19940263 Ver 1_COMPLETE FILE_19940304

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
March 27, 1994
Mr. James R. Flynt, Jr.
4030 Shattalon Drive
Winston-Salem, N.C. 27106
AT.R;WA
ID F== F3
Dear Mr. Flynt:
Subject: Proposed fill in Wetlands or Waters
Road crossing
Forsyth County
DEM Project #94263, COE #19940078
We have reviewed your request for 401 Water Quality Certification
to place fill material in waters which are tributary to Mill Creek for
road crossing located at Shattalon Drive in Forsyth County as
described in your submittal dated 17 March 1994. Based on this
review, we have determined that the proposed fill is covered by
General Water Quality Certification No. 2732. A copy of the General
Certification is attached. This Certification is necessary for
coverage under Corps of Engineers' Nationwide Permit No. 14. This
action completes DEM's review under Section 401 of the Clean Water
Act.
If this Certification is unacceptable to you, you have the right
to an adjudicatory hearing upon written request within thirty (30)
days following receipt of this Certification. This request must be in
the form of a written petition conforming to Chapter 150B of the North
Carolina General Statutes and filed with the Office of Administrative
Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. Unless such
demands are made, this Certification shall be final and binding.
17 8 6If you have any questions, please contact John Dorney at 91.9-733-
.
Sincerely,
dC
/ JA. 7reston Howard, Jr_. P.E.
94263.1t.r
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Winston-Salem DEM Regional Office
Mr.. John Dorney
Central Files
T. Glenn Zebl_o; Dennis K. Hoyle and Associates
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] F,V 919-733-2496
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
q yac0 3
DENNIS K. HOYLE AND ASSOCIATES, P.C.
1500 Piney Plains Road, Suite 200
Cary, North Carolina 27511
[phone]
Fax [phone]
March 17, 1994
Mr. John Dorney
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Re: 401 Water Quality Certification
Forsyth County, COE Project #19940078
Nationwide Permit No. 14 (Road Crossing)
Dear Mr. Dorney:
As per our telephone conversation on March 14, 1994, we are requesting written concurrence
from DEM on behalf of Mr. James R. Flynt, Jr. of 4030 Shattalon Drive, Winston-Salem, North
Carolina 27106.
As per the attached letter from the COE, this road crossing will not impact any special aquatic
sites. This road crossing only crosses Waters of the United States.
Please send this written concurrence to the COE, Wilmington District, so that the NWP #14 can
be completed.
Should you have any questions, please do not hesitate to call.
Sincere y,
T ??
T. Glenn Zeblo
TGZ/ssp
cc: Mr. James Flynt

FAHCO
191©9659138
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
December 13, 1993
IN REPLY PEFER TO
Regulatory Branch
Action ID. 199400788 and Nationwide Permit DTo. 14 (Road Crossing)
Mr. James R. Flynt, Jr.
4030 Shattalon Drive
Winston-Salem, North Carolina 27106
Dear Mr. Flynt:
P.06
Please reference the site visit of fovember 30, 1993, conducted by
Mr. John Thomas of the Raleigh Regulatory Field Office at your property
located off Shattalon Drive adjacent Mill Creek, Winston-Salem, _Forsyth
County, North Carolina. The purpose of the site visit was to review proposed
plans for a road crossing of the aforementioned creek, and also to inspect the
site for wetlands subject to Department of the Army permitting authority.
The review of the proposed plans indicates that the construction of the
access road will involve a single crossing of Mill Creek. The site visit
revealed that the proposed road crossing is located adjacent the
aforementioned tributary and that the crossing impacts waters of the United
States and would not include any impacts to special aquatic sites.
For the purposes of the U.S. Array 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 minimurn 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 cul.verted, bridged or otherwise designed to prevent
the restriction of, and to withstand, expected high flows and the movement of
aquatic organisms;