19930859 Ver 1_Complete File_19931103

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9 3859
Signed
N.C. Dept. of Environment, Health, and Natural Resources
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO October 27, 1993
Regulatory Branch
art,.
Action ID No. 19940167 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
Mr. Roger Cates
State of North Carolina
Department of Transportation
Post Office Box 1460
Boone, North Carolina 28607
Dear Mr. Cates:
Reference your September 22, 1993 application for Department of the Army
(DA) authorization to replace/extend a culvert on SR 1517 (Rackett Creek Road)
along an unnamed tributary to Anthony Creek, near Gragg, in Avery County,
North Carolina. A rock headwall and endwall will be constructed to stabilize
the culvert. In addition, a rock silt screen will be installed downstream to
trap sediment. The purpose for the project is to straighten a curve on the
existing roadway. Less than 1/10 of an acre of headwater stream channel will
be impacted and no wetlands will be impacted by the work. This project has
been coordinated with the NC Wildlife Resources Commission (WRC).
For the purposes of the 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. Authorization was
provided, pursuant to Section 404 of the Clean Water Act, for discharges of
dredged or fill material into headwaters and isolated waters.
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions, those
conditions outlined in the October 5, 1993 WRC letter (which you have
received) and provided you receive a Section 401 water quality certification
from the North Carolina Division of Environmental Management (NCDEM). You
should contact Mr. John Dorney, telephone [phone], regarding water
quality certification. This nationwide permit does not relieve you of the
responsibility to obtain other required State or local approval.
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 nationwide permit authorization is reissued without modification or the
activity complies with any subsequent modification of the nationwide permit
authorization. If during the 2 years, the nationwide permit 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 nationwide permit,
activities which have commenced (i.e., are under construction) or are under
contract to commence in reliance upon the nationwide permit will remain
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authorized provided the activity is completed within 12 months of the date of
the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify,
suspend, or revoke the authorization.
Questions or comments may be addressed to Mr. Steve Chapin, Asheville
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
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
Mr. Chris Goudreau
NC Wildlife Resources Commission
Route 6, Box 685
Marion, North Carolina 28752
'`State of North Carolina
A
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
October 12, 1993
Mr. Roger Cates, P.E.
District Engineer
N.C. DOT
P.O. Box 1460
Boone, N.C. 28607
Dear Mr. Cates:
?EHNR
Subject: Proposed fill in Wetlands or Waters
Road maintenance, SR 1517
Avery County
DEM Project # 93859
Upon review of your request for 401 Water Quality Certification
to place fill material in 0.01 acres of wetlands or waters which are
tributary to Anthony Creek for road maintenance located at SR 1517 in
Avery County as described in your submittal dated 22 September 1993,
we have determined that the proposed fill can be covered by General
Water Quality Certification No. 2732. A copy of the General
Certification is attached. This Certification may be used in
qualifying for coverage under Corps of Engineers' Nationwide Permit
No. 14.
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,
Prgest'on ZVI Jr. P. E.
93859.1tr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington 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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STATE OF NORTH CAROLINA 40, Iss
DEPARTMENT OF TRANSPORTATION uc0
JAMES B. HUNT. IR. DIVISION OF HIGHWAYS SAM HUNT
GOVERNOR SECRETARY
P.O. Box 1460
Boone, N.C. 28607
September 22, 1993
Mr. Steve Chapin
U.S. Army Corps of Engineers
Room 75, Grove Arcade Bldg.
37 Battery Park Avenue
Asheville, N.C. 28801
Dear Mr. Chapin:
The Department of Transportation is requesting a 404
Nationwide Permit to replace an existing pipe on SR 1517
Racket Creek Road in Avery County.. The pipe carries an
unnamed tributary to Anthony Creek, DEM classification C Tr.
The existing 48 inch pipe is 20 feet long and in a
curve. The proposed pipe would be 40 feet of 48 inch pipe.
The extra length would allow for the roadway in the curve to
be widened to improve the safety of the traveling public.
I am sending a joint application form, a sketch of the
existing pipe, a sketch of the proposed replacement pipe with
the proposed erosion control, and a marked county map.
By copy of this letter, I am requesting Mr. Christopher.
Goudreau, N.C. Wildlife Resources Commission Biologist, to
comment directly to you concerning the 404 Nationwide Permit
request.
Also, by copy of this letter, I am regi_zesting
authorization to proceed under Section 401 of the Clean Water_
Act from the Division of Environmental Management.
We would like to begin construction as soon as possible.
If further information is required, please let me know. Yoiir
early review and consideration will be greatly appreciated.
Yours truly,
RoqE?r Cates, P.E.
District Eno i.nePr

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Paae 2
Mr.. Steve Chapin
SR 1517 Racket Creek
September 22, 1993
RC,JMB
Enclosure
Road Pipe Replacement
cc: Mr. Christopher Goudreau, District 8 Fisheries
Mr. Eric Galamb, Wetland Scientist, DEM
Mr. W.E. Hoke, P.E., Division Engineer
Mr. Neil Trivette, Area Roadside Environmental
Mr. Martin Bolick, County Maintenance Engineer
Bi ologi.st
Engineer.
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MAY HE AFFECTEDi by THE+PROPOSED PROJECT?
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OWNER'S SIGNATURE DATE
STATE OF NORTH CAROLINA SUBJECT ©55P/PE ADD-DI?I PROJECT ?SJG'IJr' I?I
DEhARTMENT OF TRANSPORTATION + gF_ L,4y • 51`IWCj ,p1 ISL. dVLs/Z 4? COUNTY
DIVISION OF HIGHWAYS
HIGHWAY BUILDING PREPARED BY ?- DATE STATION Z
P. O. BOX 25201
RALEIGH. NORTH CAROLINA 27611 CHECKED BY DATE STR NO SHEET OF,
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