19920351 Ver 1_Approval Letter_19920807

? I*-
y ?nnTto
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor George T. Everett, Ph.D.
William W. Cobey, Jr., Secretary 7) Director
/?c a 8 73 v
Dear Sir or Madam:
SUBJECT; 401 WATER QUALITY CERTIFICATION
County, COE Project # /99ozoa X98
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,
? G/? *_J
Eric Galamb
Applic It
cc: &bv DEM Regional Office
Mr. John R. Dorney
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900 919/896-7007
Pollution Prevention Pays
P.O. Boa 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal opportunity Affirmative Action Employer

A
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.Q. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
July 1, 1992
Regulatory Branch
Road Cro Kwraff,ni Action ID. 1 99202498 and Nationwide Permit No. 14 ( l?
Mr. C. Walter Allen ? 1992
54 Trantham Creek Road
LANDS GROUP
Fairview, North Carolina 28730 ei?rv.? ,....
Dear Mr. Allen:
Reference your application of May 22, 1992, for Department of the Army
authorization to construct two culverted road crossings across Troffham Branch
and an unnamed tributary thereof to access your property located Fairview
Forest Drive, Fairview, Buncombe County, North Carolina. The projects have
been reviewed by the N.C. Wildlife Resources Commission (WRC) for potential
adverse impacts to designated trout waters.
For the purposes of the U.S. Army Corps of Engineers' Reg latorinProgram,
Title 33, Code of Federal Regulations (CFR), Part 330.6, published Federal Register on November 22, 1991, lists nationwide permits.
Authorization, pursuant to Section 10 of the Rivers and Harbors Act of 1899 s for roads and Section 404 of the Water andlother special
crossing waters of the
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;
c. The crossing is culverted, bridged or otherwise designed to prevent
the restriction of, and to withstand, expected highflows 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.
A
-2-
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions, and those
outlined in the attached June 12, 1992 WRC letter. This nationwide permit
does not relieve you of the responsibility to obtain any required State or
local approval. Please contact Mr. John Dorney, North Carolina Division of
Environmental Management, telephone [phone], to obtain a waiver or
water quality certification for the proposed work. This permit is effective
upon receipt of the waiver or 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 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
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 David Baker in our Asheville
Regulatory office at (704).259-0856.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
A
-2-
Copies Furnished (without enclosure):
Mr. John Parker
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 27687
Raleigh, North Carolina 27611-7687
N.C. Wildlife Resources Commission
Mr. Mickey Clemmons
Route 1, Box 624
Waynesville, North Carolina 28786