19940266 Ver 1_Complete File_19940309

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 19, 1994
ID EHN1=1
Mr. D.K. Bennett
NC DOT
P.O. Box 250
North Wilkesboro, North Carolina 28679
Dear Mr. Bennett:
Subject: Proposed fill in Wetlands or Waters
Road improvement
Ashe County
DEM Project #94266, COE #199300278
We have reviewed your request for 401 Water Quality Certification
to place fill material in 0.12 acres of wetlands or waters which are
tributary to Cabbage Creek for road improvement located at SR 1307 in
Ashe County as described in your submittal dated 8 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.
1786.
If you have any questions, please contact John Dorney at 919-733-
Sincerely,
est n oward, r. P. E.
94266.1tr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Winston-Salem DEM Regional Office
Mr. John Dorney
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
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N. C. DEPARTMENT n RBN660 jT f IVN
TRANSMITTAL SLIP
TO: / R IF. NO. OR ROOM, SLOG.
WETLANDS GROUP

FROM:

ACTION
? NOTE AND FILE ? PER 9UR CONVERSATION
? NOTE AND RETURN TO ME ? PER Y R REQUEST
? RETUR
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N
ITH MORE. DETAILS OR YOUR APPROVAL
? NOTE AND SEE ME A13OUT THIS ? FOR YOUR INFORMATION
? PLEASE ANSWER ? FOR YOUR COMMENTS
? PR
EPARE REPLY FOR MY SIGNATURE ? SIGNATURE
? TAKE APPROPRIATE ACTION ? INVESTIGATE AND REPORT
COMMENTS:
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1993ooz.
DEH ID: ACTION ID:
NATIONWIDE PERMIT APPLIED FOR (PROVIDE NATIONWIDE PERMIT ?)t /LL"--a•_'•.
JOINT APPLICATIOR tORH FOR
MATIONWIDE PERMITS TRAT REQUIRE NOTItICATION TO CORPS OF ENGTNEERS
NATIONWIDE PERMITS THAT *ZQUIRE BECT20N 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE IkbIVZbUAL SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. BOX 1890
WILMINGTON, NC 28402-1890,
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
bIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
R.O. BOX 29535
RALEIGH, NC 27626-0535 40I ?SSVE®
ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME : Jll L Vdq%4R7-1J17,0 r O,,-:r Z9.4A4SF10e 7W7-i;--J
2. OWNERS ADDRESS: P. O. A'%oX 2--59:5
AA ifsjGs 4OA20 v. c Ze4- 77
3. OWNERS PHONE NUMBER ( HOME) : ( WORK ) '719-6&7-
4. /7
IF APPLICABLE! AGENT'S NAME OR kESPONSIBLE CORPORATE OFFICIAL,, ADDRESS,
PHONE NUMBER: -.0 K ; ff gW a/G;T7-
? D Sox ZSb
it/o?TJ/ lcy,/?'?3 c • Zae.74
S. LOCATION OF PLANNED WORK (ATTACH MKIP) . COUNTY : /-/SHE
NEAREST TOWN OR CITY: G/L?
SPECIFIC LOCATION (INCLUDE. ROAD NUMBERS, LANDMARKS, ETC.):
6. NAME OF CLOSEST STREAM/RIVER: ?Lf?/A6E Gfr, C14--C5
7. RIVER BASIN:
8. IS THIS PROJECT LOCATED A WATERSHED CLASSIFIED A TROUT SA, HQW, ORO,
WS I, OR WS II? YES (v no I I
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES (vr MO ( )
IF YES, EXPLAIN. We Agy RP C/U!c/ L?/??/l!?''SS GI P?'rMi vG?C? /S
15 .K1 /1Cti'/S/ur? ?cl?c?SSy??aJic? ACI?sS
10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING
WETLANDS, LOCATED ON PROJECT SITE:
3/30/91
t 1 N , r
-2-
11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY
THE PROPOSED PROJECT:
FILLED:
bRAINED:
FLOODED:
EXCAVATED:
TOTAL IHPACTED s D, /2 .4G.2e-g _ ?G)
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): o IA4S k1l 30 =`l. O,,=
13. PURPOSE OF PROPOSED WORK: %
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. AhA 71c- if?cuJ Gor/S?/JUc?iu.? e?-' 5+2/307 2Pg4'//•es
-/U/6/ ZWIA/i1"/zt 7hG
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USt*S) AND/OR NATIONAL MARINE FISHERIES SERVICE (NHFS) REGARDING THE PRESENCE
OR ANY FEDERALLY LISTED OR-PROPOSED FOR LISTING ENDANGERED OR THREATENED
SPECIES OR.CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE
PROPOSED PROJECT. HAVE YOU DONE SO? YES tQ--- NO ( j
RESPONSES FROM Tilt USFWS AND/OR NHFS SHOULD BE FORWARDED TO CORPS.
16. YOU ARE REQUIRED 1.0 CONTACT SHE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH
MAY BE AFFECTED BY THE PROPOSED PROJECT?
HAVE YOU DONE SO? YES ( j NO
RESPONSE FROM THE 5HP0 SHOULD BE FORWARDED TO CORPS.
17. AbDITIONAL INFOhHATIO9 REQUIRED BY BEMs
A. WETLAND DELINEATION HAP SHOWING ALL WETLANDS, STREAMS, AND LAKES ON
THE PROPERTY. %
B. IF AVAILABLE] REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED 13Y
PROJECT.
t% it DELINEATION WAS PERFORMED by A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH
COPY.
E. WHAT IS LEWD USE OF SURROUNDING PROPERTY??
t. IF APPLICABLE, NHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
'Al
ER'S SIGNATURE DATE
t State of North Carolina
Department of Environment,
IRMA
Health and Natural Resources • 0
Division of Environmental Management
James B. Hunt, Jr., Governor [D E 1---i "F=1
Jonathan B. Howes, , Secretary
A. Preston Howard, Jr., P.E., Director
F''C Dc PT OF TRANSPi; --
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F o fox asp
Dear Sir or Madam:
SUBJECT; 401 WATER QUALITY CERTIFICATION
A54 r County, COE Project # 9c12 oco Q? g
The Division of Environmental Management (DEM) received a letter from the
Corps of Engineers (COE) stating that your project qualified for a Nationwide Permit.
Please be advised that the Nationwide Permit is not valid until a 401 Water Quality
Certification has been issued by the Division. General Certifications have been issue
by the Division for most of the Nationwide Permits, however, several of the General
Certifications require written concurrence from the Division before the Nationwide
Permit is valid.
If you are utilizing Nationwide Permit # 26 and your fill activity is equal to or
less than one-third (1/3) of an acre you are not required to obtain written concurrence.
Otherwise please complete the attached form (except for conditions 15 and 16) and
send six additional copies (a total of seven copies) so that the review of your request
can be initiated.
If you have any questions, please call me or Mr. John Dorney at 919-733-1786.
Sincerely,
Eric Galamb
NW26.ltr
cc: c,,,,vsra,.?-54??rnpEM Regional Office
Mr. John R. Dorney
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES R. NUN r. Iiz DIVISION OF HIGHWAYS SAM HUNT
GOMNC ?R SECRETARY
P. O. Box 250.
North Wilkesboro, NC 28659
October 13, 1993
Mr. John Thomas
U. S. Army Corps of Engineers
Regulatory Branch
11413 Falls of the Neuse Road
Wake Forest, NC 27587
Subject: Revision to Nationwide Permit No. 14 ID 199300238
along SR 1307 Cabbage Creek Road in Ashe,County
This is in reference to the telephone conversation with you
and D. K. Miller (County Maintenance Engineer, Ashe County)
on October 7, 1993.
Please find attached sketches, cross sections and marked
County Map to cover the proposed addition of 1-48 in pipe 30
feet in length to be placed in Cabbage Creek to provide
access to the property of Hugh McCoy.
As discussed in the above mentioned telephone conversation
this pipe was not proposed at the time of our permit
application. After construction began on this project, Mr.
McCoy insisted that we provide him a pipe in his property to
insure that he could utilize this drive with his farm
equipment. It is apparent that this will be necessary since
the grade of his driveway had been increased due to the
widening of said road.
Joe McKey Jr. of North Carolina Wildlife Resources
Commission, District Fisheries Biologist was also contacted
by D. K. Miller on October 6, 1993. Mr. Mickey is very
familiar with this project and advised Mr. Miller that he
would approve the installation of this 48 inch pipe in
Cabbage Creek. There are several other locations along this
road that pipe exist in said creek that provide access to
property owners.
b
r
Mr. John Thomas
October 13, 1933
Page 2
We are requesting that this additional pipe be approved and
covered under our existing Nationwide permit #14 ID
199300238.
All work will be performed according to the previously
included in the existing permit.
Please review this material, and if additional information is
needed please contact our office at 919-667-9117.
Your approval in this request is greatly appreciated.
Sincerely,
W/-? &0;i?
D. R. Bennett
Assistant District Engineer
cc: Doug Miller
Joe Mickey
Wade E. Hoke
D. J. Tetzlaff
County Maintenance Engineer
STATE OF NORM I..:AROLINA
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
October 29, 1993
IN REPLY REFER TO
Regulatory Branch
Action ID. 199300278 and Nationwide ermit No. 14 (Road Crossing)
Mr. D. K. Bennett
Asst. District Engineer
N.C. Department of Transportation
Post Office Box 250
North Wilkesboro, North Carolina 28659
Dear Mr. Bennett:
Reference is made to your letter of October 13, 1993, requesting
Department of the Army permit authorization for the placement of fill material
into Cabbage Creek in association with the placement a 48-inch by 30-inch cmp
culvert for - .ss to the Hugh McCoy property required with the paving
upgrade o SR 1307 (Cabbage Creek Road) Ashland, Ashe County, North Carolina.
Reference is also made to our telephone conversation of October 18, 1993, with
Mr. Joe Mickey in which the North Carolina Wildlife Resources Commission
expressed no objections to the planned road access provided that:
a. No heavy equipment is operated in the live streams in order to
minimize sedimentation and prevent introduction of other pollutants.
b. Erosion control measures should be implemented where soil is disturbed
and maintained until project completion.
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 (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 minimum 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;
-2-
c. The crossing is culverted, bridged or otherwise designed to prevent
the restriction of, and to withstand, expected high flows and the movement of
aquatic organisms;
d. The crossing, including all attendant features, both temporary and
permanent, is part of a single and complete project for crossing of a water of
the United States; and
e. For fills in special aquatic sites, including wetlands, the permittee
notifies the District Engineer in accordance with the "Notification" general
condition.
Special conditions of this permit state that before discharging dredged or
fill material into waters of the United States occurring within the
twenty-five mountain counties of North Carolina that contain trout waters, the
applicant will obtain a letter of approval from the North Carolina Wildlife
Resource Commission. Review of the information you have provided, and the
comments submitted by the North Carolina Wildlife Resources Commission,
reveals that your proposed work of a minor road crossing on the aforementioned
creek, is authorized by NWP provided it is accomplished in strict accordance
with the enclosed conditions and the recommendations set forth by the wildlife
Resources Commission. This NWP does not relieve you of the responsibility to
obtain any required State or local approval. You should contact Mr. John
Dorney at telphone [phone] regarding water quality certification.
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 NWP authorization is reissued without modification.or the activity
complies with any subsequent modification of the NWP authorization. If during
the 2 years, the NWP authorization expires or is suspended or revoked, or is
modified, such that the activity would no longer comply withthe terms and
conditions of the NWP, activities which have commenced-(i.e., are under
construction) or are under contract to commence in reliance upon the NWP will
remain authorized provided the activity is completed within 12 months of the
date of the NWP's expiration, modification or revocation, unless discretionary
authority has been exercised on a case-by-case base to modify, suspend or
revoke the authorization.
Thank you for your time and cooperation. If you have any questions,
please contact Mr. John Thomas, Raleigh Regulatory Field office, telephone
[phone].
Sincerely,
t?
e Wri t
qief, Regulatory Branch
Enclosure
-3-
Copies Furnished (without enclosure):
Dr. Charles Brouton
North Carolina Department of
Transportation
Planning and Research Branch
Post Office Box 25201
Raleigh, North Carolina 27611
Mr. Doug Miller
Land Quality Section
North Carolina Department of
Environment, Health and
Natural Resources
8025 North Point Boulevard
Suite 100
Winston-Salem, North Carolina 27106
Mr. John Parker
Division of Environmental Management
North Carolina Department of Environment,
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 29535
Raleigh, North Carolina 27626-0535
Regional Office Manager
North Carolina Department of Environment,
Health and Natural Resources
8025 North Point Boulevard
Suite 100
Winston-Salem, North Carolina 27106
Mr. Dennis Stewart
Habitat Conservation
North Carolina Wildlife Resources Commission
512 North Salisbury Street
Raleigh, North Carolina 27611
Mr. Joe Mickey, Jr.
Division of Boating & Inland Fisheries
Route 2, Box 278
State Road, North Carolina 28676
INFORMATION
a. All crossings must be from high ground to high ground.
b. Bridging will be required in areas designated as anadromous fish spawning
areas by the North Carolina Division of Marine Fisheries (NCDMF) or the North
Carolina Wildlife Resources Commission (NCWRC) if the District Engineer (DE)
determines that use of culverts would likely preclude the continued use of the
upstream waters as spawning areas for the anadromous fish.
NATIONWIDE CONDITIONS
a. The width of the fill is limited to the minimum necessary for the actual
crossing.
b. The fill placed in waters of the U.S. is limited to a filled area of no
more than 1/3 acre.
c. No more than a total of 200 linear feet of the fill for the roadway can
occur in special aquatic sites, including wetlands.
d. Crossing is culverted, bridged or otherwise designed to prevent the
restriction of, and to withstand, expected high flows and tidal flows and the
movement of aquatic organisms.
e. The crossing, including all attendant features, both temporary and
permanent, is part of a single and complete project for crossing of a water of
the U.S.
f. Fills in special aquatic sites, including wetlands, require a 30-day
notification to the District Engineer (DE). The notification must include a
delineation of affected special aquatic sites, including wetlands.
g. Where local circumstances indicate the need, the District Engineer (DE)
will define the:term "expected high flows for the purpose of establishing
applicability of this nationwide permit.
STATE CONSISTENCY CONDITIONS
a. If the proposed activity is within the North Carolina Coastal Area, the
applicant must receive written concurrence from the North Carolina Division of
Coastal Management (NCDMM) that the activity is consistent with the North
Carolina Coastal Management Program.
b. All fill material authorized by this permit must be obtained from an
upland source. .
c. Under this permit, bridging is required in areas designated as anadromous
fish spawning areas by the North Carolina Division of Marine Fisheries (NCDMF)
or the North Carolina Wildlife Resources Commission (NCWRC) in order to allow
CL7-14

12. Historic Properties. No activity which may affect Historic
Properties listed, or eligible for listing, in the National Register of
Historic Places is authorized, until the District Engineer has complied with
the provisions of 33 CFR 325, Appendix C. The prospective permittee must
notify the District Engineer if the authorized activity may affect any
historic properties listed, determined to be eligible, or which the
prospective permittee has reason to believe may be eligible for listing on the
National Register of Historic Places, and shall not begin the activity until
notified by the District Engineer that the requirements of the National
Historic Preservation Act have been satisfied and that the activity is
authorized. Information on the location and existence of historic resources
can be obtained from the State Historic Preservation Office and the National
Register of Historic Places (see 33 CFR 330.4(8)).
13. Notification.
a. Where required by the terms of the NWP, the prospective permittee must
notify the District Engineer as early as possible and shall not begin the
activity:
(1) Until notified by the District Engineer that the activity may
proceed under the NWP with any special conditions imposed by the District or
Division Engineer; or
(2) If notified by the District or Division Engineer that an
individual permit is required; or
(3) Unless 30 days have passed from the District Engineer's receipt
of the notification and the prospective permittee has not received notice from
the District or Division Engineer. Subsequently, the permittee's right to
proceed under the NWP may be modified, suspended or revoked only in accordance
with the procedure set forth in 33 CFR 330.5(d)(2).
b. The notification must be in writing and include the following
information and any required fees:
(1) Name, address and telephone number of the prospective permittee;
(2) Location of the proposed project;
(3) Brief description of the proposed project; the project's purpose;
direct and indirect adverse environmental effects the project would cause; any
other NWP(s), regional general permit(s) or individual permit(s) used or
intended to be used to authorize any part of the proposed project or related
activity;
(4) where required by the terms of the NWP, a delineation of affected
special aquatic sites, including wetlands; and
2
GENERAL, CONDITIONS
1. Navigation. No-activity may cause more than a minimal adverse effect on
navigation.
2. Proper Maintenance. Any structure or fill authorized shall be properly
maintained, including maintenance to ensure public safety.
3. Erosion and Siltation Controls. Appropriate erosion and siltation
controls must be used and maintained in effective operating condition during
construction, and all exposed soil and other fills must be permanently
stabilized at the earliest practicable date.
4. Aquatic Life Movements.. No activity may substantially disrupt the
movement of those species of aquatic life indigenous to the waterbody,
including those species which normally migrate through the area, unless the
activity's primary purpose is to impound water.
S. Equipment. Heavy equipment_ working in wetlands must be placed on mats or
other measures must be.taken, to minimize soil disturbance.
6. Regional and Case-by-case Conditions. The activity must comply with any
regional conditions which may have been added by the Division Engineer and any
case specific conditions added by the Corps.
7. Wild and Scenic Rivers. No activity may occur in a component of the
National Wild and Scenic River System; or in a river officially designated by
Congress as a "study river" for possible inclusion in the system, while the
river is in an official study status. Information on Wild and Scenic Rivers
may be obtained from the National Park Service and the U.S. Forest Service.
S. Tribal Rights. No activity or its operation may impair reserved tribal
rights, including, but not limited to, reserved water rights and treaty
fishing and hunting rights.
9. Water Quality Certification. In certain states, an individual state
water quality certification must be obtained or waived.
10. Coastal Zone Management. In certain states, an individual state coastal
zone management consistency concurrence must be obtained or waived.
11. Endangered Species. No activity is authorized under any NWP which is
likely to jeopardize the continued existence of a threatened or endangered
species or a species proposed for such designation, as identified under the
Federal Endangered Species Act, or which is likely to destroy or adversely
modify the critical habitat of such species. Non-Federal permittees shall
notify the District Engineer if any listed species or critical habitat might
be affected or is in the vicinity of the project and shall not begin work on
the activity until notified by the District Engineer that the requirements of
CL7-GCWN
-2-
the Endangered Species Act have been satisfied and that the activity is
authorized. Information on the location of threatened and endangered species
can be obtained from the U.S. Fish and Wildlife Service and National Marine
Fisheries Service.
12. Historic Properties. No activity which may affect Historic Properties
listed, or eligible for listing, in the National Register of Historic Places
is authorized, until the District Engineer has complied with the provisions of
33 CFR 325, Appendix C. The prospective permittee must notify the District
Engineer if the authorized activity may affect any historic properties listed,
determined to be eligible, or which the prospective permittee has reason to
believe may be eligible for listing on the National Register of Historic
Places, and shall not begin the activity until notified by the District
Engineer that the requirements of the National Historic Preservation Act have
been satisfied and that the activity is authorized. Information on the
location and existence of historic resources can be obtained from the State
Historic Preservation office and the National Register of Historic Places (see
33 CFR 330.4 (g)) .
13. Notification.
. a. Where required by the terms of the NWP, the prospective permittee must
notify the District Engineer as early as possible and shall not begin the
activity:
(1) until notified by the District Engineer that the activity may
proceed under the NWP with any special conditions imposed by the District or
Division Engineer; or
(2) if notified by the District or Division Engineer that an
individual permit is required; or
(3) Unless 30 days have passed from the District Engineer's receipt
of the notification and the prospective permittee has not received notice from
the District or Division Engineer. Subsequently, the permittee's right to
proceed under the NWP may be modified, suspended or revoked only in accordance
with the procedure set forth in 33 CFR 330.5(d)(2).
b. The notification must be in writing and include the following
information and any required fees:
(1) Name, address and telephone number of the prospective permittee;
(2) Location of the proposed project;
(3) Brief description of the proposed project; the project's purpose;
direct and indirect adverse environmental effects the project would cause; any

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other NWP(s), regional general permit (s) or individual permit (s) used or
intended to be used to authorize any part of the proposed project or related
activity;
(4) Where required by the terms of the NWP, a delineation of affected
special aquatic sites, including wetlands; and
(5) A statement that the prospective permittee has contacted;
(a) The USFWS/NMFS regarding the presence of any Federally listed
(or proposed for listing) endangered or threatened species or critical habitat
in the permit area that may be affected by the proposed project; and any
available•information provided by those agencies. (The prospective permittee
may contact Corps District Offices for USFWS/NMFS agency contacts and list of
critical habitat.)
(b) The SHPO regarding the presence of any historic properties in
the permit area that may be affected by the proposed project; and the
available information, if any provided by that agency.
14. -Water Supply Intakes. No discharge of dredged or fill material may occur
in the proximity of.a public water supply intake except where the discharge is
repair of the public water supply intake structures or adjacent bank
stabilization.
15. Shellfish Production. No discharge of dredged or fill material may occur
in areas of concentrated shellfish production, unless the discharge is
directly related to a shellfish harvest activity authorized by nationwide
permit.
16. Suitable Material. No discharge of dredged or fill material may consist
of unsuitable material (e.g., trash, debris,. car bodies, etc.) and material
discharged must be free from toxic pollutants in toxic amounts.
17. Mitigation. Discharges of dredged or fill material 'into waters of the
United States must be minimized or avoided to the maximum extent practicable
at the project site (i.e., on-site), unless the District Engineer has approved
a compensation mitigation plan for the specific regulated activity.
18. Spawning Areas. Discharges in spawning areas during spawning seasons
must be avoided to the maximum extent practicable.
19. Obstructions of High Flows. To the maximum extent practicable,
discharges must not permanently restrict or impede the passage of normal or
expected high flows or cause the relocation of the water (unless the primary
purpose of the fill is to impound waters).
.

-4-
20. - Adverse impacts from Impoundments. 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 shall be
minimized to the maximum extent practicable.
21. Waterfowl Breeding Areas. Discharges into breeding areas for migratory
waterfowl must be avoided to the maximum extent practicable.
22. Removal of Temporary Fills. Any temporary fills must be removed in their
entirety and the affected areas returned to their preexisting elevation.
State of North Carolina
-r- - 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
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Dear Sir or Madam:
SUBJECT; 401 WATER QUALITY CERTIFICATION
A County, COE Project # Q g
The Division of Environmental Management (DEM) received a letter from the
Corps of Engineers (COE) stating that your project qualified for a Nationwide Permit.
Please be advised that the Nationwide Permit is not valid until a 401 Water Quality
Certification has been issued by the Division. General Certifications have been issue .
by the Division for most of the Nationwide Permits, however, several of the General
Certifications require written concurrence from the Division before the Nationwide
Permit is valid.
If you are utilizing Nationwide Permit # 26 and your fill activity is equal to or
less than one-third (1/3) of an acre you are not required to obtain written concurrence.
Otherwise please complete the attached form (except for conditions 15 and 16) and
send six additional copies (a total of seven copies) so that the review of your request
can be initiated.
If you have any questions, please call me or Mr. John Dorney at 919-733-1786.
Sincerely,
S
Eric Galamb
NW26.ltr
cc: c„Iti;N-<,??nnpEM Regional Office
Mr. John R. Dorney
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
V*
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
October 29, 1993
IN REPLY REFER TO
Regulatory Branch
NOV - 91%3
WF7?? A r`
Action ID. 199300278 and Nationwide Permit No. 14 (Road Crossing)
Mr. D. K. Bennett
Asst. District Engineer
N.C. Department of Transportation
Post Office Box 250
North Wilkesboro, North Carolina 28659
Dear Mr. Bennett:
Reference is made to your letter of October 13, 1993, requesting
Department of the Army permit authorization for the placement of fill material
into Cabbage Creek in association with the placement a 48-inch by 30-inch cmp
culvert for a road access to the Hugh McCoy property required with the paving
upgrade of SR 1307 (Cabbage Creek Road), Ashland, Ashe County, North Carolina.
Reference is also made to our telephone conversation of October 18, 1993, with
Mr. Joe Mickey in which the North Carolina Wildlife Resources Commission
expressed no objections to the planned road access provided that:
a. No heavy equipment is operated in the live streams in order to
minimize sedimentation and prevent introduction of other pollutants.
b. Erosion control measures should be implemented where soil is disturbed
and maintained until project completion.
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 (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 minimum 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;

-2-
c. The crossing is culverted, bridged or otherwise designed to prevent
the restriction of, and to withstand, expected high flows and the movement of
aquatic organisms;
d. The crossing, including all attendant features, both temporary and
permanent, is part of a single and complete project for crossing of a water of
the United States; and
e. For fills in special aquatic sites, including wetlands, the permittee
notifies the District Engineer in accordance with the "Notification" general
condition.
Special conditions of this permit state that before discharging dredged or
fill material into waters of the United States occurring within the
twenty-five mountain counties of North Carolina that contain trout waters, the
applicant will obtain a letter of approval from the North Carolina Wildlife
Resource Commission. Review of the information you have provided, and the
comments submitted by the North Carolina Wildlife Resources Commission,
reveals that your proposed work of a minor road crossing on the aforementioned
creek, is authorized by NWP provided it is accomplished in strict accordance
with the enclosed conditions and the recommendations set forth by the Wildlife
Resources Commission. This NWP does not relieve you of the responsibility to
obtain any required State or local approval. You should contact Mr. John
Dorney at telphone [phone] regarding water quality certification.
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 NWP authorization is reissued without modification or the activity
complies with any subsequent modification of the NWP authorization. If during
the 2 years, the NWP 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 NWP, activities which have commenced (i.e., are under
construction) or are under contract to commence in reliance upon the NWP will
remain authorized provided the activity is completed within 12 months of the
date of the NWP's expiration, modification or revocation, unless discretionary
authority has been exercised on a case-by-case base to modify, suspend or
revoke the authorization.
Thank you for your time and
please contact Mr. John Thomas,
[phone].
cooperation. If you have any questions,
Raleigh Regulatory Field Office, telephone
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
,10,
r ,.
-3-
Copies Furnished (without enclosure):
Dr. Charles Brouton
North Carolina Department of
Transportation
Planning and Research Branch
Post Office Box 25201
Raleigh, North Carolina 27611
Mr. Doug Miller
Land Quality Section
North Carolina Department of
Environment, Health and
Natural Resources
8025 North Point Boulevard
Suite 100
Winston-Salem, North Carolina 27106
Mr. John Parker
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of Environment,
Health, and Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Regional office Manager
North Carolina Department of Environment,
Health and Natural Resources
8025 North Point Boulevard
Suite 100
Winston-Salem, North Carolina 27106
Mr. Dennis Stewart
Habitat Conservation
North Carolina Wildlife Resources Commission
512 North Salisbury Street
Raleigh, North Carolina 27611
Mr. Joe Mickey, Jr.
Division of Boating & Inland Fisheries
Route 2, Box 278
State Road, North Carolina 28676