19920370 Ver 1_COMPLETE FILE_19920101

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 August 24, 1992 A. Preston Howard Jr P E
William W. Cobey, Jr., Secretary
Mark Latour
Town Administrator
Town of Richlands
PO Box 245
Richlands, NC 28574
Acting Director
Dear Latour:
Subject: Proposed Fill in
Sewer replacement
Onslow County
Headwaters or Isolated Wetlands
DEM Project # 92370, COE # 199202409
Upon review of your request for Water Quality Certification
to place fill material in 0.1 acres of wetlands for replacement
of sewer along N. Wilmington Street located at Richlands, in
Onslow County, we have determined that the proposed fill can be
covered by General Water Quality Certification No. 2664 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. 12.
If you have any questions, please contact John Dorney at
919/733-1786 or 919/733-1787.
Sincerely,
reston Howard, J P.E.
APH:JD
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Regional Office
Wilmington DEM Regional Office
Mr. John Dorney
Central Files
Mick Heavener, F.T. Green and Associates
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 9 19/896 -7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
1
DIVISION OF ENVIRONMENTAL
MEMORANDUM
Date: August 13, 1992
To: John Dorney
Planning Branch
From: James H. Gregso
Wilmington Regi 1 Office
y
1710;
Through: Dave Adkins kn,-S ?s t= (Z) c?--
Wilmington Regional Office
Subject: Regional Office Review and Recommendations
Application for Permit for Excavation and/or Fill
Central Office Permit #92370
Town of Richlands
Onslow County
PROJECT DESCRIPTION: The applicant proposes to upgrade the
influent sewer to expand the existing wastewater treatment plant.
ADJACENT WATER BODY: UT to New River
CLASSIFICATION: C NSW
The project has been reviewed to determine impacts to water
quality. The following comments have been provided.
1. The project will require a 401 Water Quality Certification.
2. The project complies with the General 401 Water Quality
Certification No. 2664 for Utility Lines.
3. The proposed project should be done in such a way as to not
cause the turbidity outside the immediate construction area
to exceed 50 NTU.
This office has no objection to the project as proposed.
JHG:92370.Aug
cc: Wilmington Regional Office Files
Central Files

DEM ID: D
JOINT APPI
NATIONWIDE PERMITS THAT REQUIRE
NATIONWIDE PERMITS THAT REQUIRE
NATIONWIDE PERMITS THAT REQUIRE
ACTION ID:
?ICATION FORM FOR
NOTIFICATION TO THE DISTRICT ENGINEER
SECTION 401 CERTIFICATION CONCURRENCE
INDIVIDUAL SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. BOX 1890
WILMINGTON, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMEN'
NC DEPARTMENT OF ENVI i
AND NATURAL RESOU
P.O. BOX 29535
RALEIGH, NC 27626-053
ATTN: MR. JOHN DORNEY
Telephone [phone]
ju 1 31992
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME: Town of Richlands
2. OWNERS ADDRESS: P.O. Box 245
Richlands, N. C. 28574
3. OWNERS PHONE NUMBER (HOME) : N/A (WORK) : [phone]
4. IF APPLICABLE:
PHONE
5. LOCATION OF PLANNED WORK (ATTACH MAP).
COUNTY: Onslow
NEAREST TOWN OR CITY: Richlands
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
North Wilmington Street, Richlands, N. C-
6. NAME OF CLOSEST STREAM/RIVER: Squires Run
7. RIVER BASIN: White Oak
• 8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES [ ] NO [X]
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [XI NO [ ]
IF YES, EXPLAIN. Copy attached
10. ESTIMATED•TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
0.1 acres
2/3/92

AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
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to
-2-
11. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT:
FILLED: 0.1
DRAINED: 0.
FLOODED: 0.0
EXCAVATED: 0.1
TOTAL.IMPACTED: 0.1
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): Proposed sewer
replacement.
13. PURPOSE OF PROPOSED WORK: Upgrade influent sewer to expanded
wastewater treatment facility
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. -Must parallel existing sewer. Proper erosion control measures
will be a contract requirement.
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND-WILDLIFE SERVICE
(USFWS) AND/OR -NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE
OR ANY FEDERALLY LISTED OR. PROPOSED FOR LISTING ENDANGERED OR THREATENED
SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE
PROPOSED PROJECT. HAVE YOU DONE SO? YES [X] NO [ ]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE ATTACHED.
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH
MAY BE AFFECTED BY THE PROPOSED PROJECT?
HAVE YOU DONE SO? YES [X] NO [
RESPONSE FROM THE SHPO SHOULD BE ATTACHED.
17. ADDITIONAL INFORMATION REQUIRED BY DEM:
A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS. AND LAKES ON
THE PROPERTY.
B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
rFCQJECi .
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH
COPY.
E. WHAT IS LAND USE OF SURROUNDING PROPERTY? Residential, School
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
Upgraded Town of Richlands treatment facility
I lam- L?? 6-1/26/PZ___
OWNER'S SIGNATURE DATE
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ROAD CLASSIFICATION
Primary highway, Light-duty road, hard or 2°s°2
hard surface ......................... improved surface......... Ty%
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hard surface ......................... Unimproved road .........---_.__--
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RICHLANDS, N. C.
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890.
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
June 11, 1992
???J^' 'f •,• , t f J?/ill,`;,
Regulatory Branch
Action ID..199202409 and Nationwide Permit No. 26 (Headwaters and;Jk' 1w
Waters)
Town of Richlands
c/o F. T. Green and Associates
Attn: Mr. Mick Heavener
Post Office Box 609
Wilson, North Carolina 27893
Dear Mr. Heavener:
Reference your June 3, 1992, meeting with Messrs. Mickey Sugg and Jeff
Richter of my staff concerning the proposed improvements to the town of
Richlands sewer system, adjacent to a tributary of Squires Run in Richlands,
Onslow County, North Carolina.
During this meeting, a proposed pump station to be constructed in an old
field just off Wilmington Street was determined to be located in non-wetlands;
therefore, no authorization for this particular facet of the project is
required from this office. Upgrading of the existing road to the sewer
facility is to occur within the original roadbed. Mr. Richter stated that no
authorization will be required for this work. A creek crossing may need to be
slightly upgraded, although the extent of this upgrading is unknown at this
time. Mr. Richter indicated that authorization for this type of work is
easily obtained, and will be initiated upon your informing him of the actual
need for impacts to the creek. Proposed expansion of the sewer facility will
occur on non-wetland and will not require authorization from this office. The
installation of a new sewer line through wetlands is authorized by our
Nationwide Permit No. 12, and the possible need to place fill material over
the line in certain areas of wetlands is authorized by our Nationwide Permit
No. 26, based on Mr. Richter's determination that the proposed fill will
impact approximately 0.1 acre of jurisdictional wetlands located in the
headwaters of the tributary to Squires Run.
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,
pursuant to Section 404 of the Clean Water Act, was provided for the discharge
of material for backfill or bedding for utility lines, including outfall and
intake structures, provided there is no change in pre-construction contours.
b
-2-
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 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.
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. A 401 Water Quality Certification is
required for authorization by NWP 12. You may wish to contact Mr. Jim Gregson
at [phone] to further discuss the requirements for obtaining this
authorization.
This verification will be valid for 2 years from the date of this letter
unless the nationwide 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 authorization, 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.
Questions or comments may be addressed to Mr. Richter, Wilmington Field
Office, Regulatory Branch, telephone [phone].
Sincerely,
1
V e Wri
ChRe
gula ry y Branch
r 1T -3-
44 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
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
Mr. Jim Gregson
North Carolina Department of
Environment, Health and
Natural Resources
Division of Environmental Management
127 Cardinal Drive Extension
Wilmington, porth Carolina 28405-3845
M
GENERAL CONDITIONS
i
.(NWP No. 26 & 12 (except Notification par.13 does not apply to NWP12)
1. Navigation. No activity may cause more than a minimal adverse effect on
navigation.
2. Proper Maintenance. Any structure or fill authorized shall be properly
maintained, including maintenance to ensure public safety.
3. Erosion and Siltation Controls. Appropriate erosion and siltation
controls must be used and maintained in effective operating condition during
construction, and all exposed soil and other fills must be permanently
stabilized at the earliest practicable date.
4. Aquatic Life Movements. No activity may substantially disrupt the
movement of those species of aquatic life indigenous to the waterbody,
including those species which normally migrate through the area, unless the
activity's primary purpose is to impound water.
5. Equipment. Heavy equipment working in wetlands must be placed on mats or
other measures must be taken to minimize soil disturbance.
6. Regional and Case-by-case Conditions. The activity must comply with any
regional conditions which may have been added by the Division Engineer and any
case specific conditions added by the Corps.
7. Wild and Scenic Rivers. No activity may occur in a component of the
National Wild and Scenic River System; or in a river officially designated by
Congress as a "study river" for possible inclusion in the system, while the
river is in an official study status. Information on Wild and Scenic Rivers
may be obtained from the National Park Service and the U.S. Forest Service.
8. Tribal Rights. No activity or its operation may impair reserved tribal
rights, including, but not limited to, reserved water rights and treaty
fishing and hunting rights.
9. Water Quality Certification. In certain states, an individual state
water quality certification must be obtained or waived.
10. Coastal Zone Management. In certain states, an individual state coastal
zone management consistency concurrence must be obtained or waived.
11. Endangered Species. No activity is authorized under any NWP which is
likely to jeopardize the continued existence of a threatened or endangered
species or a species proposed for such designation, as identified under the
Federal Endangered Species Act, or which is likely to destroy or adversely
modify the critical habitat of such species. Non-Federal permittees shall
notify the District Engineer if any listed species or critical habitat might
be affected or is in the vicinity of the project and shall not begin work on
the activity until notified by the District Engineer that the requirements of
the Endangered Species Act have been satisfied and that the activity is
authorized. Information on the location of threatened and endangered species
-2-

can be obtained from the U.S. Fish and Wildlife Service and National Marine
Fisheries Service.
12. Historic Properties. No activity which may affect Historic Properties
listed, or eligible for listing, in the National Register of Historic Places
is authorized, until the District Engineer has complied with the provisions of
33 CFR 325, Appendix C. The prospective permittee must notify the District
Engineer if the authorized activity may affect any historic properties listed,
determined to be eligible, or which the prospective permittee has reason to
believe may be eligible for listing on the National Register of Historic
Places, and shall not begin the activity until notified by the District
Engineer that the requirements of the National Historic Preservation Act have
been satisfied and that the activity is authorized. Information on the
location and existence of historic resources can be obtained from the State
Historic Preservation Office and the National Register of Historic Places (see
33 CFR 330.4(g)).
13. Notification.
a. Where required by the terms of the NWP, the prospective permittee
must notify the District Engineer as early as possible and shall not begin the
activity:
(1) until notified by the District Engineer that the activity may
proceed under the NWP with any special conditions imposed by the District or
Division Engineer; or
(2) if notified by the District or Division Engineer that an
individual permit is required; or
(3) Unless 30 days have passed from the District Engineer's receipt
of the notification and the prospective permittee has not received notice from
the District or Division Engineer. Subsequently, the permittee's right to
proceed under the NWP may be modified, suspended or revoked only in accordance
with the procedure set forth in 33 CFR 330.5(d)(2).
b. The notification must be in writing and include the following
information and any required fees:
(1) Name, address and telephone number of the prospective permittee;
(2) Location of the proposed project;
(3) Brief description of the proposed project; the project's purpose;
direct and indirect adverse environmental effects the project would cause; any
other NWP(s), regional general permit(s) or individual permit(s) used or
intended to be used to authorize any part of the proposed project or related
activity;
k_y
9? -3-
We
(4) Where required by the terms of the NWP, a delineation of affected
special aquatic sites, including wetlands; and
(5) A statement that the prospective permittee has contacted;
(a) The USFWS/NMFS regarding the presence of any Federally listed
(or proposed for listing) endangered or threatened species or critical habitat
in the permit area that may be affected by the proposed project; and any
available information provided by those agencies. (The prospective permittee
may contact Corps District Offices for USFWS/NMFS agency contacts and list of
critical habitat.)
(b) The SHPO regarding the presence of any historic properties in
the permit area that may be affected by the proposed project; and the
available information, if any provided by that agency.
14. Water Supply Intakes. No discharge of dredged or fill material may occur
in the proximity of a public water supply intake except where the discharge is
repair of the public water supply intake structures or adjacent bank
stabilization.
15. Shellfish Production. No discharge of dredged or fill material may occur
in areas of concentrated shellfish production, unless the discharge is
directly related to a shellfish harvest activity authorized by nationwide
permit.
16. Suitable Material. No discharge of dredged or fill material may consist
of unsuitable material (e.g., trash, debris, car bodies, etc.) and material
discharged must be free from toxic pollutants in toxic amounts.
17. Mitigation. Discharges of dredged or fill material into waters of the
United States must be minimized or avoided to the maximum extent practicable
at the project site (i.e., on-site), unless the District Engineer has approved
a compensation mitigation plan for the specific regulated activity.
18. Spawning Areas. Discharges in spawning areas during spawning seasons
must be avoided to the maximum extent practicable.
19. Obstructions of High Flows. To the maximum extent practicable,
discharges must not permanently restrict or impede the passage of normal or
expected high flows or cause the relocation of the water (unless the primary
purpose of the fill is to impound waters).
I
1. _? -4- 3
e
20. Adverse Impacts from Impoundments. If the discharge creates an
impoundment of water, adverse impacts on the aquatic system caused by the
accelerated passage of water and/or the restriction of its flow shall be
minimized to the maximum extent practicable.
21. Waterfowl Breeding Areas. Discharges into breeding areas for migratory
waterfowl must be avoided to the maximum extent practicable.
22. Removal of Temporary Fills. Any temporary fills must be removed in their
entirety and the affected areas returned to their preexisting elevation.
NOTES: (NWP26 & 12)
1. Qualification for and issuance of a nationwide permit does not relieve the
applicant of the need to obtain any other required State or local permits.
2. Should all or part of a proposed activity be located within an Area of
Environmental Concern (AEC) as designated by the North Carolina Coastal
Resources Commission, a CAMA permit is required from the North Carolina
Division of Coastal Management. Should an activity within or potentially
affecting an AEC be proposed by a Federal agency, a consistency determination
pursuant to 15 CFR 930 must be provided to the North Carolina Division of
Coastal Management at least 90 days before the onset of the proposed activity.
REGIONAL CONDITIONS
(NWP 12)
1. Notification to the Wilmington District Engineer will be required, and the
applicant must receive written approval before starting work.
a. The prospective permittee must notify the District Engineer as early
as possible and shall not begin the activity:
(1) until notified by the District Engineer that the activity may
proceed under the NWP with any special conditions imposed by the District or
Division Engineer; or
(2) if notified by the District or Division Engineer that an
individual permit is required; or
(3) Unless 30 days have passed from the District Engineer's receipt
of the notification and the prospective permittee has not received notice from
the District or Division Engineer. Subsequently, the permittee's right to
proceed under the NWP may be modified, suspended or revoked only in accordance
with the procedure set forth in 33 CFR 330.5(d)(2).
4
b. The notification must be in writing and include the following
information and any required fees:
(1) Name, address and telephone number of the prospective permittee;
(2) Location of the proposed project;
(3) Brief description of the proposed project; the project's purpose;
direct and indirect adverse environmental effects the project would cause; any
other NWP(s), regional general permit(s) or individual permit(s) used or
intended to be used to authorize any part of the proposed project or related
activity; and
(4) A delineation of affected special aquatic sites, including
wetlands.
2. Restoration plans, including a schedule for the restoration, shall be
submitted to the District Engineer at the time of notification.
3. The total width of the access corridor, excavation, and temporary fill
area is restricted to no more than 40 feet and must be minimized to the
maximum extent practicable. For site specific projects, such as foundation
construction for transmission towers, construction areas will be limited to no
more than 150 feet square per site and preexisting contours must be
reestablished.
4. All utility lines must be either completely elevated or buried so as not
to impact hydrology.
5. Stabilization is required immediately on completion of each individual
crossing.
STATE CONSISTENCY CONDITIONS
(NWP 12)
1. To be eligible for this permit, all utility lines must be either
completely elevated or buried so as not to impact hydrology.
2. Removal of temporary excavated or fill materials in waters or wetlands and
stabilization is required immediately on completion of each individual
crossing.
3. Proposed fill or substantial modification of wetlands and waters is
limited to 40 feet in width under this permit and must be minimized to the
maximum extent practicable.
-6-
4. Permanent access corridors shall be restricted to the minimum width
practicable and may not exceed 10 feet in width except in locations specified
on maps for vehicular access purposes.
5. Established erosion control practices shall be utilized to prevent
violations of the appropriate turbidity water. quality standard (50 NTU's in
streams and rivers not designated as trout waters by the North Carolina
Division of Environmental Management; 25 NTU's in all saltwater classes and
all lakes and reservoirs and 10 NTU's in trout waters).
6. The applicant must receive written concurrence from the North Carolina
Division of Environmental Management that the proposal is certified under the
Section 401 Water Quality Certification Program.
7. If the proposed activity is within the North Carolina Coastal Area, the
applicant must receive written concurrence from the North Carolina Division of
Coastal Management that the activity is consistent with the North Carolina
Coastal Management Program.
GENERAL CERTIFICATION CONDITIONS
(NWP 12)
1. Proposed fill or substantial modification of wetlands and waters is
limited to 40 feet in width and must be minimized to the maximum extent
practicable.
2. Written concurrence is required from the North Carolina Division of
Environmental Management.
3. Permanent access corridors shall be restricted to the minimum width
practicable and may not exceed 10 feet in width except in locations specified
on maps for vehicular access purposes.
4. Established sediment and erosion control practices will be utilized to
prevent violations of the appropriate turbidity water quality standard (50
NTU's in streams and rivers not designated as trout waters by the North
Carolina Division of Environmental Management, 25 NTU's in all saltwater
classes and all lakes and reservoirs and 10 NTU's in trout waters).
5. Work plans must be legible and sized to 8-1/2 by 11 inches.
6. Measures shall be taken to prevent live or fresh concrete from coming into
contact with waters of the State until the concrete has hardened.
7. Additional site-specific conditions may be added to this Certification in
order to ensure compliance with all applicable water quality and effluent
standards.
r -7-
8. Concurrence from the North Carolina Division of Environmental Management
that this Certification applies to an individual project shall expire three
years from the date of the cover letter from the North Carolina Division of
Environmental Management.
REGIONAL CONDITIONS (for NWP 26 authorization)
1. All fill material authorized by this permit must be obtained from an
upland source.
2. Use of this permit for livestock and domestic animal waste treatment
facilities is not allowed.
STATE CONSISTENCY CONDITIONS
(NWP 26)
1. All fill material authorized by this permit must be obtained from an
upland source.
2. Use of this nationwide permit for waste disposal facilities is not
authorized.
3. Established erosion control practices shall be utilized to prevent
violations of the appropriate turbidity water quality standard (50 NTU's in
streams and rivers not designated as trout waters by the North Carolina
Division of Environmental Management; 25 NTU's in all saltwater classes and
all lakes and reservoirs and 10 NTU's in trout waters).
4. Proposed fill of greater than one acre in SA, trout, ORW, WS-1 and WS-2
HQW watersheds requires public notice and an individual Section 401 Water
Quality Certification from the North Carolina Division of Environmental
Management.
5. For activities resulting in the loss of waters of the United States
greater than 1/3 of an acre,' the applicant must receive written concurrence
from the North Carolina Division of Environmental Management that the proposal
is certified under the Section 401 Water Quality Certification Program.
6. If the proposed activity is within the North Carolina Coastal Area and the
activity will result in the loss of waters of the United States greater than
1/3 of an acre, the applicant must receive written concurrence from the North
Carolina Division of Coastal Management that the activity is consistent with
the North Carolina Coastal Management Program.

GENERAL CERTIFICATION CONDITIONS
(NWP 26)
1. Proposed fill or substantial modification of greater than one-third of an
acre of such waters, including wetlands, requires a written concurrence from
the North Carolina Division of Environmental Management.
2. Proposed fill or substantial modification of equal to or less than one-
third of an acre of such waters, including wetlands, does not require written
concurrence from the North Carolina Division of Environmental Management.
3. Proposed fill of greater than one acre in SA, trout, HQW, ORW, WS-I and
WS-II watersheds require public notice and an individual Section 401 Water
Quality Certification from the North Carolina Division of Environmental
Management.
4. Established sediment and erosion control practices will be utilized to
prevent violations of the appropriate turbidity water quality standard (50
NTU's in streams and rivers not designated as trout waters by the North
Carolina Division of Environmental Management, 25 NTU's in all saltwater
classes and all lakes and reservoirs and 10 NTU's in trout waters).
5. Additional site-specific conditions may be added to this Certification in
order to ensure compliance with all applicable water quality and effluent
standards.
6. Concurrence from the North Carolina Division of Environmental Management
that this Certification applies to an individual project shall expire three
years from the date of the cover letter from the North Carolina Division of
Environmental Management.

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461
G I
ID: ACTION ID:
JOINT APPLICATION FORM FOR
IONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE DISTRICT ENGINEER
A IONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
ONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION

ON DISTRICT ENGINEER WATER QUALITY PLANNING
ENGINEERS
)F DIVIS ION OF ENVIRONM L U ANAEMENT
J NT OF THE ARMY NC DEPARTMENT OF ENV T H§AjT1
1890 AND NATURAL RESO
ON, NC 28402-1890 P.O. BOX 29535
ESAW-CO-E RALEIGH, NC 27626-0 JUL 1 31992
e [phone] ATTN: MR. JOHN DORN
Telephone [phone]
•unn nnn_
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT IV IRE COMZ.) ur
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
-ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
A.? _?- -1 1_ OWNERS NAME : Town of Richlands
N
O OWNERS ADDRESS: P.O. Box 245
Ra r` ? ? .
Richlands, N. C. 28574
OWNERS PHONE NUMBER (HOME): N/A (WORK): [phone]
IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE ?'T e _45 G,? J RESS,
ONE NUMBER: Mark Latour Town Administrator l
P.O. Box 245

5. LOCATION OF PLANNED WORK (ATTACH MAP).
COUNTY: Onslow
NEAREST TOWN OR CITY: Richlands
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC. .
North Wilmington Street, Richlands, N. C.
6. NAME OF CLOSEST STREAM/RIVER: Squires Run
7. RIVER BASIN: White Oak
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES [ ] NO [X]
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [X] NO [ ]
IF YES, EXPLAIN. Copy attached
10. ESTIMATED. TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
0.1 acres
2/3/92

DEM ID: qZ3 19 ACTION ID:
JOINT APPLICATION FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE DISTRICT ENGINEER
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMEN
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIR
P.O. BOX 1890 AND NATURAL RESOUR
WILMINGTON, NC 28402-1890 P.O. BOX 29535
ATTN: CESAW-CO-E RALEIGH, NC 27626-0535
Telephone [phone] ATTN: MR. JOHN DORNEY
Telephone [phone]
ZEI?NW ?r
JUG 1 31992
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME: Town of Richlands
2. OWNERS ADDRESS: P.O. Box 245
Richlands, N. C. 28574
3. OWNERS PHONE NUMBER (HOME): N/A (WORK): [phone]
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: Mark Latour, Town Administrator
P.O. Box 245
Richlands, N. C. 28574
5. LOCATION OF PLANNED WORK (ATTACH MAP).
COUNTY: Onslow
NEAREST TOWN OR CITY: Richlands
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
North Wilmington Street, Richlands, N. C.
6. NAME OF CLOSEST STREAM/RIVER: Squires Run
7. RIVER BASIN: White Oak
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES [ 1 NO [X1
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [X1 NO [ 1
IF YES, EXPLAIN. Copy attached
10. ESTIMATED'TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
0.1 acres
2/3/92
I

-2-
11. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT:
FILLED: 0.1
DRAINED: 0.
FLOODED: 0.0
EXCAVATED: 0.1
TOTAL.IMPACTED: 0.1
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): Proposed sewer
replacement.
13. PURPOSE OF PROPOSED WORK: Upgrade influent sewer to expanded
wastewater treatment facility
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. Must parallel existing sewer. Proper erosion control measures
will be a contract requirement.
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND-WILDLIFE SERVICE
(USFWS) AND/OR -NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE
OR ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED
SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE
PROPOSED PROJECT. HAVE YOU DONE SO? YES [X] NO [
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE ATTACHED.
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH
MAY BE AFFECTED BY THE PROPOSED PROJECT?
HAVE YOU DONE SO? YES [X] NO [ I
RESPONSE FROM THE SHPO SHOULD BE ATTACHED.
17. ADDITIONAL INFORMATION REQUIRED BY DE-M:
A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS. AND LAKES ON
THE PROPERTY.
B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
rFcQJECT.
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH
COPY.
E. WHAT IS LAND USE OF SURROUNDING PROPERTY? Residential, School
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
- Ungraded Town of Richlands treatment facility
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ROAD CLASSIFICATION
2 Primary highway, Light-duty road, hard or 2?9°ti
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Secondary highway,
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Interstate Route U. S. Route O State Route
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RICHLANDS, N. C.
QUADRANGLE LOCATION NEJ4 RICHLANDS 15' QUADRANGLE
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890 1`'- V?`, fr2
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Branch
June 11, 1992
Action ID..199202409 and Nationwide Permit No. 26
Waters)
Town of Richlands
c/o F. T. Green and Associates
Attn: Mr. Mick Heavener
Post Office Box 609
Wilson, North Carolina 27893
Dear Mr. Heavener:
(Headwaters and;:-ated
Reference your June 3, 1992, meeting with Messrs. Mickey Sugg and Jeff
Richter of my staff concerning the proposed improvements to the town of
Richlands sewer system, adjacent to a tributary of Squires Run in Richlands,
Onslow County, North Carolina.
During this meeting, a proposed pump station to be constructed in an old
field just off Wilmington Street was determined to be located in non-wetlands;
therefore, no authorization for this particular facet of the project is
required from this office. Upgrading of the existing road to the sewer
facility is to occur within the original roadbed. Mr. Richter stated that no
authorization will be required for this work. A creek crossing may need to be
slightly upgraded, although the extent of this upgrading is unknown at this
time. Mr. Richter indicated that authorization for this type of work is
easily obtained, and will be initiated upon your informing him of the actual
need for impacts to the creek. Proposed expansion of the sewer facility will
occur on non-wetland and will not require authorization from this office. The
installation of a new sewer line through wetlands is authorized by our
Nationwide Permit No. 12, and the possible need to place fill material over
the line ir. certain areas of wetlands is authorized by our Nationwide Permit
No. 26, based on Mr. Richter's determination that the proposed fill will
impact approximately 0.1 acre of jurisdictional wetlands located in the
headwaters of the tributary to Squires Run.
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,
pursuant to Section 404 of the Clean Water Act, was provided for the discharge
of material for backfill or bedding for utility lines, including outfall and
intake structures, provided there is no change in pre-construction contours.
-2-
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 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.
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. A 401 Water Quality Certification is
required for authorization by NWP 12. You may wish to contact Mr. Jim Gregson
at [phone] to further discuss the requirements for obtaining this
authorization.
This verification will be valid for 2 years from the date of this letter
unless the nationwide 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 authorization, 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.
Questions or comments may be addressed to Mr. Richter, Wilmington Field
Office, Regulatory Branch, telephone [phone].
Sincerely,
Tie e Wri
Regula ry 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
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
Mr. Jim Gregson
North Carolina Department of
Environment, Health and
Natural Resources
Division of Environmental Management
127 Cardinal Drive Extension
Wilmington, 4iorth Carolina 28405-3845
GENERAL CONDITIONS
.{NWP No. 26 & 12 (except Notification par.13 does not apply to NWP12)
1. Navigation. No activity may cause more than a minimal adverse effect on'
navigation.
2. Proper Maintenance. Any structure or fill authorized shall be properly
maintained, including maintenance to ensure public safety.
3. Erosion and Siltation Controls. Appropriate erosion and siltation
controls must be used and maintained in effective operating condition during
construction, and all exposed soil and other fills must be permanently
stabilized at the earliest practicable date.
4. Aquatic Life Movements. No activity may substantially disrupt the
movement of those species of aquatic life indigenous to the waterbody,
including those species which normally migrate through the area, unless the
activity's primary purpose is to impound water.
5. Equipment. Heavy equipment working in wetlands must be placed on mats or
other measures must be taken to minimize soil disturbance.
6. Regional and Case-by-case Conditions. The activity must comply with any
regional conditions which may have been added by the Division Engineer and any
case specific conditions added by the Corps.
7. Wild and Scenic Rivers. No activity may occur in a component of the
National Wild and Scenic River System; or in a river officially designated by
Congress as a "study river" for possible inclusion in the system, while the
river is in an official study status. Information on Wild and Scenic Rivers
may be obtained from the National Park Service and the U.S. Forest Service.
8. Tribal Rights. No activity or its operation may impair reserved tribal
rights, including, but not limited to, reserved water rights and treaty
fishing and hunting rights.
9. Water Quality Certification. In certain states, an individual state
water quality certification must be obtained or waived.
10. Coastal Zone Management. In certain states, an individual state coastal
zone management consistency concurrence must be obtained or waived.
11. Endangered Species. No activity is authorized under any NWP which is
likely to jeopardize the continued existence of a threatened or endangered
species or a species proposed for such designation, as identified under the
Federal Endangered Species Act, or which is likely to destroy or adversely
modify the critical habitat of such species. Non-Federal permittees shall
notify the District Engineer if any listed species or critical habitat might
be affected or is in the vicinity of the project and shall not begin work on
the activity until notified by the District Engineer that the requirements of
the Endangered Species Act have been satisfied and that the activity is
authorized. Information on the location of threatened and endangered species
-2-
can be obtained from the U.S. Fish and Wildlife Service and National Marine
Fisheries Service.
12. Historic Properties. No activity which may affect Historic Properties
listed, or eligible for listing, in the National Register of Historic Places
is authorized, until the District Engineer has complied with the provisions of
33 CFR 325, Appendix C. The prospective permittee must notify the District
Engineer if the authorized activity may affect any historic properties listed,
determined to be eligible, or which the prospective permittee has reason to
believe may be eligible for listing on the National Register of Historic
Places, and shall not begin the activity until notified by the District
Engineer that the requirements of the National Historic Preservation Act have
been satisfied and that the activity is authorized. Information on the
location and existence of historic resources can be obtained from the State
Historic Preservation Office and the National Register of Historic Places (see
33 CFR 330.4(g)).
13. Notification.
a. Where required by the terms of the NWP, the prospective permittee
must notify the District Engineer as early as possible and shall not begin the
activity:
(1) until notified by the District Engineer that the activity may
proceed under the NWP with any special conditions imposed by the District or
Division Engineer; or
(2) if notified by the District or Division Engineer that an
individual permit is required; or
(3) Unless 30 days have passed from the District Engineer's receipt
of the notification and the prospective permittee has not received notice from
the District or Division Engineer. Subsequently, the permittee's right to
proceed under the NWP may be modified, suspended or revoked only in accordance
with the procedure set forth in 33 CFR 330.5(d)(2).
b. The notification must be in writing and include the following
information and any required fees:
(1) Name, address and telephone number of the prospective permittee;
(2) Location of the proposed project;
(3) Brief description of the proposed project; the project's purpose;
direct and indirect adverse environmental effects the project would cause; any
other NWP(s), regional general permit(s) or individual permit(s) used or
intended to be used to authorize any part of the proposed project or related
activity;
&V -3-
(4) Where required by the terms of the NWP, a delineation of affected
special aquatic sites, including wetlands; and
(5) A statement that the prospective permittee has contacted;
(a) The USFWS/NMFS regarding the presence of any Federally listed
(or proposed for listing) endangered or threatened species or critical habitat
in. the permit area that may be affected by the proposed project; and any
available information provided by those agencies. (The prospective permittee
may contact Corps District Offices for USFWS/NMFS agency contacts and list of
critical habitat.)
(b) The SHPO regarding the presence of any historic properties in
the permit area that may be affected by the proposed project; and the
available information, if any provided by that agency.
14. Water Supply Intakes. No discharge of dredged or fill material may occur
in the proximity of a public water supply intake except where the discharge is
repair of the public water supply intake structures or adjacent bank
stabilization.
15. Shellfish Production. No discharge of dredged or fill material may occur
in areas of concentrated shellfish production, unless the discharge is
directly related to a shellfish harvest activity authorized by nationwide
permit.
16. Suitable Material. No discharge of dredged or fill material may consist
of unsuitable material (e.g., trash, debris, car bodies, etc.) and material
discharged must be free from toxic pollutants in toxic amounts.
17. Mitigation. Discharges of dredged or fill material into waters of the
United States must be minimized or avoided to the maximum extent practicable
at the project site (i.e., on-site), unless the District Engineer has approved
a compensation mitigation plan for the specific regulated activity.
18. Spawning Areas. Discharges in spawning areas during spawning seasons
must be avoided to the maximum extent practicable.
19. Obstructions of High Flows. To the maximum extent practicable,
discharges must not permanently restrict or impede the passage of normal or
expected high flows or cause the relocation of the water (unless the primary
purpose of the fill is to impound waters).
h
-4-
20. Adverse Impacts from Impoundments. If the discharge creates an
impoundment of water, adverse impacts on the aquatic system caused by the
accelerated passage of water and/or the restriction of its flow shall be
minimized to the maximum extent practicable.
21. Waterfowl Breeding Areas. Discharges into breeding areas for migratory
waterfowl must be avoided to the maximum extent practicable.
22. Removal of Temporary Fills. Any temporary fills must be removed in their
entirety and the affected areas returned to their preexisting elevation.
NOTES: (NWP26 & 12)
1. Qualification for and issuance of a nationwide permit does not relieve the
applicant of the need to obtain any other required State or local permits.
2. Should all or part of a proposed activity be located within an Area of
Environmental Concern (AEC) as designated by the North Carolina Coastal
Resources Commission, a CAMA permit is required from the North Carolina
Division of Coastal Management. Should an activity within or potentially
affecting an AEC be proposed by a Federal agency, a consistency determination
pursuant to 15 CFR 930 must be provided to the North Carolina Division of
Coastal Management at least 90 days before the onset of the proposed activity.
REGIONAL CONDITIONS
(NWP 12)
1. Notification to the Wilmington District Engineer will be required, and the
applicant must receive written approval before starting work.
a. The prospective permittee must notify the District Engineer as early
as possible and shall not begin the activity:
(1) until notified by the District Engineer that the activity may
proceed under the NWP with any special conditions imposed by the District or
Division Engineer; or
(2) if notified by the District or Division Engineer that an
individual permit is required; or
(3) Unless 30 days have passed from the District Engineer's receipt
of the notification and the prospective permittee has not received notice from
the District or Division Engineer. Subsequently, the permittee's right to
proceed under the NWP may be modified, suspended or revoked only in accordance
with the procedure set forth in 33 CFR 330.5(d)(2).
-5-
b. The notification must be in writing and include the following
information and any required fees:
(1) Name, address and telephone number of the prospective permittee;
(2) Location of the proposed project;
(3) Brief description of the proposed project; the project's purpose;
direct and indirect adverse environmental effects the project would cause; any
other NWP(s), regional general permit(s) or individual permit(s) used or
intended to be used to authorize any part of the proposed project or related
activity; and
(4) A delineation of affected special aquatic sites, including
wetlands.
2. Restoration plans, including a schedule for the restoration, shall be
submitted to the District Engineer at the time of notification.
3. The total width of the access corridor, excavation, and temporary fill
area is restricted to no more than 40 feet and must be minimized to the
maximum extent practicable. For site specific projects, such as foundation
construction for transmission towers, construction areas will be limited to no
more than 150 feet square per site and preexisting contours must be
reestablished.
4. All utility lines must be either completely elevated or buried so as not
to impact hydrology.
5. Stabilization is required immediately on completion of each individual
crossing.
STATE CONSISTENCY CONDITIONS
(NWP 12)
1. To be eligible for this permit, all utility lines must be either
completely elevated or buried so as not to impact hydrology.
2. Removal of temporary excavated or fill.materials in waters or wetlands and
stabilization is required immediately on completion of each individual
crossing.
3. Proposed fill or substantial modification of wetlands and, waters is
limited to 40 feet in width under this permit and must be minimized to the
maximum extent practicable.
-6-
4. Permanent access corridors shall be restricted to the minimum width
practicable and may not exceed 10 feet in width except in locations specified
on maps for vehicular access purposes.
5. Established erosion control practices shall be utilized to prevent
violations of the appropriate turbidity water. quality standard (50 NTU's in
streams and rivers not designated as trout waters by the North Carolina
Division of Environmental Management; 25 NTU's in all saltwater classes and
all lakes and reservoirs and 10 NTU's in trout waters).
6. The applicant must receive written concurrence from the North Carolina
Division of Environmental Management that the proposal is certified under the
Section 401 Water Quality Certification Program.
7. If the proposed activity is within the North Carolina Coastal Area, the
applicant must receive written concurrence from the North Carolina Division of
Coastal Management that the activity is consistent with the North Carolina
Coastal Management Program.
GENERAL CERTIFICATION CONDITIONS
(NWP 12)
1. Proposed fill or substantial modification of wetlands and waters is
limited to 40 feet in width and must be minimized to the maximum extent
practicable.
2. Written concurrence is required from the North Carolina Division of
Environmental Management.
3. Permanent access corridors shall be restricted to the minimum width
practicable and may not exceed 10 feet in width except in locations specified
on maps for vehicular access purposes.
4. Established sediment and erosion control practices will be utilized to
prevent violations of the appropriate turbidity water quality standard (50
NTU's in streams and rivers not designated as trout waters by the North
Carolina Division of Environmental Management, 25 NTU's in all saltwater
classes and all lakes and reservoirs and 10 NTU's in trout waters).
5. Work plans must be legible and sized to 8-1/2 by 11 inches.
6. Measures shall be taken to prevent live or fresh concrete from coming into
contact with waters of the State until the concrete has hardened.
7. Additional site-specific conditions may be added to this Certification in
order to ensure compliance with all applicable water quality and effluent
standards.
-7-
8. Concurrence from the North Carolina Division of Environmental Management
that this Certification applies to an individual project shall expire three
years from the date of the cover letter from the North Carolina Division of
Environmental Management.
REGIONAL CONDITIONS (for NWP 26 authorization)
1. All fill material authorized by this permit must be obtained from an
upland source.
2. Use of this permit for livestock and domestic animal waste treatment
facilities is not allowed.
STATE CONSISTENCY CONDITIONS
(NWP 26)
1. All fill material authorized by this permit must be obtained from an
upland source.
2. Use of this nationwide permit for waste disposal facilities is not
authorized.
3. Established erosion control practices shall be utilized to prevent
violations of the appropriate turbidity water quality standard (50 NTU's in
streams and rivers not designated as trout waters by the North Carolina
Division of Environmental Management; 25 NTU's in all saltwater classes and
all lakes and reservoirs and 10 NTU's in trout waters).
4. Proposed fill of greater than one acre in SA, trout, ORW, WS-1 and WS-2
HQW watersheds requires public notice and an individual Section 401 Water
Quality Certification from the North Carolina Division of Environmental
Management.
5. For activities resulting in the loss of waters of the United States
greater than 1/3 of an acre, the applicant must receive written concurrence
from the North Carolina Division of Environmental Management that the proposal
is certified under the Section 401 Water Quality Certification Program.
6. If the proposed activity is within the North Carolina Coastal Area and the
activity will result in the loss of waters of the United States greater than
1/3 of an acre, the applicant must receive written concurrence from the North
Carolina Division of Coastal Management that the activity is consistent with
the North Carolina Coastal Management Program.
4
-s-
GENERAL CERTIFICATION CONDITIONS
(NWP 26)
1. Proposed fill or substantial modification of greater than one-third of an
acre of such waters, including wetlands, requires a written concurrence from
the North Carolina Division of Environmental Management.
2. Proposed fill or substantial modification of equal to or less than one-
third of an acre of such waters, including wetlands, does not require written
concurrence from the North Carolina Division of Environmental Management.
3. Proposed fill of greater than one acre in SA, trout, HQW, ORW, WS-I and
WS-II watersheds require public notice and an individual Section 401 Water
Quality Certification from the North Carolina Division of Environmental
Management.
4. Established sediment and erosion control practices will be utilized to
prevent violations of the appropriate turbidity water quality standard (50
NTU's in streams and rivers not designated as trout waters by the North
Carolina Division of Environmental Management, 25 NTU's in all saltwater
classes and all lakes and reservoirs and 10 NTU's in trout waters).
5. Additional site-specific conditions may be added to this Certification in
order to ensure compliance with all applicable water quality and effluent
standards.
6. Concurrence from the North Carolina Division of Environmental Management
that this Certification applies to an individual project shall expire three
years from the date of the cover letter from the North Carolina Division of
Environmental Management.
90
F.T.GREEN$t ASSOCIATES
ENGINEERS / PLANNERS / SURVEYORS
POST OFFICE BOX 609 I 303 NORTH GOLDSBORO STREET I WILSON, NORTH CAROLINA 27893
TELEPHONE [phone]
July 6, 1992
Water Quality Planning
Division of Environmental Management
N. C. Department of Environment,
Health and Natural Resources
P.O. Box 29535
Raleigh, North Carolina 27626-0535
Attention: Mr. John Dorney
SUBJECT: Application For 401 Certification
Wastewater System Improvements
Richlands, North Carolina
Dear Mr. Dorney:
Enclosed for your review are seven (7) copies of the
application for a 401 Certification for subject project. Attached
to each application is a copy of the Corps of Engineers Nationwide
Permit approval for the project.
Should you have any questions or need additional information,
please contact me.
Respectfully,
F. T. GREEN /& ASSOCIATES, P. A.
Michael C. Heavener, P.E.
MCH/bwb
Enclosures
cc: Town of Richlands
w/Enclosure
D23.070692
-..,mss
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 ?- `t George T. Everett, Ph.D.
William W. Cobey, Jr.,. Secretary Director
C.
Alf,
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[A/, 15,n( N 2 7 ?l
Dear Sir or Madam:
SUBJECT; 401 WATER QUALITY CERTIFICATION
pvJ County, COE Project # 2- 0 2 .1{6?j
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.l r
cc: i °` DEM Regional Office
Mr. John R. Dorney
REGIONAL OFFICES
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Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Branch
June 11, 1992
Action ID. 199202409 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
Town of Richlands
c/o F. T. Green and Associates
Attn: Mr. Mick Heavener i 7 1992
Post Office Box 609
Wilson, North Carolina 27893 WETLANDS Gh
_ WATER QUALITYS??,,?_`;
Dear Mr. Heavener:
Reference your June 3, 1992, meeting with Messrs. Mickey Sugg and Jeff
Richter of my staff concerning the proposed improvements to the town of
Richlands sewer system, adjacent to a tributary of Squires Run in Richlands,
.Onslow County, North Carolina.
During this meeting, a proposed pump station to be constructed in an old
field just off Wilmington Street was determined to be located in non-wetlands;
therefore, no authorization for this particular facet of the project is
required from this office. Upgrading of the existing road to the sewer
facility is to occur within the original roadbed. Mr. Richter stated that no
authorization will be required for this work. A creek crossing may need to be
slightly upgraded, although the extent of this upgrading is unknown at this
time. Mr. Richter indicated that authorization for this type of work is
easily obtained, and will be initiated upon your informing him of the actual
need for impacts to the creek. Proposed expansion of the sewer facility will
occur on non-wetland and will not require authorization from this office. The
installation of a new sewer line through wetlands is authorized by our
Nationwide Permit No. 12, and the possible need to place fill material over
the line in certain areas of wetlands is authorized by our Nationwide Permit
No. 26, based on Mr. Richter's determination that the proposed fill will
impact approximately 0.1 acre of jurisdictional wetlands located in the
headwaters of the tributary to Squires Run.
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,
pursuant to Section 404 of the Clean Water Act, was provided for the discharge
of material for backfill or bedding for utility lines, including outfall and
intake structures, provided there is no change in pre-construction contours.
•!
V
-2-
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 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.
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. A 401 Water Quality Certification is
required for authorization by NWP 12. You may wish to contact Mr. Jim Gregson
at [phone] to further discuss the requirements for obtaining this
authorization.
This verification will be valid for 2 years from the date of this letter
unless the nationwide 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 authorization, 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.
Questions or comments may be addressed to Mr. Richter, Wilmington Field
Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
. ?s
-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
Jr. 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. Jim Gregson
North Carolina Department of
Environment, Health and
Natural Resources
Division of Environmental Management
127 Cardinal Drive Extension
Wilmington, .North Carolina 28405-3845