19880451 Ver 1_COMPLETE FILE_19880101

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 May 19, 1988 Director
Mr. Robert Chriscoe
P.O. Box 98
Jackson Springs, NC 27281
Subject: Proposed Fill in
Headwaters or Isolated
Wetlands
Proposed Dam - Robert
Chriscoe
Moore County
Dear Mr. Chriscoe:
Upon review of your request for Water Quality
Certification to place fill material in a tributary to
Jackson 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,
Original Signed By
William C. Mills
For
R. Paul Wilms
RPW/dkb
Attachment
cc: Wilmington District Corps of Engineers
Fayetteville Regional Office
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 284021890
April 27, 1988
Reg u 1`fg`t''3' E !fffA' Bch
SUBJECT: Nationwide Permit No. 26
Mr. Bob Chriscoe
Post Office Box 98
Jackson Springs, North Carolina 27281
Dear Mr. Chriscoe:

On April 20, 1988, you met with Mr. Jeff Richter of my staff
concerning your plans to construct a 2-3 acre pond, on a tributary "
to Jackson Creek, south of N.C. Highway 73 between Jackson Springs
and West End, Moore County, North Carolina.
You explained that you plan on modifying an existing road to
act as the dam. Mr. Richter flagged a majority of the wetlands
which will be impacted by the creation of the pond, and he
explained the Corps' Nationwide Permit program. Because your
project involves the placement of less than i acre of fill
material in wetlands, and the creek has an average annual flow of
less than 5 cubic feet per second, your project qualifies for
Nationwide Permit No. 26.
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
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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

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the responsibility to obtain any required State or local approval.
By copy of this letter, we are notifying the North Carolina
Division of Environmental Management of your proposal. You should
contact Mr. William Mills at [phone] in order to discuss
your responsibilities in obtaining the required 401 Water Quality

r Certificate. Because of the presence of the Red-cockaded
Woodpecker, a Federally endangered species, in Moore County, this
nationwide permit is not valid until you present to us a study
showing that this project will not impact in any way this
endangered species. You may wish to contact Mr. Jay Carter at
[phone], in Pinehurst, to assist you with this study.

A , Enclosed is the plat you furnished Mr. Richter in order to

,y conduct his field evaluation.

If you have questions, please contact Mr. Jeff Richter,
Regulatory Branch, telephone [phone].

Sincerely,

d
Cha
s W. oflis
hief, Regulatory Branch

Enclosures

Copies Furnished (without enclosures):

r. - Mr. John Parker
North Carolina Department of `
Natural Resources and
Community Development
n; Post Office Box 27687
°:. Raleigh, North Carolina 27611-7687

Mr. William Mills
Water Quality Section
Division of Environmental Management '
North Carolina Department of Natural n?
Resources and Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
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` 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. The red-cockaded woodpecker (Picoides borealis) is a
federally endangered species, and occurs in Moore County. You F
must submit to us a study showing that your proposed project will
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not impact in any way this endangered 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).
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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.
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f. An individual state water quality certification must be rf
obtained or waived. Conditions of certification will be
considered to be special conditions of the Federal nationwide w
pemit. Please contact Mr. William Mills, North Carolina Division
of Coastal Management, telephone [phone].

g. The following management practices will be followed to the
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maximum extent practicable:
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(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) 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
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minimized.

(3) Discharge in wetland areas will be avoided.
(4) Heavy equipment working in wetlands will be placed on
mats.
(5) Discharges into breeding areas for migratory
waterfowl will be avoided.
(b) All temporary fills will be removed in their entirety.

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