19940572 Ver 1_Complete File_19940621

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., RE., Director
APPROVAL of 401 Water Quality Certification
Mr. Danny Tolar
NC DOT
P.O: Box 3279
Asheville, N.C. 28802
Dear Mr. Tolar:
A14 Vy-eelVA
d Lm
ED EHNR
June 22, 1994
Madison County
DEM Project # 94572
FILE COPY
You have our approval to place fill material in 0.02 acres of wetlands or waters for
the purpose of road improvement at SR 1140, as you described in your application dated
17 June, 1994. After reviewing your application, we have decided that this fill is covered
by General Water Quality Certification Number 2735. This certification allows you to use
General Permit Number 031 when it is issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your
application. If you change your project, you must notify us and you may be required to
send us a new application. For this approval to be valid, you must follow the conditions
listed in the attached certification. In addition, you should get any other federal, state or
local permits before you go ahead with your project.
If you do not accept any of the conditions of this certification, you may ask for an
adjudicatory hearing. You must act within 30 days of the date that you receive this letter.
To ask for a hearing, send a written petition which conforms to Chapter 150B of the
North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box
27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and
binding unless you ask for a hearing.
This letter completes the review of the Division of Environmental Management under
Section 401 of the Clean Water Act. If you have any questions, please telephone John
Dorney at 919-733-1786.
Sincerely,
ston oward, J . P.E.
ftector
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DEM Regional Office
Mr. John Dorney
Central Files
94572.1tr
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
° TAIZ.
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT, )2 DIVISION OF HIGHWAYS
GOVERNOR P. O. Box 3279
Asheville, North Carolina
June 17, 1994
{
R. SAMUEL HUNT I I I
SECRETARY
Mr. David Baker
U. 5. Army Corp of Engineers
Regulatory Field Office
3 Battery Park: Ave.-
Asheville, NC 9901
SUBJECT: SR 1140, Madison Co.
Dear Mr. Baker:
We are providing a package of design sketches concerning
wetlands that will be impacted by this project. We have
enclosed a completed N.C. D.E.M. application for your use.
We ire planning on replacing or extending several pipes
in unnamed tributaries along the project. These tributaries
are not high duality Waters nor trout waters. There are no
proposer.) channel changes in these streams.
Please review this material, and it additional
information is needed please contact J. N. Jarrett or myself
of this office at 704-298-2741.
Thank: you for your cooperation and assistance in this
matter.
Sincerely yours,
Danny R. Tolar
District Engineer
cc: Mr. Eric Gal amb, Div. of Environmental Management

-rvi waves
NOTIFICATION FORM
INFORMATION SHEET
Nation-wide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
A. NOTIFICATION TO THE CORPS OF ENGINEERS DISTRICT ENGINEER. (REFER TO
ITEM B. BELOW FOR DIt'ISION OF ENVIRONMENTAL MANAGEMENT APPLICATION RE-
QUIREMENTS AND SPECIFICALLY NOTE N«'P 26 DIFFERENCE.)
Certain nationwide permits require notification to the Corps of Engineers before work can proceed. They are as follows:
NWP 5 (only for discharges of 10 to 25 cubic yards)
NWP 7
NWP 13 (only for stabilization activities in excess of 500 feet in length or greater than an average of one cubic yard
per turning foot)
NWT 14 (only for fills in special aquatic sites, including wetlands, and must include a delineation of affected special
aquatic sites)
NWP 17
NWP 18 (required when discharge exceeds 10 cubic yards or the discharge is in a special aquatic site and must include
a delineation of the affected special aquatic site, including wetlands)
NWP 21 (must include a delineation of affected special aquatic sites, including wetlands)
NWP 26 (only for greater than I acre total impacts and must include a delineation of affected special aquatic sites.
including wetlands)
NWP 33 (must include a restoration plan of reasonable measures to avoid and minimize impacts to aquatic resources)
NWP 37
NWP 38 (must include a delineation of affected special aquatic sites, including wetlands)
For activities that may be authorized by the above listed nationwide permits that require notification, the
applicant shall not begin work
a. Until notified that the work may proceed under the nationwide permit with any special conditions imposed by
the District Engineer, or
b. If notified that an individual permit may be required, or
c. Unless 30 days (calendar) have passed from the time a complete notification is received by the District Engineer
and no notice has been received from the District Engineer, and required state approvals have been obtained.
Requited state approvals include: 1) a Section 401 water quality certification if authorization is requested for a
discharge of dredged or fill material, and 2) in approved coastal zone management consistency detertnination if
the activity will affect the coastal area.
Use of NWP 12 also requires notification to the District Engineer, but work may not begin until written
concurrence is received from the District Engineer. The time periods described above do not apply.
Furthermore, requirements to notify the U.S. Fish and Wildlife Service (USFWS), the National Marine
Fisheries Service (NMFS), and the State Historic Preservation Office (SHPO), as indicated below and on the
notification form, do not apply.
B. APPLICATION TO DEM FOR NATIONWIDE PERMIT SECTION 401 CERTIFICATION.
Certain nationwide rmits require an application to DEM in order to obtain Section 401 water quality certification.
They are NWP 6, NWP 12, NWP 15; NWP 16, NWP 17, NWP 21, NWP 33, NWP 34, NWP 38, and NWP 40.
Certain nationwide permits were issued general certifications and require no application. They are NWP 3, NWP 4,
NWP 5, NWP 7, NWP 20, NWP 22, NWP 23 (requires notification to DEM), NWP 25, NWP 27, NWP 32, NWP 36,
and NWP 37.
The following nationwide permits were issued general certifications for only limited activities: NWP 13 (for projects
less than 500 feet in length), NWP 14 (for projects that impact waters only), NWP 18 (for projects with less than 10
cubic yards of fill in waters only), and NWP 26 (for projects with less than or equal to one-third acre fill of waters or
wetlands). Projects that do not meet these criteria require application for Section 401 water quality certifications.

(:• NOTIFICATION/APPLICATION PROCEDURES.
The attached form should be used to obtain approval from the Corps of Engineers and/or the N.C. Division of
Environmental Managernent as specified above. The permittee should make sure that all necessary information is
provided in order to avoid delays. One copy of the completed form is required by the Corps of Engineers and seven
copies are required by DEM. Plans and maps must be on 8 1/2 x 11 inch paper.
Endangered species requirement: For Corps of Engineers notifications only, applicants must notify the U.S. Fish and
Wildlife Service and/or the National Marine Fisheries Service regarding the presence of endangered species that may
he affected by the proposed project.
U.S. FISH AND WILDLIFE SERVICE
RALEIGH FIELD OFFICE
P.O. Box 33726
Raleigh, NC 27630-1726
Telephone [phone]
NATIONAL MARINE FISHERIES SERVICE
HABITAT CONSERVATION DIVISION
Pivers Island
Beauforr, NC 28516
Telephone [phone]
Historic resources requirement: For Corps of Engineers notifications only, applicants must notify the State Historic
Preservation Office regarding the presence of historic properties that may be affected by the proposed project.
STATE HISTORIC PRESERVATION OFFICE
N.C. DIVISION OF ARCHIVES AND HISTORY
109 East Jones Street
Raleigh, NC 27601
Telephone [phone]
Information obtained from these agencies should be fom,arded to the Corps.

DENT ID
ACTION ID:
Natiom%ide Permit Requested (Provide Nationwide Permit #1):
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, HEALTH,
P.O. Box 1890 AND NATURAL RESOURCES
Wilmington, NC 28402-1890 P.O. Boy 29535
ATTN: CESAW-CO-E Raleigh, NC 27626-0535
Telephone [phone] ATTN: MR..iOHN DORNEY
Telephone [phone]
ONE (1) COPY OF ?HIS 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: M. C . DEPT QF TRAM fVRTATldltl
2. Owners Address: P.Q. Odk 34-71. A-SHfCVILLE M. C
3. Owners Phone Number (Nome): (Work): 298- Z71-1
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
D40 WI R TOLAR C PiSTR1 C.TT Fm Gf2)
P. O. 06X 317 9
AS V1 L E., N.C.
5. Location of work (N'IUST ATTACH MAP). County:.. MAOIM"
Nearest Town or City: W nftt+L.L , I-L C .
Specific Location (Include road numbers, landmarks, etc.):_ _sR o 4a., ODf I= ALLj P-4,
FRO JA US 25-70 Sovm FOR 0. 37 A41. Td C. G. tic.
6. Name of Closest Stream./River: Must I CREEk
7. River Basin: MEMCR BROAD Pd%kR
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO [?
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO [Lf
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
0, 0 4- 4C
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled:
Drained:
Flooded:
Excavated: 010L Ac-
Total Impacted: 0,Q?- AC
V.
4
12. Description of proposed cork (Attach PLANS-8 112" X 11" drawings only); SEVERAL LU(.VERTS
1'a DE RP- A(EJD-/ FXTC?iDED 1?c1 1r?1.1?(lAluf=O Tt?t Bt?Tp?tFS ALONG _PRdJECC
13. Purpose of proposed work: TO f kJL(TATE T"c WIDEN/f16 AmD pgU?NG cF
S? 1 ! 40, 40l ? ?L?/ Rd ,
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. ,SEE AMVE./ALL &-yTfI.I Amp IKeCESg(R.y iCitCASt yp s
M CduT1E>r!L WSIOI4 6v0 ,SplMliJ ,4Tt6y MILL W UTIuzeD,
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service
(NMFS) 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( ) NO (vf
R.ESPONSFS FROM THE USFWS AND/OR NMFS SHOULD 13E FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of histf ri c/
properties in the permit area which may be affected by the proposed project? Have you done so? YES[ ) NO "J
RESPONSE FROM TIIE SIIPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project.
C. If 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 land use of surrounding property?, 4GM RE RGSID?
F. If applicable, what is proposed method of sewage disposal? /q
Dq.nny R . TdAaA (ptsr FgG(e) 9-17-74
Owner' Signature Date
401 ISSUED
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