i
Wrightsville Beach, North Carolina 28480
Ladies and Gentlemen:
Reference your application of Oc
authorization to clear and fill 1/10
Plantation, Southport, Brunswick Cou
For the purposes of the U.S. Arm
Title 33, Code of Federal Regulation
Federal Register on November 22, 199
Authorization, pursuant to Section 1
Section 404 of the Clean Water Act,
fill material into all waters of the
a. The discharge does not exc
5, 1992
Nov
°'91
t No. 18 (Minor Discharges)
ber 14, 1992, for Department of the Army
cre wetlands on Lot No. 91, Indigo
y, North Carolina.
Corps of Engineers' Regulatory Program,
(CFR), Part 330.6, published in the
lists nationwide permits.
of the Rivers and Harbors Act and
as provided for discharges of dredged or
United States provided:
25 cubic yards;
b. The discharge will not causethe loss of more than 1/10 acre of a
special aquatic site,. including wetlands. For the purposes of this nationwide
permit, the acreage limitation includes the filled area plus special aquatic
sites that are adversely affected bylflooding and special aquatic sites that
are drained so that they would no longer be a water of the United States as a
result of the project;
C. If the discharge exceeds 10
special aquatic site, including wetl
Engineer in accordance with the "Not
discharges in special aquatic sites,
also include a delineation of affect
wetlands' and;
d. The discharge, including all
permanent, is part of a single and c
purpose of stream diversion.
ubic yards or the discharge is in a
nds, the permittee notifies the District
fication" general condition. For
including wetlands, the notification must
d special aquatic sites, including
attendant features, both temporary and
mplete project and is not placed for the

Your work is authorized by this na
accomplished in strict accordance with
nationwide permit does not relieve you
required State or local approval. In t
Mr. John Dorney, North Carolina Divisi
telephone [phone], and Mr. Steve
Coastal Management, telephone (919) 73
This verification will be valid f
unless the nationwide authorization i
this verification will remain valid f
the nationwide permit authorization i
activity complies with any subsequent
authorization. If during the two yea
expires or is suspended or revoked, o
would no longer comply with the terms
activities which have commenced (i.e.
contract to commence in reliance upon
authorized provided the activity is c
of the nationwide permit's expiration
discretionary authority has been exer
suspend or revoke the authorization.
Questions or comments may be add
Field office, Regulatory Branch, tel
Enclosure
i
i
ionwide permit provided it is
the enclosed conditions. This
of the responsibility to obtain any
is connection you should contact
n of Environmental Management,
Benton, North Carolina Division of
-2293.
r two years from the date of this letter
modified, reissued or revoked. Also,
r the two years if, during that period,
reissued without modification or the
modification of the nationwide permit
s, the nationwide permit authorization
is modified, such that the activity
and conditions of the nationwide permit,
are under construction) or are under
the nationwide permit will remain
mpleted within twelve months of the date
modification or revocation, unless
ised on a case-by-case basis to modify,
ssed to Mr. Rudolf Schiener, Wilmington
hone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch

/,- 0-
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
v'Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
j
Mr. C. Robert Stroud, Jr.
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
i
Wilmington, North Carolina 28405-3845
Mr. Charlie Hollis
Regulatory Consultant
138 Green Forest Drive
Wilmington, North Carolina 28409

DEPARTMEI
WILMINGTON DISTRK
P.O.
WILMINGTON, NOR
IN REPLY REFER TO N
Regulatory Branch
Action ID. 199300233 and Nationwide
Mr. George H. Benford
and Mrs. Anita Benford
Post Office Box 8610
Wrightsville Beach, North Carolina 28
Ladies and Gentlemen:
OFTHEARMY
CORPS OF ENGINEERS IX 1890
CAROLINA 28402-1890 NOV ' 0 v
r 5, 1992
rmit No. 18 (Minor Discharges)
Reference your application of October 14, 1992, for Department of the Army
authorization to clear and fill 1/10 ?cre wetlands on Lot No. 91, Indigo
Plantation, Southport, Brunswick County, North Carolina.
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. .
Authorization, pursuant to Section 101 of the Rivers and Harbors Act and
Section 404 of the Clean Water Act, provided for discharges of dredged'or
fill material into all waters of the United las
States provided:
a. The discharge does not exceed 25 cubic yards;
b. The discharge will not cause Ithe loss of more than 1/10 acre of a
special aquatic site, including wetlands. For the purposes of this nationwide
permit, the acreage limitation includes the filled area plus special aquatic
sites that are adversely affected by iflooding and special aquatic sites that
are drained so that they would no longer be a water of the United States as a
result of the project; I
C. If the discharge exceeds 10 (tubic yards or the discharge is in a
special aquatic site, including wetl?nds, the permittee notifies the District
Engineer in accordance with the "Notification" general condition. For
discharges in special aquatic sites ,lincluding wetlands, the notification must
also include a delineation of affected special aquatic sites, including
wetlands' and;
d. The discharge, including all I attendant features, both temporary and
permanent, is part of a single and complete project and is not placed for the
purpose of stream diversion.

Your work is authorized by this n
accomplished in strict accordance wit
nationwide permit does not relieve yo
required State or local approval. In
Mr. John Dorney, North Carolina Divis
telephone [phone], and Mr. Stev
Coastal Management, telephone (919) 7
This verification will be valid
unless the nationwide authorization
this verification will remain valid
the nationwide permit authorization
activity complies with any subsequer
authorization. If during the two ye
expires or is suspended or revoked,
would no longer comply with the tern
2-
tionwide permit provided it is
the enclosed conditions. This
of the responsibility to obtain any
his connection you should contact
on of Environmental Management,
Benton, North Carolina Division of
3-2293.
Or two years from the date of this letter
s modified, reissued or revoked. Also,
or the two years if, during that period,"
s reissued without modification or the
modification of the nationwide permit
rs, the nationwide permit authorization
r is modified, such that the activity
and conditions of the nationwide permit,
activities which have commenced (i.e.I, are under construction) or are under
contract to commence in reliance upog?}} the nationwide permit will remain
authorized provided the activity is dompleted within twelve months of the date
of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exeZ ised on a case-by-case basis to modify,
suspend or revoke the authorization.j
Questions or comments may be addressed to Mr. Rudolf Schiener, Wilmington
Field office, Regulatory Branch, telephone [phone].
Sincerely,
Enclosure
G. Wayne Wright
Chief, Regulatory Branch

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
Ar. John Dorney
Water 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. C. Robert Stroud, Jr.
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3
Mr. Charlie Hollis
Regulatory Consultant
138 Green Forest Drive
Wilmington, North Carolina 28409

WILMINGTON DISTRK
P.O.
WILMINGTON, NOR
IN REPLY REFER TO No
Regulatory Branch
Action ID. 199300233 and Nationwide
Mr. George H. Benford, II
and Mrs. Patty E. Benford
Post Office Box 8610
Wrightsville Beach, North Carolina 28
Ladies and Gentlemen:
OF THE ARMY 2 n?
CORPS OF ENGINEERS jD t5 U
IX 1890 ??B a
Y
CAROLINA 28402-1890 LJUJ NOV 1992
r 5, 1992 u
t No. 18 (Minor Discharges)
Reference your application of October 14, 1992, for Department of the Army
authorization to clear and fill 1/10 acre wetlands on Lot No. 91, Indigo
Plantation, Southport, Brunswick County, North Carolina.
For the purposes of the U.S. Army Corps of Engineers' Regulatory Program,
Title 33, Code of Federal Regulation (CFR), Part 330.6, published in the
Federal Register on November 22, 19971, lists nationwide permits.
Authorization, pursuant to Section Id of the Rivers and Harbors Act and
Section 404 of the Clean Water Act, 7as provided for discharges of dredged or
fill material into all waters of the United States provided:
a. The discharge does not exceed 25 cubic yards;
b. The discharge will not causejthe loss of more than 1/10 acre of a
special aquatic site, including wetlands. For the purposes of this nationwide
permit, the acreage limitation includes the filled area plus special aquatic
sites that are adversely affected by Iflooding and special aquatic sites that
are drained so that they would no longer be a water of the United States as a
result of the project;
C. If the discharge exceeds 10 bubic yards or the discharge is in a
special aquatic site, including wetl nds, the permittee notifies the District
Engineer in accordance with the "Notification" general condition. For
discharges in special aquatic sites, including wetlands, the notification must
also include a delineation of affec ed special aquatic sites, including
wetlands' and;
d. The discharge, including al
permanent, is part of a single and
purpose of stream diversion.
attendant features, both temporary and
mplete project and is not placed for the
WO V 0
Your work is authorized by this n
accomplished in strict accordance wit
nationwide permit does not relieve yo
required State or local approval. In
Mr. John Dorney, North Carolina Divis
telephone [phone], and Mr. Stev
Coastal Management, telephone (919) 7
This verification will be valid
unless the nationwide authorization
this verification will remain valid
the nationwide permit authorization
activity complies with any subsequen
authorization. If during the two ye
expires or is suspended or revoked,
would no longer comply with the term
activities which have commenced (i.e
contract to commence in reliance upo
authorized provided the activity is
of the nationwide permit's expiratio
discretionary authority has been exe
suspend or revoke the authorization.
Questions or comments may be add
Field Office, Regulatory Branch, tel
Enclosure
tionwide permit provided it is
the enclosed conditions. This
of the responsibility to obtain any
his connection you should contact
on of Environmental Management,
Benton, North Carolina Division of
3-2293.
Pr two years from the date of this letter
b modified, reissued or revoked. Also,
or the two years if, during that period,
s reissued without modification or the
modification of the nationwide permit
rs, the nationwide permit authorization
r is modified, such that the activity
and conditions of the nationwide permit,
are under construction) or are under
the nationwide permit will remain
ompleted within twelve months of the date
, modification or revocation, unless
cised on a case-by-case basis to modify,
ssed to Mr. Rudolf Schiener, Wilmington
hone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch

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
I.-Ar. John Dorney
i
Water Quality Section
I
Division of Environmental Management!
North Carolina Department of
Environment, Health and I
t
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687 j
Mr. C. Robert Stroud, Jr.
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3
Mr. Charlie Hollis
Regulatory Consultant
138 Green Forest Drive
Wilmington, North Carolina 28409

DEM ID: / 2-?,®
NATIONWIDE PERMIT APPLIED FOR
JOINT
NATIONWIDE PERMITS THAT REQ
NATIONWIDE PERMITS THAT REQ
NATIONWIDE PERMITS THAT REQ
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. BOX 1890
WILMINGTON, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
A
ONE (1) COPY OF THIS COMPLEj:j
ENGINEERS. SEVEN (7) COPIEHO
ENVIRONMENTAL MANAGEMENT. AS
1. O
WNERS NAME: o?J
DAVID 13.-
2. OWNERS ADDRESS:
3. OWNERS PHONE NUMBER (HOME) :j14 • ZS(o- q6,3-5- (WORK):
4. IF APPLICABLE: AGENT'S NAM# OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: (:fg14 tlIE: C- L? is
5. LOCATION OF PLANNED WORK (A
NEAREST TOWN OR CITY:
SPECIFIC LOCATION (INCLUDE
6. NAME OF CLOSEST
7. RIVER BASIN:
ACTION ID:
(PROVIDE NATIONWIDE PERMIT f): / S
ICATION FORM FOR
NOTIFICATION TO CORPS OF ENGINEERS
SECTION 401 CERTIFICATION CONCURRENCE
INDIVIDUAL SECTION 401 CERTIFICATION
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL 1LrFBEN? {„°q
NC DEPARTMENT OF R MT? I?EFT4 ! ;,
AND NATURAL ! ':c
P.O. BOX 29535
RALEIGH, NC 27626 5 (OCT 16
ATTN: MR. JOHN D
Telephone ( 919) 73 -5 ,,,CeNnc GRf111P
?LICATION SHOULD BE SEN THE CORPS OF
Z BE SENT TO THE N.C. DIVISION OF
PRINT.
fd IN/Parry? TIO ?g'N, s3F'aow0[Drv?
?' ?'
$'6
MAP). COUNTY:
1Cu?L5w1cIL
NUMBERS, LANDMARKS, ETC.):
JD(G0 &K14-M- 0114
I?sW cJ
+AScJ ?
8. IS THIS PROJECT LOCATED INIA WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES [ ] NO 1-1
9. HAVE ANY SECTION 404 FERMIS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES ["I NO [ J ?
IF YES, EXPLAIN. D_ fJMd SivD/r-o f LJA.A1 1tQZCnt PFMWWkIR'S
10. ESTIMATED TOTAL NUMBER O? ACRES OF RATERS OF THE U.S., INCLUDING
WETLANDS, LOCATED ON PROJECT SITE: PPmom, 0.4 Acres
3/25/92

-2-
11. NUMBER OF ACRES OF WATERS OF
THE PROPOSED PROJECT:
12. DESCRIPTION OF
FILLED: _
DRAINED:
FLOODED:
EXCAVATED:
TOTAL IMPA
U.S., INCLUDING WETLANDS, IMPACTED BY

o./
PLANS
13. PURPOSE OF PROPOSED WORK:
14. STATE REASONS WHY THE APPLICT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, N TE ME/ AS S TAKEN TO MINIMIZE WETLAND
IMPACTS . 1o 4 ? S Le?+G?l AlUIP /fl ?DrB'Yi a? s Iy
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE F SHERIES SERVICE (NMFS) REGARDING THE PRESENCE
OR ANY FEDERALLY LISTED OR PROPO ED FOR LISTING ENDANGERED OR THREATENED
SPECIES OR CRITICAL HABITAT IN T PERMIT AREA THAT MAY BE AFFECTED BY THE
PROPOSED PROJECT. HAVE YOU DONE?SO? YES [1-I' NO ( )
RESPONSES FROM THE USFWS AND OR NMFS SHOULD BE FORWARDED TO CORPS.
16. YOU ARE REQUIRED TO CONTAOCT HTHE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE ISTORIC PROPERTIES IN THE PERMIT AREA WHICH
MAY BE AFFECTED BY THE PROPOSED JPROJECT?
HAVE YOU DONE SO? YES [VT- NO [ ]
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. ADDITIONAL INFORMATION REQ IRED BY DEM:
A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND LAKES ON
THE PROPERTY. 96
B. IF AVAILABLE,
PROJECT.
C. IF DELINEATION WAS PE
RELEVANT TO THE PLACEMENT
D. IF A STORMWATER
COPY.
E. WHAT IS LAND USE OF
F. IF APPLICABLE, WHAT
PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
MED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
THE DELINEATION LINE.
PLAN IS REQUIRED FOR THIS PROJECT, ATTACH
PROPERTY? " , (
METHOD OF SEWAGE DISPOSAL?
OWNER'S SIGNATURE. DATE
1
H
d
H
G1
O
*d
H
2

col"PIGS
/
N
N
O ?.
6 d'
1
SCALE: 1" = 40'
Gloria Hoepner
813 Santa Maria
Wilmington, NC
T
9
PROPOSED WETLAND DISTURBANCE
NATIONWIDE PERMIT 18
GEORGE H. & ANITA BENFORD:
GEORGE H. II & PATTY E. BENFORD:
DAVID B. & NANCY B. BENFORD
LOT NO. 88
INDIGO PLANTATION
SOUTHPORT, N.C.
A00A -:71W *A .444,
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 A. Preston Howard, Jr., P.E.
William W. Cobey, Jr., Secretary Decembler J 3 , 1992 Acting Director
George and Anita Benford i
Post Office Box 8610
Wrightsville Beach, North Carolina 28480
Dear Mr. and Ms. Benford
Subject: Proposed Fill in Wetlands or Waters
Residential lot fill
Brunswick County
DEM Project # 92604, COE # 199300233
r
Upon review of your ues? for water Quality Certification
to place fill material i 700 s are feet of wetlands or waters
for residential lot fill d at lot 91, Indigo Plantation in
Brunswick County, we have determined that the proposed fill can
be covered by General WaterlQuality Certification No. 2733 issued
January 21, 1992. A copy of the General Certification is
attached. This Certification may be used in qualifying for
coverage under Corps of Engineers' Nationwide Permit No. 18.
Wetland fill under Nationwide # 14 is not permitted by this
Certification.
If you have any questions, please contact John Dorney at
919/733-1786.
APH:JD
Attachment
cc: Wilmington District
Corps of Engineers
Wilmington DEM Regi
Mr. John Dorney
Central Files
Asht ville ChalialelteviRo lligooresvill
.34/251-6208 919/486-1541 704/663-1
P.O. Box 29535, ]
An
Sincerely,
P.eston Howard, Jr. P.E.
Corps of Engineers
ilmington Field Office
nal office
REGIONAL OFFICES
e Raleigh Washington Wilmington
1699 919/5714700 919/946-6481 919/395-3900
>ollution Prevention Pays
L, North Carolina 27626-0535 Telephone [phone]
Oppomtnity Affirmative Action Employer
.4 A
Winston-Salem
919/896-7007
j
+v?...++.......... ... ... v.... v... .. ...+vr. .. r., r .ww +?r.v r..aw r.y JL ../VV v.3iu 'J .J Li / V1 111C
United States and subject to the !North Carolina Division of Envi-
ronmental Management Regulationsiin 15A NCAC 2H, Section .0500
and 15A NCAC 2B .0109 and .0201 for the discharge of fill mate-
rial to navigable waters.and adjacent wetland areas tributary to
interstate waters or navigable waters of the United States (i.e.,
isolated wetlands) as described in 33 CFR 330 Appendix A (B) (18)
This certification replaces Water Quality Certification Number
2669 issued on January 21, 1992.
The State of North Carolina certifies that the specified
category of activity will 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 discharge of greater.than 10 cubic yards of fill
material or dischargesinto special aquatic sites
including wetlands requires written concurrence from the
Division of Environmental Management;
2. Proposed fill or substantial modification of waters or
wetlands for this General Certification of any amount in
Primary Nursery Areas(PNAs) and Outstanding Resource
Waters (ORWs) requires written concurrence from the D.vi-
sion of EnvironmentalManagement;
3. If written concurrence is not issued by the Division of
Environmental Management within 45 days from receipt of a
complete application by the Division's 401 Certification
Office in Raleigh, then 401 Certification is deemed to be
issued as long as the! applicant follows all other
conditions of this General Certification unless
additional information is requested in writing by the
Director or his designee;
4. That established sediment and erosion control practices
are utilized to prevent violations of the appropriate
turbidity water quality standard (50 NTUs in streams and
rivers not designated as trout waters by DEM; 25 NTUs in
all slatwater classes, and all lakes and reservoirs; and
10 NTUs in trout waters);
5. That additional site-specific conditions may be added to
projects proposed under this Certification in order to-
ensure compliance with all applicable water quality and
effluent standards;;
6. Concurrence from DEM that this Certification applies to
an individual project shall expire three years from the
date of the cover better from DEM.
i
Non-compliance with orlviolation of the conditions herein set
forth by a specific fill project shall result in revocation -f
this Certification for the project:
o
The Director of the Northi.Carolina Division of Environmental
Management may require submission of a formal-application for
individual certification for any project in this category of
activity, if it is determined that the project is likely to have
a significant adverse effect Jupon water quality or degrade the
waters so that existing uses of the wetland or downstream waters
are precluded.
Public hearings may be held for specific applications or
group of applications prior to a Certification decision if deemed
in the public's best interest by the Director of the North Caro-
lina Division of Environmental Management.
This is the 1st day of May, 1992
DIVISION OF ENVIRONMENTAL MANAGEMENT
i
i
George T.i Brett, Director
i
gencert.l8a
jrd/gc
WQC ##2733