19930041 Ver 1_COMPLETE FILE_19930120

. STATE o
State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor
January 28, 1993
James Nichols
12463 Hwy. 24-27
Robbins, North Carolina 28327
Dear Mr. Nichols:
Subject: Proposed Fill
Pond creation
Moore County
DEM Project #
in Wetlands or Waters
93041, COE # 199300723
Jonathan B. Howes, Secretary
Upon review of your request for Water Quality Certification
to place fill material in 0.3 acres of wetlands or waters in
Nick's Creek located at SR 1838 in Moore County, we have
determined that the proposed fill can be covered by General Water
Quality Certification No. 2671 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. 26.
If you have any questions, please contact John Dorney at
919/733-1786.
Sincerely,
reston Howard, r. P.E.
o'?
APH:JD
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Fayetteville DEM Regional Office
Mr. John Dorney
Central Files
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] Fax # [phone]
An Equal Opportunity Affirmative Action Employer
January 12, 1993
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Mr. John Dorney
Water Qaulity Section
Division of Environmental Management
NC Department of Environment, Health
and Natural Resources
Box 29535
Raleigh, N.C. 27626-0535
Dear Mr. Dorney:
This letter is in response to a request by the Army Corp of Engineers to
receive a section 401 water quality certification from your department.
As you can see by the attached letter, I was issued a nationwide permit
#26 from the Army Corp of Engineers, Wilmington district on December 22,
1992. This permit is authorized in conjuction with the receipt of a
section 401 water quality certification. I contacted your office today,
you were not in but I talked to a very helpful member of your department
and was told that since this impacted only .3 acres of wet lands, that
there should not be a problem with getting this certification. I would
like to request that I receive a written certification that I can attach
to the permit #26 from the 'Army Corp of Engineers in hopes of constructing
this pond site on some land that I have recently purchased in Moore County
North carolina.
Sincerely, ?Ix
James Nichols
JN:jlg
James Nichols
12463 Hwy 24-27
Robbins, N.C. 28327
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO December 22, 1992
Regulatory Branch
Action ID. 199300723 and Nationwide Permit No. 26
(Headwaters and Isolated Waters)
Mr. Jim Nichols
12463 Highway 24-27
Robbins, North Carolina 28327
Dear Mr. Nichols:
Reference your application of December 4, 1992, for Department of the Army
authorization to construct a 1.2 acre pond, impacting approximately 0.3 acre
of wetlands adjacent to a tributary of Nick's Creek, off S.R. 1838 near the
Eastwood community in Moore County, North Carolina.
Mr. Jeff Richter of my staff has determined that your proposed work is
located in the headwaters of the tributary, and, as less than one acre of
jurisdictional wetlands will be impacted by the construction, it can be
authorized by our Nationwide Permit No. 26.
For the purposes of the U.S. Army Corps of Engineers' Regulatory Program,
Title 33, code of Federal Regulations (CFR), Part 330.6, published in the
Federal Register on November 22, 1991, lists nationwide permits.
Authorization was provided, pursuant to Section 404 of the Clean Water Act,
for discharges of dredged or fill material into headwaters and isolated
waters.
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 and, in the coastal area, a consistency
determination from the North Carolina Division of Coastal Management. You
should contact Mr. John Dorney, telephone [phone], regarding water
quality certification, and Mr. Steve Benton, telephone [phone],
regarding consistency determination. This nationwide permit does not relieve
you of the responsibility to obtain other required State or local approval.
-2-
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,
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. Richter, Wilmington Field
Office, Regulatory Branch, telephone [phone].
Sincerely,
?G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
Mr. John Parker
North Carolina Department of
Enviror.:nent; 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