19870437 Ver 1_COMPLETE FILE_19880105

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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 January 5, 1988 Director
Mr. W. Harry Mitchell
Bass, Nixon, & Kennedy, Inc.
7416 Chapel Hill Road
Raleigh, NC 27607
Subject: Proposed Fill in
Headwaters or Isolated
Wetlands
Stone Creek Subdivision
Wake County
Dear Mr. Mitchell:
Upon review of your request for Water Quality
Certification to place fill material in a tributary to Lower
Bartons 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
Certi-flz ation Xis attached. This. Certification-- eay ,'ae used
in qualifying for coverage under Corps of Engineers-,
Nationwide Permit No. 26.
If you-have any questions,°Filease,:contact Eil.1-Mills at
919/733-5083.
Sincerely,
Original Signed By
William C, Mills
For R. r Paul Wilms
RPW/dkb
Attachment
cc: Wilmington District Corps of Engineers
Raleigh Regional Office
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
BASS, NIXON & KENNEDY, INC., CONSULTING ENGINEERS
919 851-4422 7416 CHAPEL HILL ROAD, RALEIGH, N. C. 27607
December 10, 1987
Mr. Bill Mills
Water Quality Section
Division of Environmental Management
N. C. Dept. of Natural Resources
and Community Development
P. 0. Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Mills:
RECEIVED
0r-U 1 i I
R7
WATER QUAL11 SLOION
OPERATIONS BRANCH
Please find enclosed a map of Lot 30 Stone Creek Subdivision, Wake
County, showing the location of fill to be placed in a designated
wetlands, area. Also enclosed is a letter from the Wilmington District
Corps of Engineers authorizing the placement of fill under their
Nationwide Permit contingent upon the acquisition of a Water Quality
Certificate from your office. The location of the lot is shown on the
attached copy of the Bayleaf USGS Quadrangle.
Your assistance in obtaining the Water Quality Certification for this
lot is appreciated.
Very truly yours,
BASS, NIXON & KENNEDY, INC.
W. Harry Mit hell
WHM/rt
enclosures

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
December 2, 1987
Regulatory Branch
SUBJECT: Nationwide Permit No. 26 V_
Mr. Harry Mitchell
Bass, Nixon, and Kennedy, Inc.
7416 Chapel Hill Road
Raleigh, North Carolina 27607
Dear Mr. Mitchell:
On November 17, 1987, you met with Mr. Mike Coughlin of the
Wake County Community Development Service, Mr. Ken Cromartie of
the Wake Soil and Water Conservation District, and Mr. Jeff
Richter of my staff, concerning Lot No. 30 of the Stone Creek
subdivision, adjacent to a tributary of Barton's Creek, off
S.R. 1844, north of Raleigh, Wake County, North Carolina.
Mr. Richter determined that the entire lot is considered
wetlands within our jurisdiction, and therefore, a valid
Department of the Army permit will be required for the placement
of any fill material on the property. 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.
If you have questions, please contact Mr. Richter, Regulatory
Branch, telephone [phone].
Sincerely,
ar s W. Ho lis
C
hief, Regulatory Branch
Enclosure

CONDITIONS
a. Any discharge of dredged or fill material will not occur in the
proximity of a public water supply.
b. Any discharge of dredged or fill material will not occur in areas of
concentrated shellfish production unless the discharge is directly related to
a shellfish harvesting activity authorized by nationwide permit, 33 CFR
330.5(a)(4).
c. 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.
d. 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).
e. Any discharge of dredged or fill material will consist of suitable
material free from toxic pollutants.
f. Any structure or fill will be properly maintained.
g. 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.
h. The activity will not cause an unacceptable interference with
navigation.
i. 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.
j. The construction or operation of the activity will riot impair reserved
tribal rights, including, but not limited to, reserved water rights and treaty
fishing and hunting rights.
k. 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. Please contact Mr. William
Mills, North Carolina Division of Coastal Management, telephone (919) 733-
5083.
1. An individual state coastal zone management consistency concurrence
must be obtain or waived.
is
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m. The following management practices will be followed to the maximum
extent practicable:
(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).
(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.
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