Dept of Army (16)

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF October 6, 1995
Regulatory Branch
Action ID No. 199506046 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
Sugar Hollow Farms LLC
James G. K. MCC. Clarke
2610 Lamp Post Lane
Kannapolis, North Carolina 28081
Dear Mr. Clarke:
Reference your application of August 7, 1995, for Department of the Army
(DA) authorization to install a total of three culverts in Ashworth Creek and
an unnamed tributary thereof in conjunction with the construction of roads to
access residential sites in the proposed--&ugar Hollow Farms subdivision in
Fairview, Buncombe County, North Ca rolina."'-Riprap bank stabilization is to be
installed at the downstream end of the concrete culvert in Ashworth Creek.
The project will impact less than 1/3 acre o;f,Waters of the United States.
The proposal has been reviewed by the North Carolina Wildlife Resources
Commission (WRC).
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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, and those
outlined in the attached September 26, 1995 WRC letter. This nationwide
permit does not relieve you of the responsibility to obtain other required
State or local approval.
This verification will be valid until the nationwide permit is modified,
reissued or revoked. All the nationwide permits are scheduled to be modified,
reissued or revoked prior to 21 January 1997. It is incumbent upon you to
remain informed of changes to the nationwide permits. We will issue a public
notice announcing the changes when they occur. Furthermore, if you commence
or are under contract to commence this activity before the date the nationwide
permit is modified or revoked, you will have twelve months from the date of
the modification or revocation to complete the activity under the present
terms and conditions of this nationwide
permit.
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This verification will be valid until the nationwide permit is modified,
reissued or revoked. All the nationwide permits are scheduled to be modified,
reissued or revoked prior to 21 January 1997. It is incumbent upon you to
remain informed of changes to the nationwide permits. We will issue a public
notice announcing the changes when they occur. Furthermore, if you commence
or are under contract to commence this activity before the date the nationwide
permit is modified or revoked, you will have twelve months from the date of
the modification or revocation to complete the activity under the present
terms and conditions of this nationwide permit.
Questions or comments may be addressed to David Baker in our Asheville
Regulatory office at [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure: 9/26/95 WRC letter
copies Furnished (without enclosure):
VMr. 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
Dobson Engineering
240-D Swannanoa River Road
Asheville, North Carolina 28805