19930418 Ver 1_Complete File_19930313

State of North Carolina
Department of Environment,
Health and Natural Resources • •
Division of Environmental Management
James B. H,untrJr., , Governor
® c ¦ ¦
Jonathan B. Howes, Secretary C (?i
A. Preston Howard, Jr., RE., Director
June 1, 1993
Mr. Robert Howell
704 State Farm Road
Boone, N.C. '28607
Dear Mr. Howell:
Subject: Proposed fill in Wetlands or Waters
Stream relocation
Watauga County
DEM Project # 93418, COE # 199302153
Upon review of your request for 401 Water Quality Certification to place fill
material in 0.33 acres of wetlands or waters which are tributary to Hodges Creek for
stream relocation located at US105 in Watauga County, as described in your submittal
dated 14 May 1993, we have determined that the proposed fill can be covered by
General Water Quality Certification No. 2671 issued January 21, 1992. A copy of the
General Certification is attached. This Certification may be used in qualifying for
coverage under Corps of Engineers' General Permit No. 26.
If you have any questions, please contact John Dorney at 919-733-1786.
Sincerely
Freston Howard, 44/.E.
93418.Itr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DEM Regional Office
Mr. John Dorney
Central Files
Joe Napoleon, Town of Boone-Planning & Inspections Dept.
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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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
June 1, 1993
Mr. Robert Howell
704 State Farm Road
Boone, N.C. 28607
RIN X MAI
1:3 F= F1
Dear Mr. Howell:
Subject: Proposed fill in Wetlands or Waters
Stream relocation
Watauga County
DEM Project # 93418, COE # 199302153
Upon review of your request for 401 Water Quality Certification to place fill
material in 0.33 acres of wetlands or waters which are tributary to Hodges Creek for
stream relocation located at US105 in Watauga County, as described in your submittal
dated 14 May 1993, we have determined that the proposed fill can be covered by
General Water Quality Certification No. 2671 issued January 21, 1992. A copy of the
General Certification is attached. This Certification may be used in qualifying for
coverage under Corps of Engineers' General Permit No. 26.
If you have any questions, please contact John Dorney at 919-733-1786.
Sincerely
P, ston Howard, J P.E.
93418.Itr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DEM Regional Office
Mr. John Dorney
Central Files
Joe Napoleon, Town of Boone-Planning & Inspections Dept.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
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May 14, 1993
Water Quality Planning
DEM, EHNR
P.O. BOX 29535
Raleigh, NC 27626-0535
Dear Mr. John Dorney:
Per our phone conversation of this date, I am requesting that
your office send a letter of certification for work needed to
return a 50 to 70 foot section (approximately 8 foot wide by
2 foot deep) of Hodges Creek to its original creekbed. A
copy of the Army Corp of Engineers Permit is attached.
For my records, please send to:
Robert Howell
704 State Farm Road
Boone, NC 28607
Also, please FAX a copy to:
Joe Napoleon
Boone Planning and Inspections
FAX #[phone]
Regards,
X04-'-? "T-?q
.qk
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO May 5, 1993
Regulatory Branch
Action ID. 199302153 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
Robert and Beulah Howell
704 State Farm Road
Boone, North Carolina 28607
Dear Mr. and Ms. Howell:
Reference your April 7, 1993 application for Department of the Army
authorization to return a 50 to 70 foot section of Hodge's Creek back to it's
original streambed and place large rock and riprap along the banks of the
creek. The project is located on U.S Highway 105, behind Beulah's Bake Shop,
near Boone, in Watauga County, North Carolina. The purpose for the project is
to prevent further erosion of the stream banks from occurring adjacent to the
parking lot of the bake shop. Due to the eroding stream banks, the back
portion of the parking lot is currently in danger of sliding into the stream.
This project has been coordinated with the NC Wildlife Resources Commission
(WRC).
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.
Authorization was provided, pursuant to Section 404 of the Clean Water Act,
for discharges of dredged or fill material into headwaters and isolated waters
provided:
a. the discharge does not cause the loss of more than 1 acre of waters of
the United States;
b. the permittee notifies the District Engineer if the discharge would
cause the loss of waters of the United States greater than one acre in
accordance with the "Notification" general condition. For discharges in
special aquatic sites, including wetlands, the notification must also include
a delineation of affected specific aquatic sites, including wetlands; and
c. the discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project.
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions. This
nationwide permit does not relieve you of the responsibility to obtain any
required State or local approval. It is recommmeded that you contact Mr. John
Dorney with the State of North Carolina, at telephone [phone],
to insure that you have complied with state water quality certification
requirements.
1

-2-
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 acti?lity 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,
ne Wrigh
Chief, Regulatory Branch
Enclosure
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 29535
Raleigh, North Carolina 27626-0535
NC Wildlife Resources Commission
Mr. Joe Mickey
Route 2, Box 278
State Road, North Carolina 28676
Mr. Joe Napoleon
Town of Boone
Department of Planning and Inspections
635 Blowing Rock Road
Boone, North Carolina 28607
)40L-?j
6 -/_ i
State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
P.O. Box 29535
Raleigh, North Carolina 27626-0535
WATER QUALITY SECTION
FAX # [phone]
TELECOPY TO:
FAX NUMBER:
FROM:
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PHONE: ` 2&6
NUMBER OF PAGES, INCLUDING THE COVER SHEET: rX_? .