HomeMy WebLinkAbout19920360 Ver 1_COMPLETE FILE_19920826DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO August 20, 1992
Regulatory Branch
Action ID. 199202680, Nationwide Permits No. 14 (Road Crossing) and No. 18
(Minor Discharges)
Mr. Otha Herring
Post Office Box 688
Wrightsville Beach,
Dear Mr. Herring:
North Carolina 28480
Reference your application of June 25, 1992, for Department of the Army
authorization to construct two road crossings, resulting in combined impacts
to 0.17 acre of wetland adjacent to the Cape Fear Rive, off River Road in
Wilmington, New Hanover County, North Carolina. You have requested that one
road, which is about 180 feet long and will impact 0.08 acre of wetland, be
authorized by our Nationwide Permit No. 14 and the other road, which is
upgrading and widening an existing road and will result in impacts to 0.09 ace
of wetland, be authorized by our Nationwide Permit No. 18.
For the purposes of the U.S. Army Corps of Engineers' Regulatory Program,
Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the
Federal Register on November 22, 1991, lists nationwide permits (NWP).
Authorization, pursuant to Section 10 of the Rivers and Harbors Act of 1899
and Section 404 of the Clean Water Act, was provided for fills for roads
crossing waters of the United States (including wetlands and other special
aquatic sites) provided:
a. The width of the fill is limited to the minimum necessary for the
actual crossing;
b. The fill placed in waters of the United States is limited to a filled
area of no more than 1/3 acre. Furthermore, no more than a total of 200
linear feet of the fill for the roadway can occur in special aquatic sites,
including wetlands;
C. The crossing is culverted, bridged or otherwise designed to prevent
the restriction of, and to withstand, expected highflows and the movement of
aquatic organisms;
d. The crossing, including all attendant features, both temporary and
permanent, is part of a single and complete project for crossing of a water of
the United States; and
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e. For fills in special aquatic sites, including wetlands, the permittee
notifies the District Engineer in accordance with the "Notification" general
condition.
Authorization, pursuant to Section 10 of the Rivers and Harbors Act and
Section 404 of the Clean Water Act, was provided for minor 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 cause the 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 flooding 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 cubic yards or the discharge is in a
special aquatic site, including wetlands, 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 affected special aquatic sites, including
wetlands' and;
d. The discharge, including all 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 NWP provided it is accomplished in strict
accordance with the enclosed conditions and provided you receive a Section 401
water quality certification from the North Carolina Division of Environmental
Management and, in the coastal area, a consistency determination from the
North Carolina Division of coastal Management. You should contact Mr. John
Dorney, telephone (919) 733-1786, regarding water quality certification, and
Mr. Steve Benton, telephone (919) 733-2293, regarding consistency
determination. This NWP does not relieve you of the responsibility to obtain
other required State or local approval.
This verification will be valid for 2 years from the date of this letter
unless the NWP authorization is modified, reissued, or revoked. Also, this
verification will remain valid for the 2 years if, during that period, the NWP
authorization is reissued without modification or the activity complies with
any subsequent modification of the NWP authorization. If during the 2 years,
? .
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the NWP authorization expires or is suspended or revoked, or is modified, such
that the activity would no longer comply with the terms and conditions of the
NWP, activities which have commenced (i.e., are under construction) or are
under contract to commence in reliance upon the NWP will remain authorized
provided the activity is completed within 12 months of the date of the NWP's
expiration, modification or revocation, unless discretionary authority has
been exercised on a case-by-case basis to modify, suspend, or revoke the
authorization.
Questions or comments may be addressed to Mr. Jeff Richter, Wilmington
Field Office, Regulatory Branch, telephone (919) 251-4636.
Enclosure
Copies Furnished (without enclosure):
Mr. John Parker
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
John Dorney
ater Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Mr. Bob Stroud
Acting Office Manager
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
d „a STATE o
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r
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 26, 1992 A. Preston Howard, Jr., P.E.
William W. Cobey, Jr., Secretary Acting Director
Mr. Otha Herring
P.O. Box 688
Wrightsville Beach, N.C. 28480
Dear Mr. Herring:
Subject: Proposed Fill in Wetlands
Road crossing and improvement
New Hanover County
DEM Project #92360
Upon review of your request for Water Quality Certification
to place fill material in 0.17 acres of wetlands for
road crossing and existing road improvements located at
SR 1100 in New Hanover County, we have determined that the
proposed fill can be covered by General Water Quality
Certification Nos. 2732 and 2733 2671 issued May 1, 1992. Copies
of the General Certifications are attached. These Certifications
may be used in qualifying for coverage under Corps of Engineers'
Nationwide Permit No. 14 and 18.
If you have any questions, please contact John Dorney
at 919/733-1786.
Sincerely,
4rston Howard, r 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
Mr. Charlie Hollis
REGIONAL OMCES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 9 19/486 -1541 704/663-1699 919/571-4700 9 19/946 -6481 919/395-3900 919/896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015
An Equal Opportunity Affirmative Action Employer
40"0 •?
DIVISION OF ENVIRONMENTAL MANAGEMENT
Date: August 21, 1992
To: John Dorney
Planning Branch
From: James H. Gregson
Wilmington F@gt 1 Office
Through: Dave Adkins
Wilmington R Wioal Office
D ?t
W?Z?PNUS GRU'
Subject: Regional Office Review and Recommendations
Application for Permit for Excavation and/or Fill
Central Office Permit #92360
Otha Herring
New Hanover County
PROJECT DESCRIPTION: The applicant proposes to provide
highground access to two sites on the Cape Fear River. Total
wetland impacts will be 0.17 acres.
ADJACENT WATER BODY: Cape Fear River
CLASSIFICATION: SC
The project has been reviewed to determine impacts to water
quality. The following comments have been provided.
Site visits were made on August 3, 1992 and August 18, 1992
with Charlie Hollis and representatives from DCM.
1. The project will require a 401 Water Quality Certification.
2. The project complies with the General 401 Water Quality
Certification No. 2666 for Minor Road Crossings and No. 2669
for Minor Discharges.
3. The proposed project should be done in such a way as to not
cause the turbidity outside the immediate construction area
to exceed 25 NTU.
This office has no objection to the project as proposed.
JHG:92369.Aug
cc: Wilmington Regional Office Files
Central Files
DEM ID: ACTION ID:
NATIONWIDE PERMIT APPLIED FOR (PROVIDE NATIONWIDE PERMIT 1):
JOINT APPLICATION FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO CORPS OF ENGINEERS
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE 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 (919) 251-4511
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENT
NC DEPARTMENT OF ENVIRC
AND NATURAL RESOURC
P.O. BOX 29535
RALEIGH, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone (919) 733-508
.
IV?-._L 1_._
T
JUN ' p LgAg. {
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 : X,< 4Q7-Wg f??72I2//1(4
2. OWNERS ADDRESS:
3. OWNERS PHONE NUMBER (HOME):
2 SG
c-
(WORK) :
4. IF APPLICABLE: AGENT>5 NAME OR RES ONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
-+'??L/F
/,r/ic rrr/NCN, A/C Z FfYL 9
-661,33
5. LOCATION OF PLANNED WORK (ATTACH MAP). COUNTY: /Y?ZJ /YOftr7C
NEAREST TOWN OR CITY: KGG/ww e?-?4C*' /l/ C,
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS/ ETC.
Z-0 c- N TS-Z> C' At S/? /ADD (1o v6rz
v
6. NAME OF CLOSEST STREAM/RIVER: (??RPa- rzqK /C/Vp-7Z
7. RIVER BASIN: t-- we
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES ( j NO (vj?
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES ( j NO jPf
IF YES, EXPLAIN.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING
WETLANDS, LOCATED ON PROJECT SITE: ID
3/25/92
-2-
11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY
THE PROPOSED PROJECT: Nw p 1A I: , o 8 arc.res
FILLED: 'ywp /Tr. .09 act,
DRAINED:
FLOODED:
EXCAVATED:
TOTAL IMPACTED: / rT a cy-t S
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS) : /y1')P /'/ 1S 4.0 pryy1dt AA4es-s
Alwp 1 W L.L- ALLOW FILL- 136 L.p (_C7V 0/V t4 Al EX l5T/N 4' <v D
LD
I?tPP W? /2 F"L? C411>F LJ/?14{ w1tL pLSr' I2cv1A6 /rsyrrAV? 'G?+TS 7b /drs?F
13. PURPOSE OF PROPOSED WORK: ?ayw ~ Q)C1vArr JN414 arz"HO ACGr_SS 6R7?vnlD
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. PV16K GrzoyNp /S .Sep'O/ti q'1' ED ?y ??B•1 u@n/DS
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 [V? NO ( )
RESPONSES FROM, THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
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 S07 YES NO ( )
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. ADDITIONAL INFORMATION REQUIRED BY DEM:
A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND LAKES ON
THE PROPERTY. M
B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PROJECT.
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? kzrl r W7IIV L"
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
- ??T ENE z _09 2
OWNER'S SIGNATURE DATE
t'
PROPOSED FILL NWP 14
CAPE: FEAR RIVER
WETLANDS
EXISTING DITCH
LR POND)
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REQUEST FOR
NATIONWIDE PERMITS 14 AND 18
MR. OTHA HERRING
P.O. BOX 688
WRIGHTSVILLE BEACH, NC 28480
June 25, 1992
DEN, ID: ?2, 6) ACTION ID:
NATIONWIDE PERMIT APPLIED FOR (PROVIDE NATIONWIDE PERMIT if
JOINT APPLICATION FORM, FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO CORPS OF ENGINEERS
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE 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 (919) 251-4511
WATER QUALITY PLANNING
DIVISION OF ENVIRONMEN
NC DEPARTMENT OF ENVIR
AND NATURAL RESOUR
P.O. BOX 29535
RALEIGH, NC 27626-053
ATTN: MR. JOHN DORNE
Telephone (919) 733-5 83
NT_
JUN 01992
Y
GF
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 : IV,< ;:Q7-WV Alf wtelNG
2. OW14ERS ADDRESS: 1'i U,
2/9- aSG•G70y
3. OWNERS PHONE NUMBER (HOME): (WORK):
4. IF APPLICABLE: AGENT'
PHONE NUMBER: C
)NSIBLE CORPORATE OFFICIAL, ADDRESS,
Le-/f
5. LOCATION OF PLANNED WORK (A gACH MAP). COUNTY: /Y67--j /I?OI??7C
NEAREST TOWN OR CITY: irP41 ?e LS c??, /?, C,
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS/ ETC.):
Z--o c p rVP C 11V $/? 16 vet
,A/c::w rt -7-Ris? (2A Pc-- svBV? vrsi on/
6. NAME OF CLOSEST STREAM/RIVER: ?RP? ?A0/? /CIV?72
7. RIVER BASIN: 4??Per- f- X72
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES [ ] NO (tom
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES ( ) NO (kj'
IF YES, EXPLAIN.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING
WETLANDS, LOCATED ON PROJECT SITE: /d
3/25/92
.J
-2-
11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY
THE PROPOSED PROJECT: NAIp /y: , O B eras
FILLED: NWOITf: D4 acres
DRAINED:
FLOODED:
EXCAVATED:
TOTAL IMPACTED: / 7 p.crc S
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): lvw /-f is 4 ravl4e- a u 3
-rv B:x?siiNG IdiGN 6RoVND _S?y GoNS71avc71iY4 ,2opaWriH fi PKoX /£s0 Feet'
L.ONI N/ / PJ L- ALLOW !LL. 710 MU LYiLep E Ffn! Mxt"'MN4 co v
App ox l 2 F'EE'T "i DF ?N «-H "ILL A c.So lZV V l A6 iATR"wep ffj_- Ss W Noc IV
13. PURPOSE OF PROPOSED WORK: 43LkV9F'E P?eivATC yd-!6t4 GRCZNO /atl?S CSrtoun/D
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. Allg r! Greo vND /.f _g-gp a +g rrm .13'1 X. Bemwlyp:r
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 T T MAY BE AFFECTED BY THE
PROPOSED PROJECT. HAVE YOU DONE SO? YES ( NO ( )
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
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 NO [ ]
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
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
PROJECT.
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? ?'`E3'/?C7Y7??P F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
K24?:5?"-2 ?- 4Lzc -a.40,r 'vEzs_1/992
OVINER'S SIGNATURE. DATE
sw:
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f:
CAPE FEAR R1V'FR
f-Zl
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0 North Carolina Wildlife Resources Commission 0
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John Dorney, Division of Environmental Management
Department of EH&NR
,
FROM: Richard B. Hamilton n ?
Assistant Director 0 U f
DATE: August 6, 1992
A
SUBJECT: 401 Water Quality Certification for Otha Herring,
wetlands associated with Cape Fear River, New
Hanover County, North Carolina.
The Wildlife Resources Commission has reviewed the subject
document and professional biologists from our staff are familiar with
the habitat values of the project area. Our comments are provided in
accordance with certain provisions of the Fish and Wildlife
Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.),
the North Carolina Environmental Policy Act (G.S. 113A-1 et seq., as
amended; 1 NCAC 25), and the Coastal Area Management Act ( G.S. 113
A-100 through 113A-128).
The applicant, Otha Herring, is requesting 401 water quality
certification to build roadways across wetlands to reach high ground
property. The high ground consists of sand islands along the Cape
Fear River which are separated from the "mainland" by wetlands.
As proposed, we cannot support the destruction of wetlands for
roadbed construction. Wetlands provide valuable wildlife habitat and
water purification and filtering properties. We ask that the
wetlands be bridged or that suitable mitigation be submitted.
Thank your for opportunity to comment on this project. If we
can be of further assistance, please contact us.
cc: Bobby Maddrey, District 2 Wildlife Biologist
qZ
6a
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
September 21, 1993
IN HtrLr HtrtH I V
Regulatory Branch
SF I? 2 ? 195
WETLANDS
an Nationwide Permit No. 18 (Minor Discharges)
Ac=E.He?rring
Mrc/s
138 Green
Forest Drive
Wilmington, NorEPn Carolina 28409
Dear Mr. Herring:
Reference your application of July 23, 1993, for Department of the Army
(DA) authorization to modify your existing Nationwide Permit No. 18 to fill an
additional 228 square feet of wetlands of the Cape Fear River at your property
located on the west side of SR 1100 approximately 1.5 miles north of Snows Cut
in New Hanover County, North Carolina. The work involves the construction of
fated sidecast of spoil material. This will bring the
cumulative total of wetland fill authorized by this permit to 4068 square feet
(0.92 acres).
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 10 of the Rivers and Harbors Act and Section 404 of the
Clean Water Act, was 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 cause the 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 flooding 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;
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions and provided
you receive a Section 401 water quality certification from the North Carolina
Division of Environmental Management (NCDEM). You should contact Mr. John
Dorney, telephone (919) 733-1786, regarding this water quality certification,
In the coastal area, you should obtain a consistency determination from the
North Carolina Division of Coastal Management (NCDCM). Please contact Mr.
Steve Benton, telephone (919) 733-2293, regarding your consistency
determination. This nationwide permit does not relieve you of the
responsibility to obtain other required State or local approval.
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 nationwide permit authorization is reissued without modification or the
activity complies with any subsequent modification of the nationwide permit
authorization. If during the 2 years, the nationwide permit 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 nationwide permit,
-2-
activities which have commenced (i.e., are under construction) or are under
contract to commence in reliance upon the nationwide permit will remain
authorized provided the activity is completed within 12 months of the date of
the nationwide permit'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. Jeffrey Richter, Wilmington
Area Field Office, Regulatory Branch, telephone (919) 251-4636.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
John Dorney
`OWater Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health-and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Mr. Steve Benton
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. C. Robert Stroud
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Mr. Jim Gregson
North Carolina Division of
Environmental Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405