19880288 Ver 1_COMPLETE FILE_19880101

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State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor R. Paul Wilms
S. Thomas Rhodes, Secretary Director
March 25, 1988
Mr. Charlie Musser, Project Manager
Barrett Kays & Associates
304 East Jones Street
Raleigh, NC 27601
Dear Mr. Musser:
Subject: Proposed Fill in
Headwaters or Isolated
Wetlands
Ingram Subdivision
Wake County
Upon review of your request for Water Quality
Certification to place fill material in a wetland adjacent
to Marsh Creek, we have determined that the proposed fill
can be covered by General Water Quality Certification No.
2176 issued November 4, 1987. 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 Bill Mills at
919/733-5083.
Sincerely,
RPW/dkb
Attachment
Original Signed By
William C. Mills
For R. Paul Wilms
cc: Wilmington District Corps of Engineers
Raleigh Regional Office
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]

Barrett Kays & Associates
Civil Engineering/Land Planning/Surveying/Landscape Architecture
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March 24, 1988
AFAR '
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Mr. William Mills op
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Water Quality Section G/ow
Division of Environmental Management;
North Carolina Department of Natural Resources
and Community Development
P.O. Box 27687
Raleigh, North Carolina 27611-7687
i
Re: Section 401 Water Quality Certification for Ingram Subdivision
Raleigh, N.C.
Our Case #870607
Dear Mr. Mills:
This letter is to request a water quality certification under the
general certification for fill above headwaters (Nationwide Permit
No. 26) on the above referenced project.
Enclosed for your use is a copy of the project site plan and a copy of
the authorization letter from the Army Corps of Engineers.
Please contact me if you need anything further.
Sincerely,
Charlie Musser
Project Manager
Attachments
cc: Ralph K. Ingram
Barrett L. Kays
jc
304 East Jones Street / Raleigh, North Carolina 27601 / 919-828-1903

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IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS,e%N4,.
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
Ile
March 18, 1988;
MAR 2 1988
SUBJECT: Nationwide Permit No. 26
Mr. Charles A. Musser, Jr.
Barrett Kays & Associates
305 East Jones Street
Raleigh, North Carolina 27601
Dear Mr. Musser:
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M4R 2,4 1988
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RgT?ONS 8 ?EC? pN
On March 10, 1988, you and Mr. Neil Floyd met with Ms. Kathy
Trott of my staff to delineate wetlands at the Ingram Subdivision
located at the northeast corner of Atlantic Avenue and Millbrook
Road. The line flagged by Mr. Floyd accurately depicted the
wetland jurisdiction line for Department of the Army regulatory
jurisdiction. The wetlands are adjacent to and above the
headwaters Marsh Creek outside Raleigh, Wake County, North
Carolina.
For the purposes of the Corps of Engineers' Regulatory
Program, Title 33, Code of Federal Regulations (CFR), Part 330,
published in the Federal Register on November 13, 1986, lists
nationwide permits. Authorization was provided for discharges of
dredged or fill material into non-tidal rivers, streams, and their
lakes and impoundments, including adjacent wetlands, that are
located above the headwaters and other non-tidal waters of the
United States, including adjacent wetlands, that are not a part of
a surface tributary system to interstate waters or navigable
waters of the United States.
Your work is authorized by nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions.
Please be aware that this authorization does not relieve you of
the responsibility to obtain any required State or local approval.
In.addition, be reminded that you must obtain a Section 401 Water
Quality Certification prior to any work onsite. You should
contact Mr. William Mills at telephone [phone] concerning
this authorization.
If you have questions, please contact Ms. Kathy Trott,
Regulatory Branch, Raleigh Field Office, telephone [phone].
Sincerely,
Cha W. H is
hie Regulatory Branch
Enclosure

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40
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Copies Furnished (without enclosure):
Mr. John Parker
North Carolina Department
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina
Mr. William Mills
Water Quality Section
Division of Environmental
North Carolina Department
Resources and Community
Post Office Box 27687
Raleigh, North Carolina
of
27611-7687
Management
of Natural
Development
27611-7687

a
CONDITIONS
a. Any discharge of dredged or fill material will not occur in the
proximity of a public water supply.
b. The activity will not jeopardize a threatened or endangered species as
identified under the Endangered Species Act, or destroy or adversely modify
the critical habitat of such species.
c. The activity will not significantly disrupt the movement of those
species of aquatic life indigenous to the waterbody (unless the primary
purpose of the fill is to impound water).
d. Any discharge of dredged or fill material will consist of suitable
material free from toxic pollutants.
e. Any structure or fill will be properly maintained.
f. The activity will not occur in a component of the National Wild and
Scenic River System nor in a river offically designated by Congress as a
"study river" for possible inclusion in the system.
g. If the activity may adversely affect historic properties which the
National Park Service has listed on, or determined eligible for listing on,
the National Register of Historic Places, or if significant historic
properties are encountered before or during work, the permittee will notify
the District Engineer.
h. An individual state water quality certification must be obtained or
waived. Conditions of certification will be considered to be special
conditions of the Federal nationwide pemit.
i. The following management practices will be followed to the maximum
extent:
(1) Discharges of dredged or fill material into waters of the United
States will be avoided or minimized through the use of other practical
alternatives.
(2) Discharges in spawning areas during spawning seasons will be
avoided.
(3) Discharges will not restrict or impede the movement of aquatic
species indigenous to the waters or the passage of normal or expected high
flows or cause the relocation of the waters (unless the primary purpose of the
fill is to impound water).
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(4) 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 will be minimized.
(5) Discharge in wetland areas will be avoided.
(6) Heavy equipment working in wetlands will be placed on mats.
(7) Discharges into breeding areas for migratory waterfowl will be
avoided.
(8) All temporary fills will be removed in their entirety.