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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 b? y -2- 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, ? . -3- 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 4 n 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) c vl 2 r ?I t I 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: ?.V, Fi f: CAPE FEAR R1V'FR f-Zl .9P 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